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bill no xxxv of 2017 the play schools (regulations) bill, 2017 a billto regulate the functioning of play schools and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the play schools (regulations) act, 2017(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appointed day" means the date of the commencement of this act;(b) "appropriate government" means, in the case of a state, the government of that state and in all other cases, the central government;(c) "authority" means the play schools education authority constituted by appropriate government under section 3;5(d) "play school" means any elementary or kindergarten school or formative centre or institution including private schools imparting pre-school or nursery education to children before their enrolment in the first standard; and (e) "prescribed" means prescribed by rules under the act103 (1) with effect from the appointed day, the appropriate government shall, by notification in the official gazette, constitute an authority to be known as the play schools education authority to regulate within its territorial jurisdiction, the functioning of play schools and conditions of service of teachers and other staff working in such schoolsconstitution of the play schoolseducation authority(2) the authority shall consist of,—(a) a chairperson to be appointed by the appropriate government; and15(b) a maximum of ten members to be appointed by the appropriate government:provided that the number of members shall, in no case, be less than six at any given time (3) the chairperson and other members referred to in sub-section (2) shall be chosen from amongst the persons who have special knowledge and at least ten years of experience in the field of education20(4) the term of office and conditions of service of the chairperson and the other members shall be such as may be prescribed(5) the appropriate government shall appoint such number of officers and staff to assist the authority, as it, considers necessary, for its efficient and effective functioningfunction of the authority254 (1) it shall be the duty of the authority to regulate the functioning of play schools and conditions of service of teachers and other staff, under its jurisdiction(2) without prejudice to the generality of the provisions contained in sub-section (1), the authority may,—(a) fix the student-teacher ratio;(b) put a ceiling on the tuition fee and other charges;30(c) fix the hours of duty of teachers and other staff; (d) monitor the funds collected by the schools; (e) suggest the type of infrastructure to be maintained and the safety conditions to be ensured;(f ) prescribe curriculum and extra-curricular activities; (g) require setting up of a grievance redressal mechanism; and35(h) perform such other functions as may be prescribedpower to make regulation5 the authority may, with the previous approval of the appropriate government,make regulations consistent with this act for regulating minimum qualifications for recruitment and the conditions of service of teachers of play schools406 the salary, allowances, medical facilities, pension, gratuity, provident fund andother benefits of teachers of play school shall not be less than those of teachers of corresponding status in schools run by the appropriate governmentsalary, allowances and other benefits to teachersfee and other charges7 no play school shall charge a tuition fee or collect other charges or receive payments, in excess of the amounts specified by the authority:provided that every play school shall obtain prior approval of the authority for charging tuition fee or collecting other charges, exceeding the amounts specified by the authority5closing down of play schools8 if the appropriate government, on receipt of a report from the authority, is satisfiedthat the managing committee of any play school has failed to perform its duties imposed on it by or under this act or any rules or regulations made thereunder and it is expedient in the interest of the school education to close down such school, it may, after giving reasonable opportunity of being heard to the managing committee of the school, order closing down of such school for such period as it may consider appropriate109 the provisions of this act shall be in addition to and not in derogation of any otherlaw or rules made thereunder for the time being in forceact not to be in derogationof other lawspower to remove difficulties10 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may be necessary for removing the difficulty:15provided that no order shall be made under this sub-section after the expiry of two years from the appointed day(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament20power to make rules11 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purpose of this act25 30(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsthe pre-schooling and early childhood care is predominantly prevalent in the private sector the play schools have mushroomed all over the country, especially in urban areas foundation of mental and physical development of little children is laid in play schools in the absence of any regulatory framework, complaints of parents and non-government organisations are not addressed by these schools as play schools are laying foundation for the child's future, they should be governed by an appropriate legislationthe bill, therefore, seeks to regulate the functioning of play schools in the country not only to ensure quality education and guidance in play schools but also to protect the guardians from unnecessary exploitationhence this billdr t subbarami reddy financial memorandumclause 3 of the bill provides that the appropriate government shall, within its territorial jurisdiction, constitute play schools education authority to regulate the functioning of the play schools the expenditure relating to the states shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of india it is estimated that sum of rupees two crores will be involved as recurring expenditure per annum from the consolidated fund of india a non-recurring expenditure to the tune of rupees fifty lakh is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the play schools education authority to regulate the minimum qualifications or recruitment and conditions of teachers and other staff of play schools clause 11 empowers the central government to make rules for carrying out the purposes of the bill the matters in respect of which rules and regulations may be made are matters of administrative details and procedure and as such, the delegation of legislative powers is of a normal character rajya sabha———— a billto regulate the functioning of play schools and for matters connected therewith or incidental thereto————(dr t subbarami reddy, mp)gmgipmrnd—2893rs(s3)—15122017	Parliament_bills	f34b072c-90ad-5163-b439-5063e8fcbe7b
as introduced in lok sabha bill no 116 of 2017 the compulsory voting bill, 2017 by shri shrirang appa barne, mp a billto provide for compulsory voting by the electorate in the country and for matters connected therewithbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the compulsory voting act, 2017(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointcompulsory voting2 it shall be compulsory for every voter who is eligible to vote at an election to exercise his right to vote when called for by the election commission:provided that a voter may be exempted from exercising his right to vote—(a) if he is physically incapacitated from an illness of a serious nature and produces a medical certificate from a registered medical practitioner certifying such incapacity; or5(b) if the election commission or such other authority as may be empowered by the election commission, on receipt of a request either before or after the poll, from the voter, is satisfied that there are genuine and bona fide grounds for such exemption; or(c) if he belongs to armed forces including paramilitary forces and is on active duty103 the election commission shall ensure protection and safety of all citizens who come to polling booths to cast their votesprotection and safety for voters at polling booths4 the election commission shall send a list of names of all eligible voters, who have not cast their votes, to central government or the state government, as the case may besending of list of names of voters not casting their votes to the government15 5 (1) there shall be set up adequate number of polling booths at convenient locations in every constituency of the house of the people or legislative assembly, as the case may beadequate number and spacing of polling booths(2) the polling booths shall be set up in such a way—(i) that number of voters for each booth remains same to the extent possible; and (ii) that distance between one polling booth and another shall not exceed five hundred meters:20provided that in hilly regions and desert areas polling booths may be set up according to geographical convenience and density of population6 there shall be made suitable arrangements enabling the persons deployed in connection with the polling duty to cast their votesspecial arrangements for poll staff257 there shall be made separate arrangements in every polling booth for casting of votes by senior citizens, physically challenged persons and pregnant womenspecial arrangements for senior citizens, etc punishment8 any person, who fails to cast his vote shall be liable to—(i) a fine of rupees two thousand; or (ii) five days' imprisonment; or (iii) forfeiture of his ration card, passport and aadhaar card for at least 6 months;and30(iv) be ineligible to get loan of any kind from any financial institution owned by the central government or from private sector financial institution;(v) be ineligible for entitlement to any government scheme announced by the central government or the state government from time to time:35provided that if such person is an employee of the union government or a state government or a union territory administration or any public sector undertaking owned or controlled by the union government or a state government or a union territory administration or any private sector, such person shall also be punished with—40(a) forfeiture of one month salary; and (b) delay in promotion for a period of four yearspower to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the proposes of this act510(2) every rule made under this act shall be laid as soon as may be after it is made beforeeach house of parliament, while it is in session, for total period of thirty days which may be comprises in the session or in two or more following the session or the successive session aforesaid both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe constitution has adopted the system of universal adult suffrage to secure political justice right to vote is also provided in india under the representation of people act, 1951 it provides that every person who is, for the time being entered in the electoral roll of the constituency, shall be entitled to vote in that constituency since elections are the life blood of democratic procedure, it is via the act of voting that democratic principles are protected electoral systems are the main tools through which the notions of participation and representation are transformed into reality the main purpose of the electoral system is to transform votes cast by electors into seats in the parliament given that participation in modern states is inter-linked with the notion of democracy, citizens' political engagement is of great importance leaders are trying to legitimize their actions by creating a sense of public involvement even though different states have different ways of elections and different ways of attracting voters, this electoral deficit is a global phenomenon so, we can say there is a direct connection between democracy and compulsory voting compulsory voting is not a new concept some of the countries that introduced mandatory voting laws were belgium in 1892, argentina in 1914 and australia in 1924 countries that enforce compulsory voting are argentina, australia, austria, bulgaria, brazil, chile, cyprus, ecuador, fiji, greece, lichtensteen, mexico, nauru, peru, singapore, switzerland (one canton only), turkey and uruguay compulsory voting is a system in which electors are obliged to vote in elections or attend a polling place on voting daycompulsory voting system confers a higher degree of political legitimacy because they result in increased voter turnout the victorious candidate represents a majority of the population, not just the politically motivated individuals who would vote without compulsioncompulsory voting prevents disenfranchisement of the socially disadvantaged in a similar way that the secret ballot is designed to prevent interference with the votes actually cast, compelling voters to the polls for an election reduces the impact that external factors may have on an individual's capacity to vote such as the weather, transport, or restrictive employersif everybody must vote, restrictions on voting are easily identified and steps are taken to remove themcompulsory voting may encourage voters to research the candidates' political positions more thoroughly since they are voting anyway, they may take more of an interest into the nature of the politicians they may vote for, rather than simply opting out this means candidates need to appeal to a more general audience, rather than a small section of the communityapart from the increased turnout as a value in itself, arend lijphart, a renowned political scientist, lists other advantages to compulsory voting firstly, the increase in voting participation may stimulate stronger participation and interest in other political activities secondly, as smaller campaign funds are needed to goad voters to the polls, the role of money in politics decreaseshence this bill financial memorandumclause 5 provides for setting up of adequate number of polling booths in every constituency clauses 6 and 7 provide for special arrangements for persons deployed for poll duty, senior citizens, physically challenged persons and pregnant women in order to enable them to cast their votes the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees seven thousand crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for compulsory voting by the electorate in the country and for matters connected therewith————(shri shrirang appa barne, mp)gmgipmrnd—978ls(s3)—19-07-2017	Parliament_bills	e89a6840-a5b4-5789-98f1-8b44c15a8c58
bill no lxviii of 2010 the bureau of accountability bill, 2010 a billto provide for the setting up of a bureau of accountability to suggest measures to uproot corruption; making the administration efficient and for matters connected therewith and incidental theretobe it enacted by the parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the bureau of accountability act, 2010short title and commencement5(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appointdefinition2 in this act, unless the context otherwise requires the word 'bureau' means the bureau of accountability established under section 3 of this act3 (1) the central government shall establish a bureau which shall consists of the following:—establishment of a bureau of accountability10(i) two serving or retired judges of the supreme court of india; (ii) cabinet secretary to the central government;(iii) home secretary to the central government;(iv) chief of the intelligence bureau of india; (v) one retired general of the army to be nominated by the central government;and5(vi) an eminent social and political worker to be nominated by the central government (2) the members of the bureau shall have a tenure of five years from the date of their appointment or nomination, as the case may be(3) the bureau shall have its office located at new delhi10(4) the central government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the bureauchairman of the bureau4 the members of the bureau shall elect from amongst themselves a member to preside over the meetings of the bureau and the member so elected shall be designated as chairman of the bureau155 the bureau shall take steps and suggest measures to the central government to—functions of the bureau(i) accelerate the pace of working in the ministries of the government of india; (ii) make the administration corruption free; and (iii) implement the policies framed by the central government within the prescribed time period20powers of bureau6 the members of the bureau shall carry out surprise inspections of various ministries and departments of the central government from time to time and suggest measures for carrying out administrative reforms in the functioning of the ministries7 (1) the bureau shall formulate rules for its internal working and the rule so made shall be laid on the table of each house of parliament25procedure to be followed by the bureau in its functioning(2) if any amendment is made to the rules framed under sub-section (1), the amendment so made shall also be laid on the table of each house of parliamentpowers to make rules8 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act statement of objects and reasonsit has been emphasized time and again that unstable bureaucracy is a big hurdle in the development of the country some senior officers and their subordinates working in government offices do not dispose of their official works within particular time period many important files remain pending for months in government offices which in turn leads to corruption it is, therefore, necessary that a high powered permanent bureau should be set up to accelerate the pace of work of bureaucracy and ensure timely completion of work this will also help in rooting out corruptionhence this billmohan singh financial memorandumclause 3 of the bill provides that the central government shall establish a bureau of accountability it further provides that the central government shall appoint such number of officers and staff as is considered necessary for the efficient functioning of the bureau it also provides that the office of the bureau shall be located at new delhi the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one hundred crore per annum a nonrecurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for the setting up of a bureau of accountability to suggest measures to uproot corruption; making the administration efficient and for matters connected therewith and incidental thereto————(shri mohan singh, mp)gmgipmrnd—6702rs(s3)—-28-02-2011	Parliament_bills	d662bce2-32e6-55f8-823e-76b28d97696f
the national institutes of food technology, entrepreneurship and management bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1short title and commencement2declaration of certain institutes as institutions of national importance3definitions chapter ii the institutes4incorporation of institutes5effect of incorporation of institutes6powers and functions of institutes7institutes to be open to all races, creed and classes8institutes to be not-for-profit legal entity9teaching at institutes chapter iii the authorities of institutes10authorities of institutes11board of governors12powers and functions of board13term of office of, vacancies among, and allowances payable to, members of board14filling of casual vacancy15resignation of members16senate17functions of senate18powers and functions of chairperson19director20registrar21other authorities and officers22appointments23statutes24statutes how made clauses25ordinances26ordinances how made27tribunal of arbitration chapter iv the council28establishment of council29term of office of, vacancies among, and allowances payable to members of council30functions of council31meetings of council chapter v finance, accounts and audit32grants by central government33fund of institutes34accounts and audit35pension, insurance and provident funds chapter vi miscellaneous36acts and proceedings not to be invalidated by vacancies, etc37protection of action taken in good faith38power to make rules39rules, statutes and ordinances to be published in official gazette and to be laidbefore parliament40power to remove difficulties41transitional provisionsthe schedule the national institutes of food technology, entrepreneurship and management bill, 2019 a billto declare certain institutions of food technology, entrepreneurship and management tobe the institutions of national importance and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches and for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 whereas the objects of the institutes mentioned in the schedule are such as to make them institutions of national importance, it is hereby declared that each such institute is an institution of national importancedeclaration of certain institutes as institutions of national importance definitions3 in this act, unless the context otherwise requires,—5(a) "board" in relation to an institute means the board of governors referred to in section 11;(b) "chairperson" means the chairperson of the board; (c) "corresponding institute" in relation to an institute mentioned in column (2)of the schedule, means an institute as specified in column (3) of the said schedule;10(d) "council" means the council established under section 28; (e) "director" means the director of the institute appointed under section 19; (f) "existing institute" means an institute mentioned in column (2) of the schedule; (g) "fund" means the fund of the institute to be maintained under section 33; (h) "institute" means the institute mentioned in column (3) of the schedule;15(i) "member" means a member of the board and includes the chairperson; (j) "notification" means a notification published in the official gazette; (k) "prescribed" means prescribed by rules made under this act; (l) "registrar" means the registrar of the institute appointed under section 20; (m) "schedule" means the schedule appended to this act;20(n) "senate" means the senate of the institute referred to in section 16;21 of 1860(o) "society" means the existing institute registered as a society under the societies registration act, 1860; and(p) "statutes and ordinances" in relation to any institute means the statutes and ordinances of that institute made under this act25 chapter ii the institutesincorporation of institutes304 on and from the date of commencement of this act, each of the institute mentioned in column (3) of the schedule shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued5 on and from the date of commencement of this act,—effect of incorporation of institutes35\| ( \| a \| ) any reference to an existing institute in any other law for the time being in \|\|------------------------------------------------------------------------------------\|-----\|---------------------------------------------------------------------------------------\|\| force or in any contract or other instrument shall be deemed as a reference to the \| \| \|\| corresponding institute; \| \| \|\| ( \| b \| ) all properties, movable and immovable, of or belonging to an existing institute \|\| shall vest in the corresponding institute; \| \| \|\| ( \| c \| ) all rights and liabilities of an existing institute shall be transferred to, and be \|\| the rights and liabilities of the corresponding institute; \| \| \|40 45(d) every person employed by an existing institute immediately before such commencement shall hold his office or service in the corresponding institute, with the same tenure, for the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held had this act not been enacted, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the statutes:5provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms and conditions of the contract with the said employee or, if no provision is made therein in this behalf, on payment to him by the institute, of compensation equivalent to three months' remuneration in case of permanent employee and one month's remuneration in the case of other employee:10provided further that any reference, by whatever form of words, to the director or vice-chancellor, and other officers of an existing institute under any law for the time being in force, or any instrument or other document, shall be construed as a reference to the director, and other officers of the corresponding institute;(e) every person pursuing, before commencement of this act, any academic or research course in an existing institute, shall be deemed to have migrated and registered with the corresponding institute, on such commencement at the same level of course in the institute from which such person migrated; and15(f) all suits and other legal proceedings instituted or which could have beeninstituted by or against an existing institute, immediately before the commencement of this act, shall be continued or instituted by or against the corresponding institute6 (1) subject to the provisions of this act, each institute shall exercise the following powers and perform the following functions, namely:—powers and functions of institutes20(a) to provide for instruction and research in such branches of food science andfood technology, and any other branches of engineering, technology, science and management as the institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches;(b) to hold examinations and grant degrees, diplomas, certificates and otheracademic distinctions or titles;25(c) to confer honorary degrees or other distinctions; (d) to fix, demand and receive fees and other charges; (e) to establish, maintain and manage halls and hostels for the residence ofstudents;30(f) to supervise and control the discipline of all categories of employees andstudents of the institute and to make arrangements for promoting their health, general welfare, cultural and corporate life;(g) to provide for the maintenance of units of the national cadet corps for thestudents;35(h) to institute academic and other posts and to make appointments theretoexcept the director;(i) to deal with any property belonging to or vested in the institute in suchmanner as the institute may deem fit for advancing the objects of the institute;40(j) to receive gifts, grants, donations or benefactions from the government andto receive bequests, donations and transfers of movable or immovable property from testators, donors or transferors, as the case may be;45(k) to co-operate and collaborate with educational or other institutions in anypart of the world having objects wholly or partly similar to those of the institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;(l) to institute and award fellowships, scholarships, exhibitions, prizes and medals;and(m) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the institute(2) notwithstanding anything contained in sub-section (1), an institute shall not dispose of in any manner any immovable property without the prior approval of the central government5institutes to be open to all races, creed and classes7 (1) each institute shall be open to all persons irrespective of gender, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers, officers, employees or workers or in any other connection whatsoever(2) no bequest, donation or transfer of any property shall be accepted by any institute, which in the opinion of the council involves conditions or obligations opposed to the spirit and object of this section10(3) the admission to every academic course or programme of study in each institute shall be based on merit, assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such institute:15provided that nothing in this section shall be deemed to prevent the institute from making special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the scheduled castes and the scheduled tribes:5 of 200720provided further that each such institute shall be a central educational institution for the purposes of the central educational institutions (reservation in admission) act, 2006institutes to be not-forprofit legal entity8 (1) each institute shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of the institute, after meeting all expenditures in regard to its operations under this act, shall be invested for any purpose other than for the growth and development of the institute or for conducting research therein(2) each institute shall strive to raise funds for self-sufficiency and sustainability25teaching at institutes9 all teaching at each of the institutes shall be conducted by or in the name of the institute in accordance with the statutes and ordinances made in this behalf chapter iii the authorities of institutes3010 the following shall be the authorities of an institute, namely:—authorities of institutes(a) a board of governors; (b) a senate; and (c) such other authorities as may be declared by the statutes to be the authorities of the institute35board of governors11 (1) the board of governors of each institute shall be the principal executive body of that institute(2) the board of each institute shall consist of the following members, namely:—40(a) a chairperson, from amongst eminent persons distinguished in the field offood industry or education or food science or food processing technology or management or public administration or such other field, to be appointed by the central government;(b) the director of the institute- member, ex officio;(c) the chairperson of the food safety andstandards authority of india or his nominee- member, ex officio;45(d) the director-general of the indian council ofagricultural research or his nominee- member, ex officio;\| ( \| e \| ) one representative, not below the rank of a \|\|----------------------------------------------------------\|------------\|--------------------------------------------------\|\| director, of the ministry or department of the central \| \| \|\| government dealing with food processing industries \| - \| \|\| 5 \| \| \|\| ( \| f \| ) two representatives having special \|\| in the field of food processing industry to be nominated \| \| \|\| by the central government \| - \| \|\| ( \| g \| ) one representative from an indian institute of \|\| management \| - \| \|\| ( \| h \| ) one representative from an indian institute of \|\| technology \| - \| \|\| 10 \| \| \|\| ( \| i \| ) the dean of faculty of the institute, if any \|\| ( \| j \| ) secretary to the government of india in the \|\| department of higher education or his nominee \| - member, \| ex officio \|\| 15 \| \| \|\| ( \| k \| ) three faculty members of the institute from \|\| amongst professors, associate professors and \| \| \|\| assistant professors, by rotation of seniority \| - members, \| ex officio \|\| ( \| l \| ) one nominee of the concerned state \|\| government not below the rank of a joint secretary \| - \| \|\| ( \| m \| ) registrar of the institute \|20(3) the chairperson shall have the power to invite any number of experts, not being members of the board, to attend meetings of the board, but such invitees shall not be entitled to vote at the meetingpowers and functions of board2512 (1) subject to the provisions of this act, the board of each institute shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate(2) without prejudice to the provisions of sub-section (1), the board of each institute shall exercise the following powers and perform the following functions, namely:—30(a) to take decision on questions of policy relating to the administration andworking of the institute;(b) to examine and approve the annual budget estimates of the institute; (c) to examine and approve the plan for development of the institute and toidentify sources of finance for implementation of the plan;35(d) to establish departments, faculties or schools of studies and initiateprogrammes or courses of study at the institute;(e) to set-up centres of food processing studies and allied areas within thecountry after approval of the central government;(f) to grant degrees, diplomas and other academic distinctions or titles, and toinstitute and award fellowships, scholarships, prizes and medals;40(g) to confer honorary degrees in such manner as may be specified by thestatutes;(h) to grant honorary awards and other distinctions;45(i) to create academic, administrative, technical and other posts and determine,by statutes, the qualification, classification, terms and conditions of service and method of appointment of such posts;(j) to set-up centres of food processing studies and allied areas outside india in accordance with the guidelines laid down by the central government from time to time and in accordance with the provisions of the laws for the time being in force in such foreign country;5(k) to pay, variable pay to the director of the institute on the basis of performance objectives as may be specified by the statutes;(l) to make, amend and repeal the statutes; (m) to consider and modify or cancel the ordinances; and (n) to exercise such other powers and perform such other functions as may be conferred on or assigned to it by this act or the statutes10(3) subject to the provisions of this act, the board may, by statutes, delegate such powers and functions of the board to the director as it may deem fit(4) the board shall conduct an annual review of the performance of the director, in the context of the achievements of objects of the institute:15provided that such review shall include performance review of faculty members of the institute on such parameters, periodicity and terms of reference as may be determined by the board20(5) the board shall, through an independent agency or group of experts, within a period of three years from the date of incorporation of the institute, and thereafter at least once every three years, evaluate and review the performance of the institute, including its faculty, on the parameters of long term strategy and rolling plans of the institute and such other parameters as the board may decide and the report of such review shall be placed in public domain25(6) the qualifications, experience and the manner of selection of the independent agency or group of experts, referred to in sub-section (5), shall be such as may be specified by the statutes(7) the report of the evaluation and review under sub-section (5) shall be submitted by the board to the central government along with an action taken report:30provided that the central government may after considering the report, give suggestions to the board for further actions to be taken by it(8) where in the opinion of the chairperson or the director, the situation is so emergent that an immediate decision needs to be taken in the interest of the institute, the chairperson, in consultation with the director, may issue such orders as may be necessary after recording the grounds for his opinion:35provided that such orders shall be submitted for ratification by the board in the next meeting(9) the board shall, in exercise of its powers and discharge of its functions under this act, be accountable to the central government, and the central government may issue directions to the board in public interest on the matters of policy40(10) the board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and performance of its functions under this act13 (1) save as otherwise provided in this section, the term of office of the chairperson or a member, other than an ex officio member, shall be for a period of three years from the date of his appointment or nomination45(2) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member of the boardterm of office of, vacancies among, and allowances payable to, members of board(3) notwithstanding anything contained in this section, an outgoing member, other than an ex officio member, shall, unless the council otherwise directs, continue in office until another person is nominated as a member in his place or until the expiry of six months whichever is earlier5(4) the members of the board, other than an ex officio member, shall be entitled tosuch allowances, as may be provided by the statutesfilling of casual vacancy14 when a vacancy occurs in the office of the chairperson or member whether by reason of removal, resignation, death or otherwise, such vacancy shall be filled within a period of six months from the date of such vacancy in accordance with the provisions of section 1110resignation of members15 the chairperson or a member, other than an ex officio member, may, by notice in writing under his hand addressed to the central government, resign his office:15provided that the chairperson or a member, other than an ex officio member, shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of six months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliestsenate16 (1) the senate shall be the principal academic body of the institute, consisting of the following persons, namely:—20\| ( \| a \| ) the director \| - \| chairperson, \| ex officio \| ; \|\|--------------------------------------------------------\|-----\|----------------------------------------------------\|------------\|------------------\|--------------\|-----\|\| ( \| b \| ) the registrar \| - \| member, \| ex officio \| ; \|\| ( \| c \| ) all full time faculty at the level of professors \| \| \| \| \|\| appointed or recognized as such by the institute for \| \| \| \| \| \| \|\| the purpose of imparting instructions in the institute \| - \| members, \| ex officio \| ; \| \| \|25\| ( \| d \| ) three persons, not being employees of the \|\|---------------------------------------------------------\|-----\|-----------------------------------------------\|\| institute, to be nominated by the board in consultation \| \| \|\| with the director \| \| from amongst academicians of repute, \|\| one each from the fields of food science, management \| \| \|\| and food technology \| - \| members; and \|30\| \| \| ( \| e \| ) such other members of the staff as may be laid \|\|----------------------\|----\|----------\|------------\|----------------------------------------------------\|\| down in the statutes \| - \| members, \| ex officio \| \|(2) the term of office of a member nominated under clause (d) of sub-section (1) shall be two years from the date of his nomination(3) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member35functions of senate4017 subject to the provisions of this act, the statutes and the ordinances, the senate of an institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other functions as may be conferred on or assigned to it by the statutes18 (1) the chairperson shall ordinarily preside at the meetings of the board and at the convocations of the institutepowers and functions of chairperson(2) it shall be the duty of the chairperson to ensure that the decisions taken by the board are implemented45(3) the chairperson shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this act or the statutesdirector19 (1) the director shall be appointed by the board(2) the director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration of the institute and for imparting of instruction and maintenance of discipline therein5(3) the director shall submit annual reports and accounts to the board (4) the director shall exercise such other powers and perform such other functions asmay be conferred on or assigned to him by this act or the statutes or ordinancesregistrar1020 (1) the registrar of each institute shall be appointed on such terms and conditionsas may be laid down by the statutes and shall be the custodian of the records, common seal, funds of the institute and such other property of the institute as the board shall commit to his charge(2) the registrar shall act as the secretary of the board, the senate and such committees as may be specified by the statutes15(3) the registrar shall be responsible to the director for the proper discharge of his functions(4) the registrar shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this act or the statutes or by the director21 the powers and functions of other authorities and officers, other than those mentioned above, shall be such as may be determined by the statutesother authorities and officers20appointments22 all appointments of the staff of every institute shall be made in accordance withthe procedure laid down in the statutes, by—(a) the board, if the appointment is of the academic staff in the post of assistantprofessor or above or if the appointment is of the non-academic staff in any post which is above level 7 in the pay matrix; and(b) by the director, in any other case25statutes23 subject to the provisions of this act, the statutes may provide for all or any of thefollowing matters, namely:—(a) the conferment of honorary degrees; (b) the formation of departments of teaching;30(c) the fees to be charged for courses of study in the institute and for admissionto the examinations for degrees and diplomas of the institute;(d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the qualifications, classification, terms and conditions of service and methodof appointment to academic, administrative, technical and other posts;35(f) the constitution of pension, insurance and provident funds for the benefit ofthe officers, teachers and other staff of the institute;(g) the constitution, powers and functions of the authorities of the institute; (h) the establishment and maintenance of halls and hostels;40(i) the conditions for residence of students of the institute and charging of feesfor residence in the halls and hostels and other charges;(j) the manner of filling up the vacancies of members of the board; (k) the allowances to be paid to the chairperson and members of the board; (l) the authentication of the orders and decisions of the board;(m) the financial accountability of the institute; (n) the meetings of the board, the senate, or any committee, the quorum at such meetings and the procedure to be followed in the conduct of their business; and5(o) any other matter which, by this act, is required to be, or may be, specified by the statutesstatutes how made24 (1) the first statutes of each institute shall be framed by the council with the previous approval of the central government and a copy of the same shall be laid as soon as may be after they are made before each house of parliament10(2) the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter provided in this section(3) every new statute or addition to the statutes or any amendment or repeal of statute shall require the previous approval of the central government which may approve it or remit it to the board for consideration15(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been approved by the central governmentordinances25 subject to the provisions of this act and the statutes, the ordinances of the institute may provide for all or any of the following matters, namely:—(a) the admission of the students to the institute;20(b) the courses of study to be laid down for all degrees and diplomas of theinstitute;(c) the conditions under which students shall be admitted to the degree ordiploma courses and to the examinations of the institute, and shall be eligible for degrees and diplomas;25(d) the conditions of award of the fellowships, scholarships, exhibitions, medalsand prizes;(e) the conditions and mode of appointment and duties of examining bodies,examiners and moderators;(f) the conduct of examinations; (g) the maintenance of discipline among the students of the institute; and30(h) any other matter which, by this act or the statutes, is to be or may be provided for by the ordinancesordinances how made26 (1) save as otherwise provided in this section, the ordinances shall be made by the senate35(2) all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be after it is made, to the board and shall be considered by the board at its next meeting(3) the board shall have power by resolution to modify or cancel any ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be40tribunal of arbitration27 (1) any dispute arising out of a contract between the institute and any of itsemployees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee concerned, and an umpire appointed by the central government45(2) the decision of the tribunal of arbitration shall be final, and no suit shall lie in anycivil court in respect of the matters decided by the said tribunal:provided that nothing in this sub-section shall preclude the employee or the institute, as the case may be, from availing the judicial remedies available under articles 32 and 226 of the constitution(3) the tribunal of arbitration shall have power to regulate its own procedure5(4) nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section chapter iv the councilestablishment of council28 (1) with effect from such date as the central government may, by notification, specify in this behalf, there shall be established a central body to be called the council10(2) the council shall consist of the following members, namely:—\| \| \| ( \| a \| ) the minister in-charge of food processing \|\|---------------------------------------------------------------\|----\|-------------------------------------------------\|------------\|---------------------------------------------------\|\| industries, central government \| - \| chairperson, \| ex officio \| ; \|\| 15 \| \| \| \| \|\| ( \| b \| ) the minister of the state for food processing \| \| \|\| industries, central government \| - \| member, \| ex officio \| ; \|\| ( \| c \| ) chairperson, food safety and standards \| \| \|\| authority of india \| - \| member, \| ex officio \| ; \|\| 20 \| \| \| \| \|\| ( \| d \| ) \| \| the secretary to the government of india \|\| in-charge of the ministry or department of the central \| \| \| \| \|\| government dealing with finance \| - \| member, \| ex officio \| ; \|\| ( \| e \| ) \| \| the chief executive officer, national institution \|\| for transforming india \| - \| member, \| ex officio \| ; \|\| 25 \| \| \| \| \|\| ( \| f \| ) \| \| the secretary to the government of india \|\| in-charge of the ministry or department of the central \| \| \| \| \|\| government dealing with higher education \| - \| member, \| ex officio \| ; \|\| ( \| g \| ) \| \| three representatives of eminence from food \|\| processing industry to be nominated by the chairperson \| \| \| \| \|\| of the council \| - \| members; \| \| \|\| 30 \| \| \| \| \|\| ( \| h \| ) \| \| three eminent academicians known for their \|\| contribution in the field of food processing, to be nominated \| \| \| \| \|\| by the chairperson of the council \| - \| members; \| \| \|\| ( \| i \| ) the secretary to the government of india \| \| \|\| in-charge of the ministry of the central government \| \| \| \| \|\| dealing with food processing industries \| - \| member-secretary, \| \| \|\| ex officio \| \| \| \| \|\| 35 \| \| \| \| \|(3) the central government may, by order, designate one amongst the members as vice-chairperson to the council29 (1) save as otherwise provided in this section, the term of office of a member of the council, other than an ex officio member, shall be for a period of three years from the date of his nomination40(2) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a memberterm of office of, vacancies among, and allowances payable to members of council(3) the members of the council referred to in clauses (g) and (h) of sub-section (2) of section 28 shall hold office during the pleasure of the central government45(4) the vacancy of a member of the council, other than an ex officio member, shall be filled up in such manner as may be prescribed(5) the term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been so nominated5(6) notwithstanding anything contained in this section, an outgoing member, other than an ex officio member, shall, unless the central government otherwise directs, continue in office until another person is nominated as a member in his place or until the expiry of six months whichever is earlier(7) the members of the council, other than ex officio members, shall be paid such travelling and other allowances as may be provided by the statutes10(8) a member of the council other than an ex officio member may be removed from his office by the central government in such circumstances and manner as may be prescribedfunctions of council30 (1) it shall be the general function of the council to co-ordinate the activities of all the institutes and it shall facilitate the sharing of experiences, ideas and concerns with a view to enhance the performance of the institutes15(2) without prejudice to the provisions of sub-section (1), the council shall perform the following functions, namely:—(a) to lay down broader policy framework for the functioning of the institutes;20(b) to recommend to the central government, the institution of scholarshipsincluding for research and for the benefit of students belonging to the scheduled castes, the scheduled tribes and other socially and educationally backward classes of citizens;(c) to deliberate on such matters of common interest to institutes as may be referred to it by an institute;(d) to promote necessary coordination and co-operation in the working of the institutes;25(e) to review the achievement of policy objectives; and (f) to perform such other functions as may be prescribedmeetings of council31 the council shall meet at such time and place and follow such procedure in its meetings (including quorum at such meetings) as may be prescribed30 chapter v finance, accounts and auditgrants by central government3532 for the purpose of enabling the institutes to discharge their functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to each of the institute in each financial year such sums of money and in such manner as it may think fit33 (1) each institute shall maintain a fund to which shall be credited,—fund of institutes(a) all moneys provided by the central government; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations,benefactions, bequests or transfers; and(d) all money received by the institute in any other manner or from any othersource(2) all moneys credited to the fund of each institute shall be deposited in such banks or invested in such manner as the institute may, with the approval of the board, decide(3) the fund of each institute shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under this actaccounts and audit534 (1) each institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts including the balance sheet in such form and manner as may be prescribed by the central government in consultation with the comptroller and auditor-general of india10(2) the accounts of each institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india15(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of any institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor- general of india has in connection with the audit of the government accounts, and, in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute20(4) the accounts of each institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament in accordance with such procedure as may be laid down by the central government35 (1) each institute shall constitute for the benefit of its employees, including the director, in such manner and subject to such conditions as may be specified by the statutes, such pension, insurance and provident funds as it may deem fitpension, insurance and provident funds2519 of 1925(2) where the provident fund referred to in sub-section (1) has been constituted, the central government may declare that the provision of the provident funds act, 1925 shall apply to such fund as if it were a government provident fund chapter vi miscellaneous3036 no act of the council, or any institute, or board, or senate or any other committee set up under this act or the statutes shall be invalid merely by reason of—(a) any vacancy in, or defect in, the constitution thereof; oracts and proceedings not to be invalidated by vacancies, etc(b) any defect in the nomination or appointment of a person acting as member thereof; or35(c) any irregularity in its procedure not affecting the merits of the caseprotection of action taken in good faith37 no suit, prosecution or other legal proceeding shall lie against the chairperson or members of the board, senate or council or any officer or employee of the institute for anything which is in good faith done or intended to be done in pursuance of the provisions of this act, the statutes or the ordinances40power to make rules38 (1) the central government may, by notification, make rules to carry out theprovisions of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—\| ( \| a \| ) the manner of filling up the vacancy under sub-section ( \|\|---------------------------------------------\|-----\|----------------------------------------------------------------------------\|\| 45 \| \| \|\| ( \| b \| ) the circumstances and the manner in which a member of the council may be \|\| removed from his office under sub-section ( \| 8 \| ) of section 29; \|(c) the other functions of the council under clause (f) of sub-section (2) of section 30;(d) the time and place of meeting of the council, its quorum and the procedurefor conducting business therein under section 31;5(e) the form and manner in which the annual statement of accounts including thebalance sheet shall be prepared under sub-section (1) of section 34; and(f) any other matter which is required to be, or may be, prescribed39 (1) every rule, every statute and every ordinance made under this act shall be published in the official gazette10rules, statutes and ordinances to be published in official gazette and to be laid before parliament15(2) every rule, every statute and every ordinance made under this act shall be laid, assoon as may be, after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, statute or ordinance or both houses agree that the rule, statute or ordinance should not be made, the rule, statute or ordinance shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, statute or ordinance20power to remove difficulties40 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to it to be necessary or expedient for removing the difficulty:25provided that no order shall be made under this section after the expiry of three years from the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament41 notwithstanding anything contained in this act,—transitional provisions30(a) the board of governors of an institute functioning as such immediatelybefore the commencement of this act shall continue to function until a new board is constituted for that institute under this act, but on the constitution of a new board under this act, the members of the existing board holding office before such constitution shall cease to hold office;35(b) until the first statutes and ordinances are made under this act, the statutes and ordinances of the existing institutes, as in force immediately before the commencement of this act, shall continue to apply to the corresponding institutes in so far as they are not inconsistent with the provisions of this act the schedule\| [ \| see \| section 4] \|\|---------------------------------\|---------------------------------------\|----------------------------------------\|\| sl no \| name of existing institute \| name of corresponding institute \|\| (1) \| (2) \| (3) \|\| 1 \| national institute of food technology \| national institute of food technology, \|\| entrepreneurship and management \| entrepreneurship and management, \| \|\| (niftem) kundli, haryana \| kundli, haryana \| \|\| 2 \| indian institute of food processing \| national institute of food technology, \|\| technology (iifpt) thanjavur, \| entrepreneurship and management, \| \|\| tamil nadu \| thanjavur, tamil nadu \| \| statement of object and reasonspresently, the national institute of food technology, entrepreneurship and management, kundli, state of haryana and the indian institute of food processing technology, thanjavur, state of tamil nadu are societies registered under the societies registration act, 1860 these institutions are separate autonomous bodies exclusively on food processing sector aimed at developing best human resource with an objective of addressing the diverse needs and providing solutions to the challenges faced by stakeholders of the sector including farmers2 the present legislation, namely the national institutes of food technology, entrepreneurship and management bill, 2019 proposes to confer the status of national importance upon the aforesaid institutes this would enable the institutes to exercise the functional autonomy to start new innovative courses and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches3 the bill, inter alia, provides for the following, namely:—(i) on and from the date of commencement of this legislation, each of the existing institute of food technology, entrepreneurship and management being a society shall be declared as an institution of national importance and all the rights and liabilities of the society shall be transferred to the councils of respective institutes(ii) the authorities of institutes are the board of governors, the senate and such other authorities as may be declared by the statutes;(iii) the board of governors of each institute shall be the principal executive body of that institute and shall consist of a chairperson, from amongst eminent persons distinguished in the field of food industry, two representatives distinguished in the food processing industry to be nominated by the central government as members and certain ex officio members;(iv) to co-ordinate the activities of all institutes, there shall be established a central body to be called the council which shall consist of a chairperson, vice- chairperson, three representatives of eminence from food processing industry and three eminent academicians as members and certain ex officio members the minister of food processing industry, central government shall be the chairperson of the council 4 the notes on clauses explain in detail the various provisions contained in the bill 5 the bill seeks to achieve the above objectivesnew delhi;harsimrat kaur badalthe 11th february, 2019 notes on clausesclause 1—this clause provides for the short title and commencement of the proposed legislationclause 2—this clause provides for declaration of certain institutes as institutions of national importanceclause 3—this clause defines various terms and expressions used in the proposed legislationclause 4—this clause provides for incorporation of institutes clause 5—this clause provides for effects of incorporation of institutes such as any reference to an existing institute shall be deemed as a reference to the corresponding institute, all properties, movable and immovable, of existing institute shall vest in the corresponding institute, all rights and liabilities of an existing institute shall be transferred to, and be the rights and liabilities of the corresponding instituteclause 6—this clause provides for powers and functions of institutes this clause further provides that an institute shall not dispose of in any manner any immovable property without the prior approval of the central governmentclause 7—this clause provides for institutes to be open to all races, creed and classes this clause further provides that no bequest, donation or transfer of any property shall be accepted by any institute this clause also provides that the admission to every academic course or programme of the study in each institute shall be based on merit, assessed through transparent and reasonable criteriaclause 8—this clause provides that institutes to be not-for-profit legal entity this clause further provides that each institute shall strive to raise funds for self-sufficiency and sustainabilityclause 9—this clause provides for teaching at institutes in accordance with the statutes and ordinances made in this behalfclause 10—this clause provides for authorities of institute, namely a board of governors, a senate and such other authorities as may be declared by the statutes to be the authorities of the instituteclause 11—this clause provides that board of governors of each institute shall be the principal executive body of that institute this clause further provides for composition of the board of governorsclause 12—this clause provides that powers and function of board this clause further provides that board shall be responsible for the general superintendence, direction and control of the affairs of the institute this clause also provides that the board shall conduct an annual review of the performance of the director, in the context of the achievements of the objects of the instituteclause 13—this clause provides for term of office of, vacancies among, and allowances payable to, members of boardclause 14—this clause provides for filling of causal vacancy of chairpersons or members within a period of six months from the date of such vacancyclause 15—this clause provides that chairperson or a member may, by notice in writing resign his officeclause 16—this clause provides for senate, as the principal academic body of the institute, consisting of the director as chairperson and other specified membersclause 17—this clause provides for functions of senate that it shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute this clause further provides that senate shall exercise such other powers and performs such other functions as may be conferred on or assigned to it by the statutesclause 18—this clause provides for powers and functions of chairperson this clause further provides that chairperson shall ensure that the decisions taken by the board are implementedclause 19—this clause provides that director shall be appointed by the board this clause further provides that director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration of the institute this clause also provides that director shall submit annual reports and account to the boardclause 20—this clause provides that registrar of each institute shall be appointed and shall be custodian of records, common seal, funds and properties of the institute this clause further provides that registrar shall act as the secretary of the board, the senate and such committees as may be specified by the statutes this clause also provides that registrar shall be responsible to the directorclause 21—this clause provides for powers and functions of other authorities and officers, as may be determined by the statutesclause 22—this clause provides for appointments of the staffs by the board and by the directors, as the case may beclause 23—this clause provides that statutes may provide for the conferment of honorary degrees, formation of departments of teaching, fees to be charged for course of study, qualification and terms and conditions of service and method of appointment etcclause 24—this clause provides that first statute shall be framed by the council with the prior approval of the central government and that copy of the same will be laid before each house of parliament this clause further provides that board may make new or additional statutes with the approval of central governmentclause 25—this clause provides for ordinances of the institute, which may provide for matters such as admission of the students, the course of study, conditions of award of fellowships, scholarships, conduct of examination, maintenances of discipline among the students etcclause 26—this clause provides that ordinances shall be made by the senate this clause further provides that board shall have power by resolution to modify or cancel any ordinanceclause 27—this clause provides for tribunal of arbitration this clause further provides that tribunal of arbitration shall have power to regulate its own procedureclause 28—this clause provides for establishment of council this clause further provides for composition of the councilclause 29—this clause provides for term of office of, vacancies among, and allowances payable to, members of councilclause 30—this clause provides for functions of council namely to coordinate the activities of all the institutes and to facilitate the sharing of experiences, ideas and concerns with a view to enhance the performance of the instituteclause 31—this clause provides for meetings council clause 32—this clause provides for grants by central government after due appropriation made by parliament by law in this behalfclause 33—this clause provides for maintenance of funds by the institute, which shall be credited with all moneys provided by central government, all fees and other charges received, and any other money received by the institute and shall be used for meeting expenses of the instituteclause 34—this clause provides for maintenance of proper accounts and audit by the comptroller and auditor-general of india this clause further provides that accounts of each institute as certified by the comptroller and auditor-general of india together with the audit report thereon shall be laid before each house of parliament by the central governmentclause 35—this clause provides for constitution of pension, insurance and provident funds for the benefit of its employees by the instituteclause 36—this clause provides for acts and proceedings not to be invalidated by vacancies etcclause 37—this clause provides for protection of action taken in good faith clause 38—this clause provides for power of the central government to make rules etcclause 39—this clause provides for publication of the rules, statutes and ordinances in the official gazette and to be laid before parliamentclause 40—this clause provides that if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removing the difficulty this clause further provides that such order shall be laid before each house of parliamentclause 41—this clause provides for transitional provisions that the board of governors of the institute functioning immediately before the commencement of this act shall continue to function until a new board is constituted for that institute under this act this clause further provides that until the first statutes and ordinances are made under this act, the statues and ordinances of the existing institutes, as in force immediately before the commencement of this act, shall continue to apply to the corresponding institute in so far as they are no inconsistent with the provisions of this act financial memorandumdeclaring both the existing institutes as institutions of national importance would not involve any additional financial implications memorandum regarding delegated legislationclause 23 of the bill empowers the board, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner provided in clause 242 clause 26 of the bill empowers the senate to frame the ordinances 3 sub-clause (1) of clause 38 of the bill empowers the central government to make rules to carry out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include— (a) the manner of filling up the vacancy under sub-section (4) of section 29; (b) the circumstances and the manner in which a member of the council may be removed from his office under sub-section (8) of section 29; (c) the other functions of the council under clause (f) of sub-section (2) of section 30; (d) the time and place of meeting of the council, its quorum and the procedure for conducting business therein under section 31; (e) the form and manner in which the annual statement of accounts including the balance sheet shall be prepared under sub-section (1) of section 34; and (f) any other matter which is required to be, or may be, prescribed4 clause 40 of the bill empowers the central government to issue an order in a case, if any difficulty arises in giving effect to the provisions of the act5 the matters in respect of which the aforementioned statutes, ordinances and rules may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of the legislative power is, therefore, of a normal character———— abillto declare certain institutions of food technology, entrepreneurship and management to be the institutions of national importance and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches and for matters connected therewith or incidental thereto————(smt harsimrat kaur badal, minister of food processing industries)mgipmrnd—3853rs(s3)—12022019	Parliament_bills	d9211297-f529-51c3-b9f7-5822125e5e16
bill no 47 of 2006 the immoral traffic (prevention) amendment bill, 2006 a billfurther to amend the immoral traffic (prevention) act, 1956 and the prevention money-laundering act, 2002be it enacted by parliament in the fifty-seventh year of the republic of india as follows:— chapter i preliminary chapter ii amendment to the immoral traffic (prevention) act, 1956amendment of section 2104 of 1956510amendment of section 315amendment of section 4202 in section 2 of the immoral traffic (prevention) act, 1956 (hereinafter referred to as the principal act),—(i) in clause (aa), for the words "sixteen years", the words "eighteen years" shall be substituted;(ii) clauses (ca) and (cb) shall be omitted;(iii) in clause (f), after the words "for commercial purposes", the words "or for consideration in money or in any other kind" shall be inserted3 in section 3 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—"(1) any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than two years and which may extend to three years and also with fine which may extend to ten thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which shall not be less than three years and which may extend to seven years and shall also be liable to fine which may extend to two lakh rupees"4 in section 4 of the principal act, in sub-section (1),the words "or a minor to" shall be omittedamendment of section 5255 in section 5 of the princpal act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely:—"provided that if the person in respect of whom an offence committed under this subsection, is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life"6 after section 5 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 5a, 5b and 5c trafficking in persons3035punishment for trafficking in persons4045punishment for visiting a brothel "5a whoever recruits, transports, transfers, harbours, or receives a person for the purpose of prostitution by means of,—(a) threat or use of force or coercion, abduction, fraud, deception; or (b) abuse of power or a position of vulnerability; or(c) giving or receiving of payments or benefits to achieve the consent of such person having control over another person, commits the offence of trafficking in personsexplanation—where any person recruits, transports, transfers, harbours or receives a person for the purposes of prostitution, such person shall, until the contrary is proved, be presumed to have recruited, transported, transferred, harboured or received the person with the intent that the person shall be used for the purpose of prostitution5b (1) any person who commits trafficking in persons shall be punishable on first conviction with rigorous imprisonment for a term which shall not be less than seven years and in the event of a second or subsequent conviction with imprisonment for life(2) any person who attempts to commit, or abets trafficking in persons shall also be deemed to have committed such trafficking in persons and shall be punishable with the punishment hereinbefore described5c any person who visits or is found in a brothel for the purpose of sexual exploitation of any victim of trafficking in persons shall on first conviction be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twenty thousand rupees or with both and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to fifty thousand rupees"7 in section 6 of the principal act,—amendment of section 6(i) in sub-section (1), in clause (b), after the words "liable to fine", the words"which may extend to one lakh rupees" shall be inserted;5(ii) in sub-section (2a), the words "or minor" occurring at both the places shallbe omittedamendment of section 78 in section 7 of the principal act, in sub-section (1a) and in the proviso to subsection (2), the words "or minor" shall be omitted9 section 8 of the principal act shall be omitted 10 in section 10a of the principal act, in sub-section (1),—\| omission \|\|------------------------------------------------------------------\|\| section 8 \|\| amendment of \|\| section 10a \|\| ( \|\| i \|\| ) in clause ( \|\| a \|\| ), the words and figure "or section 8" shall be omitted; \|\| 10 \|\| ( \|\| ii \|\| ) in clause ( \|\| b \|\| ), for the words "five years", the words "seven years" shall be \|\| substituted \|\| 11 \|\| in section 13 of the principal act,— \|\| amendment of \|\| section 13 \|\| 15 \|\| ( \|\| i \|\| ) in sub-section ( \|\| 2 \|\| ), for the words "an inspector", the words "a sub-inspector" \|\| shall be substituted; \|(ii) in sub-section (3), in clause (b), for the word "may", the word "shall" shall be substituted12 after section 13 of the principal act, the following sections shall be inserted, namely:—\| insertion \|\|--------------------------------------------------------------------------------\|\| new sections \|\| 13a and 13b \|\| 20 \|\| "13a ( \|\| 1 \|\| ) \|\| the central government may constitute an authority for the purposes \|\| of effectively preventing and combating the offence of trafficking in persons \|\| constitution \|\| of central \|\| authority \|\| ( \|\| 2 \|\| ) \|\| the members of the authority shall be appointed by the central government \|\| and shall be of such number and chosen in such manner as may be prescribed \|(3) the chairperson of the authority shall be one of the members appointed under sub-section (2) to be nominated by the central government25(4) the term of office of the members of the authority, the manner of fillingvacancies among and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed13b (1) the state government may constitute an authority for the purposes ofeffectively preventing and combating the offence of trafficking in persons30constitution of state authority(2) the members of the authority shall be appointed by the state governmentand shall be of such number and chosen in such manner as may be prescribed(3) the chairperson of the authority shall be one of the members appointedunder sub-section (2) to be nominated by the state government35(4) the term of office of the members of the authority, the manner of fillingvacancies among and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed"amendment of section 1713 in section 17 of the principal act, in sub-section (3), in the first proviso, the words"or minor" occurring at both the places shall be omitted40amendment of section 1814 in section 18 of the principal act, in sub-section (1), in clause (b), the words "orminor" shall be omitted15 section 20 of the principal act shall be omitted\| omission \|\|-------------\|\| section 20 \|16 section 22 of the principal act shall be re-numbered as sub-section (1) thereof and,—amendment of section 22(i) in sub-section (1) as so re-numbered, for the words and figures "section 5, section 6, section 7 or section 8", the words, figures and letters "section 5, section 5b, section 5c, section 6 or section 7" shall be substituted;5(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:—2 of 1974"(2) notwithstanding anything contained in the code of criminal procedure, 1973, the trial of the proceedings under this act shall be conducted in camera''1017 in section 23 of the principal act, in sub-section (2),—amendment of section 23(a) in clause (g),in sub-clause (xii), the words and figure "or section 8" shall be omitted;(b) after clause (g), the following clauses shall be inserted, namely:—15"(ga) number of the members of the authority and the manner in which such members shall be chosen for appointment under sub-section (2) of section13b;(gb) the term of office of the members of the authority and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members under sub-section (4) of section 13b;"2018 after section 23 of the principal act, the following section shall be inserted, namely:—insertion of new section23a power to make rules "23a (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act25(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for,—(a) the number of the members of the authority and the manner in which such members shall be chosen for appointment under sub-section (2) of section 13a;30(b) the term of office of the members of the authority, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members under sub-section (4) of section 13a35 40(3) every rule made by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule"amendment of theschedule19 in the schedule to the principal act, the figures and words "20 district magistrate, sub-divisional magistrate or any executive magistrate specially empowered by the state government" shall be omitted chapter iii amendment to the prevention of money-laundering act, 200220 in the prevention of money-laundering act, 2002, in the schedule,—amendment of schedule to act 15 of 20035(i) in part a, after paragraph 2, the following paragraph shall be inserted, namely:— "paragraph 3 offences under the immoral traffic (prevention) act, 1956\| section \| description of offence \|\|-----------\|---------------------------\|\| 5a \| trafficking in persons"; \|10104 of 1956 104 of 1956(ii) in part b, in paragraph 4 relating to offences under the immoraltraffic (prevention) act, 1956, section 8 and the entry relating thereto shall be omitted statement of objects and reasonsthe immoral traffic (prevention) act, 1956 (hereinafter referred to as act) was initially enacted as "the suppression of immoral traffic in women and girls act, 1956" in pursuance of the international convention for the suppression of the traffic in persons and of the exploitation of the prostitution of others signed at new york on 9th may, 1950 it was amended firstly in 1978 to make good some inadequacies in the implementation of the act, and secondly in the year 1986 comprehensively, with a view to widen the scope of the act to cover all persons, whether male or female, who are exploited sexually for commercial purposes despite the above amendments, the said act could not achieve its purpose representations have been received from state governments and voluntary organisations working with the victims of the trafficking, at several national and international fora, that the implementation of the act is hampered by the existence of certain provisions of the act, such as sections 8 and 20, which are the most commonly invoked provisions for any enforcement being done under the act these provisions are directed towards prosecution of the trafficked persons and result in further victimising the victim it is represented that instead of prosecuting the trafficker under sections 3, 4, 5 and 6 of the act, most prosecutions take place under section 8 of the act thus, with a view to focus on traffickers and to provide for stringent punishment it is proposed to amend the actthe salient features of the proposed bill are as follows:(i) amendment of the definition of "child" provided in section 2(aa) so as to raise the age of child from sixteen years to eighteen years;(ii) omission of the word, ''minor'' and ''major'' wherever they occur in the act; (iii) amendment of section 3 so as to enhance the punishment for a person who keeps or manages or acts or assists in keeping or management of a brothel; (iv) insertion of new section 5a to define the offence of "trafficking in persons"on the lines of international protocol to prevent, suppress and punish trafficking in persons section 5b is being proposed to be inserted to provide punishment for the offence under section 5a and section 5c is also being inserted to provide for punishment for visiting a brothel by any person;(v) amendment of section 6 with a view to enhance the punishment provided for the offence of detaining a person in the premises where prostitution is carried on;(vi) omission of section 8 which at present provide for punishment for seducing or soliciting for the purpose of prostitution;(vii) amendment of section 10a so as to enhance the term of detention in a corrective institution from 5 years to 7 years;(viii) amendment of section 13(2) so as to give the powers of special police officer under the act to the sub-inspector of police in the place of inspector of police;(ix) insertion of a new section 13a so as to empower the central government to constitute an authority for the purpose of effectively preventing and combating the offence of trafficking in persons the appointment of the chairperson and members of the said central authority shall be made by the central government in accordance with such rules as may be prescribed; (x) insertion of a new section 13b so as to empower the state government to constitute a state authority for the purpose of effectively preventing and combating the offence of trafficking in persons the appointment of the chairperson and members of the said authority shall be made by the respective state governments in accordance with such rules as may be prescribed;(xi) omission of section 20 which relates to the removal of a prostitute from any place;(xii) amendment of section 22 so as to make provision for in camera proceedings to protect the privacy and dignity of the victims;(xiii) amendment of the schedule to the prevention of money-laundering act,2002 with a view to make applicable the provisions of the prevention of money- laundering act, 2002 regarding confiscation of property to the persons involved in the offence of trafficking in persons from the schedule of the prevention of money laundering act, 2002 the entry relating to section 8 of the immoral traffic (prevention) act is being omitted which is of consequential nature 2 the bill seeks to achieve the above said objectsnew delhi;renuka chowdhurythe 11th may, 2006 financial memorandumclause 12 of the bill seeks to insert new sections 13a and 13b in the act sub-section(1) of the proposed section 13a provides for the constitution of a central authority for the purpose of effectively preventing and combating the offence of trafficking in persons the authority shall consist of chairperson and members to be appointed by the central government the term of office of the members of the authority and the manner of filling of vacancies and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribedit is estimated that the bill, when enacted, will involve expenditure on salary per year of rs 269 crore and on other infrastructure expenditure of rs 080 crore per year memorandum regarding delegated legislationclause 12 of the bill seeks to insert two new sections 13a and 13b in the act subsection (1) of the proposed section 13a empowers the central government to constitute an authority for the purposes of effectively preventing trafficking in persons sub-sections (2) and (4) of the said section empower the central government to make rules to provide for the number of members of the authority, the manner in which such member shall be chosen, term of office of members, the manner of filling vacancies among and the procedure to be followed in discharge of their functions by the members2 sub-section (1) of section 13b of the bill provides for constitution of a state authority for the purpose of effectively preventing and combating the offence of trafficking in persons sub-sections (2) and (4) of the said section empower the state government to make rules to provide for the number of members of the authority, the manner in which such member shall be chosen, term of office of members, the manner of filling vacancies among and the procedure to be followed in discharge of their functions by the members3 clause 18 of the bill provides that the rules made under the proposed legislation are required to be laid before each house of parliament the rules made by the state government shall be laid before the state legislature4 the matters in respect of which rules may be made are matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the immoral traffic (prevention) act, 1956 (104 of 1956) [10] m cdefinitions2 in this act, unless the context otherwise requires,— [10] m c(aa) "child" means a person who has not completed the age of sixteen years; [10] m c(ca) "major" means a person who has completed the age of eighteen years;(cb) "minor" means a person who has completed the age of sixteen years but has not completed the age of eighteen years; [10] m c(f) "prostitution" means the sexual exploitation or abuse of persons for commercial purposes, and the expression "prostitute" shall be construed accordingly; [10] m cpunishment for keeping a brothel or allowing premises to be used as a brothel3 (1) any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees [10] m cpunishment for living on the earnings of prostitution4 (1) any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years [10] m c5 (1) any person who—(a) procures or attempts to procure a person, whether with or without his consent, for the purpose of prostitution; or procuring, inducing or taking person for the sake of prostitution(b) induces a person to go from any place, with the intent that he may, for the purpose of prostitution, become the inmate of or frequent, a brothel; or(c) takes or attempts to take a person or causes a person to be taken, from one place to another with a view to his carrying or being brought up to carry on prostitution; or(d) causes or induces a person to carry on prostitution;shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years:provided that if the person in respect of whom an offence committed under this subsection,—(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years6 (1) any person who detains any other person, whether with or without his consent,—(a) in any brothel, or detaining a person in premises where prostitution is carried on(b) in or upon any premises with intent that such person may have sexual intercourse with a person who is not the spouse of such person, shall be punishable on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine:provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years (2a) where a child or minor found in a brothel, is, on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes7 (1) prostitution in or in the vicinity of public places(1a) where an offence committed under sub-section (1) is in respect of a child or minor, the person committing the offence shall be punishable with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine:provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years(2) any person who—(a) being the keeper of any public place knowingly permits prostitution for purposes of their trade to resort to or remain in such place; or(b) being the tenant, lessee, occupier or person in charge of any premises referred to in sub-section (1) knowingly permits the same of any part thereof to be used for prostitution; or(c) being the owner, lessor or landlord, of any premises referred to in sub-section(1) of the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof may be used for prostitution, or is wilfully a party to such use, shall be punishable on first conviction with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and also with fine which may extend to two hundred rupees, and if the public place or premises happens to be a hotel, the licence for carrying on the business of such hotel under any law for the time being in force shall also be liable to be suspended for a period of not less than three months but which may extend to one year:provided that if an offence committed under this sub-section is in respect of a child or minor in a hotel, such licence shall also be liable to be cancelled54 of 1980explanation— for the purposes of this sub-section, "hotel" shall have the meaning as in clause (6) of section 2 of the hotel-receipts tax act, 1980 8 whoever, in any public place or within sight of, and in such manner as to be seen or heard from, any public place, whether from within any building or house or not—seducing or soliciting for purpose of prostitution(a) by words, gestures, wilful exposure of her person (whether by sitting by a window or on the balcony of a building or house or in any other way), or otherwise tempts or endeavours to tempt, or attracts or endeavours to attract the attention of, any person for the purpose of prostitution; or(b) solicits or molests any person, or loiters or acts in such manner as to cause obstruction or annoyance to persons residing nearby or passing by such public place or to offend against public decency, for the purpose of prostitution, shall be punishable on first conviction with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the event of a second or subsequent conviction, with imprisonment for a term which may extend to one year, and also with fine which may extend to five hundred rupees:provided that where an offence under this section is committed by a man, he shall be punishable with imprisonment for a period of not less than seven days but which may extend to three months 10a (1) where—detention in a corrective institution(a) a female offender is found guilty of an offence under section 7 or section 8;and(b) the character, state of health and mental condition of the offender and the other circumstances of the case are such that it is expedient that she should be subject to detention for such term and such instruction and discipline as are conducive to her correction, it shall be lawful for the court to pass, in liew of a sentence of imprisonment, an order for detention in a corrective institution for such term, not being less than two years and not being more than five years, as the court thinks fit:provided that before passing such an order—20 of 1958(i) the court shall give an opportunity to the offender to be heard and shall also consider any representation which the offender may make to the court as to the suitability of the case for treatment in such an institution, as also the report of the probation officer appointed under the probation of offenders act, 1958; and(ii) the court shall record that it is satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to benefit by such instruction and discipline as aforesaid 13 (1) (2) the special police officer shall not be below the rank of an inspector of policespecial police officer and advisory body(3) for the efficient discharge of his functions in relation to offences under this act— (b) the state government may associate with the special police officer a nonofficial advisory body consisting of not more than five leading social welfare workers of that area (including women social welfare workers wherever practicable) to advise him on question of general importance regarding the working of this act 17 (1) (3) the magistrate may, while an inquiry is made into a case under sub-section (2), pass such order as he deems proper for the safe custody of the person:intermediate custody of persons removed under section 15 or rescued under section 16provided that where a person rescued under section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognized under any children act for the time being in force in any state for the safe custody of children:provided further that, no person shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no person shall be kept in the custody of a person likely to have a harmful influence over him\| closure \| of \|\|---------------\|------\|\| brothel \| and \|\| eviction \| of \|\| offences from \| \|\| the premises \| \|18 (1) a magistrate may, on receipt of information from the police or otherwise, that any house, room, place or any portion thereof within a distance of two hundred meters of any public place referred to in sub-section (1) of section 7, is being run or used as a brothel by any person or is being used by prostitutes for carrying on their trade, issue notice on the owner, lessor or landlord of such house, room, place or portion or the agent of the owner, lessor or landlord or on the tenant, lessee, occupier of, or any other person in charge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice why the same should not be attached for improper user thereof; and if, after hearing the person concerned, the magistrate is satisfied that the house, room, place or portion is being used as a brothel or for carrying on prostitution, then the magistrate may pass orders—(a)directing eviction of the occupier within seven days of the passing of the order from the house, room, place or portion;(b) directing that before letting it out during the period of one year, or in a case where a child or minor has been found in such house, room, place or portion during a search under section 15, during the period of three years, immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate:provided that, if the magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein removal of prostitute from any place20 (1) magistrate on receiving information that any person residing in or frequenting any place within the local limits of his jurisdiction is a prostitute, may record the substance of the information received and issue a notice to such person requiring him to appear before the magistrate and show cause why he should not be required to remove himself from the place and be prohibited from re-entering it(2) every notice issued under sub-section (1) shall be accompanied by a copy of the record aforesaid, and the copy shall be served along with the notice on the person against whom the notice is issued(3) the magistrate shall, after the service of the notice referred to in sub-section (2), proceed to inquire into the truth of the information received, and after giving the person an opportunity of adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him that such person is a prostitute and that it is necessary in the interests of the general public that such person should be required to remove himself therefrom and be prohibited from re-entering the same, the magistrate shall, by order in writing communicated to the person in the manner specified therein, require him after a date (to be specified in the order) which shall not be less than seven days from the date of the order, to remove himself from the place to such place whether within or without the local limits of his jurisdiction, by such route or routes and within such time as may be specified in the order and also prohibit him from re-entering the place without the permission in writing of the magistrate having jurisdiction over such place(4) whoever—(a) fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting him from re-entering a place without permission is in force, re-enters the place without such permission, or(b) knowing that any person has, under this section, been required to remove himself from the place and has not obtained the requisite permission to re-enter it, harbours or conceals such person in the place, shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing offence with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the offence\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|trials22 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under section 3, section 4, section 5, section 6, section 7 or section 8\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|23 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for— (g) (i) the establishment, maintenance, management and superintendance of protective homes and corrective institutions under section 21 and the appointment, powers and duties of persons employed in such homes or institutions; (xii) the transfer to a protective home or corrective institution of persons sentenced under section 7 or section 8 and the period of their detention in such home or institution; the schedule [see section 2(c)]section magistrate competent to exercise the powers 20district magistrate, sub-divisional magistrate or any executive magistratespecially empowered by the state government the schedule[see section 2(y)] part b paragraph 4 offences under the immoral traffic (prevention) act, 1956\| section \| description of offence \|\|-----------\|------------------------------------------------------------------\|\| 5 \| procuring, inducing or taking person for the sake of prostition \|\| 6 \| detaining a person in premises where prostitution is carried on \|\| 8 \| seducing or soliciting for purpose of prostitution \|\| 9 \| seduction of person in custody \|—————abillfurther to amend the immoral traffic (prevention) act, 1956 and the prevention money-laundering act, 2002————(smt renuka chowdhury, minister of state (independent charge) ministry of women & child development)mgipmrnd—640ls—17052006	Parliament_bills	077e1c88-edd7-57ac-8345-de25cb17fe96
bill no 72 of 2008 the commission of sati (prevention) amendment bill, 2008 byshri l rajagopal, mpa billfurther to amend the commission of sati (prevention) act, 1987be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the commission of sati (prevention) amendment act,20085(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 23 of 19882 in section 2 of the commission of sati (prevention) act, 1987 (hereinafter referred toas the principal act), in clause (e), after the words 'constructed or made', the words "on or after the 16th day of august, 1947" shall be insertedamendment of section 3103 in section 3 of the principal act, for the words "six months or with fine or with both",the words, "five years or fine which may extend to two lakh rupees or with both" shall be substituted4 in section 4 of the principal act,—amendment of section 4(i) in clause (1), for the words "shall also be liable to fine", the words, "shall alsobe liable to fine which shall not be less than five lakh rupees" shall be substituted;(ii) in clause (2), for the words "shall also be liable to fine", the words, "shallalso be liable to fine which shall not be less than two lakh rupees" shall be substituted55 for section 5 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 5punishment for glorification of sati"5 whoever does any act for the glorification of sati shall be punishable withimprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees"10amendment of section 6156 in section 6 of the principal act, in clause (3), for the words "imprisonment for a termwhich shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees", the words "imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees" shall be substitutedamendment of section 77 in section 7 of the principal act, in clause (1), for the words "in existence for not lessthan twenty years", the words, "in existence from or after the 16th day of august, 1947" shall be substituted statement of objects and reasonssati or the burning or burying alive of a widow or a woman is revolting to the feelings of human nature and is nowhere enjoined in any of the religions of india as an imperative duty it is necessary to take effective measures to prevent the commission of sati and its glorification as it is no less a deplorable act and, justifiably, a heinous crime against women there is a feeling among people that the practice of sati is another tool to oppress women it is ridiculous that such a burden is placed only on the women whose existence is considered meaningless after the death of her husbandparliament has enacted the commission of sati (prevention) act, 1987, with a view to provide for more effective prevention of the commission of sati and its glorification in the country in spite of enactment of this legislation, incidents of sati are reported from various parts of the country, particularly northern india the incident of sati in the year of 2005 at bahundari village in the state of uttar pradesh where an old woman was forced to commit sati come to light and evoked sharp reaction from all sections of the society other incidents have also taken place after this but many of them are not coming to light due to various reasons the conviction rate in offences under the commission of sati (prevention) act, 1987 is very low the punishment which can be awarded to culprits under the act is not deterrentin view of this and to eliminate the barbaric custom of consigning a vibrant life to the flames of a funeral pyre in the country, the bill is proposed to make the provisions in the existing legislation more stringent so that it works as deterrent to those who commit sati or involve in the abetment of sati or glorify sati in the countrythe bill seeks to achieve the above objectivesnew delhi;october 20, 2008l rajagopal annexure extract from the commission of sati (prevention) act, 1987 (no 3 of 1988)\| \| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|------\|-----\| part i preliminarydefinitions2 (a) (b) (c) (d) (e) "temple" includes any building or other structure, whether roofed or not, constructed or made to preserve the memory of a person in respect of whom sati has been committed or used or intended to be used for the carrying on of any form of worship or for the observance of any ceremony in connection with such commissionattempt to commit sati3 notwithstanding anything contained in the indian penal code (45 of 1860), whoeverattempts to commit sati and does any act towards such commission shall be punishable withimprisonment for a term which may extend to one year or with fine or with both:provided that the special court trying an offence under this section shall, before convicting any person, take into consideration the circumstances leading to the commission of the offence, the act committed, the state of mind of the person charged of the offence at the time of the commission of the act and all other relevant factorsabetment ofsati4 (1) notwithstanding anything contained in the indian penal code (45 of 1860), ifany person commits sati, whoever abets the commission of such sati, either directly orindirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine(2) if any person attempts to commit sati, whoever abets such attempt, either directly or indirectly, shall be punishable with imprisonment for life and shall also be liable to fineexplanation—for the purposes of this section, any of the following acts or the like shall also be deemed to be an abetment, namely:—(a) any inducement to a widow or woman to get her burnt or buried alive along with the body of her deceased husband or with any other relative or with any article, object or thing associated with the husband or such relative, irrespective of whether she is in a fit state of mind or is labouring under a state of intoxication or stupefaction or other cause impeding the exercise of her free will;(b) making a widow or woman believe that the commission of sati would result in some spiritual benefit to her or her deceased husband or relative or the general well being of the family;(c) encouraging a widow or woman to remain fixed in her resolve to commit sati and thus instigating her to commit sati;(d) participating in any procession in connection with the commission of sati or aiding the widow or woman in her decision to commit sati by taking her along with the body of her deceased husband or relative to the cremation or burial ground;(e) being present at the place where sati is committed as an active participant to such commission or to any ceremony connected with it;(f) preventing or obstructing the widow or woman from saving herself from being burnt or buried alive;(g) obstructing, or interfering with, the police in the discharge of its duties of taking any steps to prevent the commission of satipunishment for glorification of sati5 whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees part iii power of collector or district magistrate to prevent offences relating to sati6 (1) power to prohibit certain acts(2)(3) whoever contravenes any order made under sub-section (1) or sub-section (2)shall, if such contravention is not punishable under any other provision of this act, be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupeespower to remove certain temples or other structures7 (1) the state government may, if it is satisfied that in that any temple or other structure which has been in existence for not less than twenty years, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of or to preserve the memory of, any person in respect of whom sati has been committed, by order, direct the removal of such temple or other structure lok sabha———— a billfurther to amend the commission of sati (prevention) act, 1987————(shri l rajagopal, mp)gmgipmrnd—3951ls(s5)—22-11-2008	Parliament_bills	82dcf54f-f4c2-5090-ae1f-d876d064eab8
bill, 1963 arrangement of clauses party pdldcnary1 short title and commencement 2 definitions and interpretation partn3 legillative assemblies for union territories and their cem position 4 qualification for membership of legislative assembly 5~ duration of legislative assemblies 8 sessions of legislative assembly, prorogation and dtssoiu· tion 7 speaker and deputy speaker of legislative assembly 8 speaker or deputy speaker not to preside while a resolution for his removal from oftlce ia under consideration 9 right of administrator to address and send messages w lejislative ~ly 10 rights of the administrator and ministers as reipeets leglj-iative assembly 11 oath or affirmation by members 13, voting in" auembly, power of al8embly to act notwith-8tandidi vaeancles and quorum 13 vuon of at& 14 disquawlcationa for membership 1& penalty for bitting and votinj before making oath or afbrmation or when not qualifted or when disquawled 18 powers, privileges, etc, of members it salaries and allowances of members 18 extent of legislative power 19 exemption of property of the union from taxation 20 restrictions on laws pasaed by legislative assembly with respect to certain matters 21 inconsistency between lawi made by parliament and lawl made by legislative assembly 22 sanction of the adminiatrator requjrecl for oertaiil jegialative proposals 21 special provisions as to ftnandal bllla 2t procedure u to lapatd' eifbillj 25 allent to billa 28 requirements u to sanction and recommendations to be regarded" u matters of procedure only 27 annual ftnancial statement 28 procedure in legislative allembly w:1tii respect to mumates ~~ appj:opriation billa 30 supplementary, additional or excels grants 31 votaoll account 32 authorlsatlon of expenditure pending its sanction by legillatlve assembly 33 rules of procedure at oftletal langua,e or languages of union tenltory and language or languases to be uaecl in lepjiittft ~bly l1wreef 35 language to be used for acts, bula, etc - h restriction on discuuiod in the lelillauve auemwy 3t courts not to inquire into proceeclinp of legislative auem bl)' (' partmdaimltation or consiitodcii8 38 deftnitiodi 39 asaembly eonstituej'lcies 40 repreaentation of pondicherry in the houle of the people 41 dutlet of delimitation commission 42 auoeiate members 43 procedure u to del1m1tation part iv cotnfcil of mdnsti:rs44 council of minister • 45 other provisions as to ministers 48 conduct of business part vmisc:aialaous and tralfsmonal paovisiors 47 consolidated fund of the union territory 48 contingency fund of the union territory g audit reports so relation of administrator and his ministers to president 51 provision in case of failure of constitutional machinery 52 special proviaion for hill area of manipur 53 provisions for election to parliament from goa, daman and diu, and pondicherry m provisions as to provisional leg1slative assemblies of en-tain union territories 55 contracts and suits 58 power of president to remove cwilcultiel 57 amendment of certain enactment& 58 repeal and savings the first schedule the second schedule lok sabracorbigenda to the government of union ter~itories bill, 1963 (to be/as introduced in lok sabha) - 1 page 5, in the marginal heading to clause 12,-!2!: "powe if read "power" 2 page 21, in the marginal heading to clause 50,-for "minister " read "ministers" 3 page 27, line 25,-for "license" read "licence" 4 page 27, line 26,-for "inconsistnt" read "inconsistent" 5 page 29, line 15,-for "mide" read "made" pto 6 page 30, line 2,-for "from" read "form" 7 page 31, line 37,-" it , after "the total" insert 8 page 4~, line 16,-for "39524" read 1f39524" -9 correct line numbers on pages 1, 3, __ 4, - 5~-6-f 30 31 and 32 new delhi, february 20, ,1963 phalguna 1, 1884 (saka~ bill to promde for legtrlative aljembliea and couftcils of minilter for certain union t'erritorie and for certain other matter, be it enacted by parliament in the fourteenth year of the republic of india as follows:- part i prei,iminary5 1 (1) this act may be called the government of union territo- shott title ria act, 1963 and commedtcmcnt (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint: provided that ,different dates may be appoillted for different provi-10 slons of this act and for different union territories and any reference in any such provision to the commencement of this act shall be donstrued as a reference to the coming into force of that provision, 2 (1) in this act, unless the context otherwise requires,-deftnitiodi and idter-(a) cladministrator" means the administrator of a union pfttatioa f 1, territory; (b) clarticle" means an article of the constitution; (c) "assembly constituency" means a constituency provided under this act for the purpose of elections to the legislatwe asiembly of a unjon territory; (d) "election commission" means the electton,commilsion appointed by the president under article 324; (e) "judicial commissioner" includes an additional judicial commissioner; (f) "scheduled castes" in relation to a union territory mean - such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes in relation to that union territory; (g) "scheduled tribes" in relation to a union territory mean such tribes or tribal communities or parts of or groups within 10 such tribes or tribal communities as are deemed under article 342 to be scheduled tribes in relation to that union tenitory; (h) "union territcry" means any of the union territories of himachal pradesh, manipur, trlpura, goa, damaa and diu, and pondicherry 15 (2) any reference in this act to laws made by parliament iha1l be construed as including a reference to ordinances promulgated by the president under article 123 and a referece to rellllationa made by the president under article 240 part ii20 legislative assemblieslcsi~lative 3 (1) there shall be - legislative assembly for f!~h unloa terri-assemblies t for union ory territories le as and their (2) the tctal number of seats in the gislative sembly of a cof;dpotition union territory to be filled by persons chosen ,by atz:ect election:a5 shall be forty in the case of the union tenitory of himachal pradesh and thirty in the case of any other union territory (3) the central government may ~ominate not more than two persons, not being persons in the service of government, to be members of the legislative assembly of a union territory 30 (4) seats shall be reserved for the scheduled cades iathe legislative assembly of each of the union territories of himachal pradesh and pondicherry (5) the number of seats to be reserved for the scheduled castes in the legislative assembly of any union territory under sub-lec- 3' tion (4) shall bear, as nelu'ly as may be, the same proportion to the total number of seats in the assembly to be filled by persons chosen by direct election as the population of the scheduled castes in the union territory bears to the total population of that union territory: provided that the determidation of the number of eats reserved for the scheduled castes as aforesaid shall not aftect the compwlitlon of the then existhlg assembly untn the dilbolution ·of that assembly " a person shall not be qualified to be chosen to fill a seat in the fiouawlcatiod or mem-, legislative assembly of a union territory unless hebersbil? of lel!sla-(4) is a citizen of india and makes and subscribes before tive assemlome person authorised in that behalf by the election commis- bjy sion an oath or affirmation according to the form set out for the purpose in the first schedule; 10 (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law s the legislative assembly of a union territory, unless sooner duration of is dissolved, shan continue for five years from the date appointed for ~~~~~lj~: its first meeting and no longer, and the expiration of the said period of five years shah operate as a dissoluticn of the assembly: provided that the said period may, while a prockimation of emergency issued under clause (1) of article 352 is in operation, be extended by the president by order for a period not exceeding one year at ao a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate • (1) the admidistrator shall, from time to time, summon the sess!o" • of legislative assembly to meet at such time and place as he thinks fit, ~~;!b\;~ bat liz months shall not intervene between its last sitting in one prodrodpti~? d the firs ·· an isio",-seaton an date appointed for its t sitting in the next session tion :as (2) the administrator may, from time to time,-(4) prorogue the assembly; (b) dissolve the assembly , (1) every legislative assembly shall, as soon as may be, choose speaker and 30 two members of the assembly to be respectively speaker and de- deputy puty speaker thereof and, so often as the office of speaker or deputy ~:~~:: speaker becomes vaeant, the anembly shall choose another member a&sembly to be speabr or deputy speaker, as the case may be (2) a member holding office as speaker or deputy speaker of an aslembly--35 (4) shall vacate hw oftlce if he ceases to be a member of the ~bl3r (b) may at any time by writing under his hand addrelsed, if such member is the speaker, to the deputy speaker, and if web member 1& the deputy speaker, to the speaker, resign b1j oftlce; (c) may be removed from his oftlce by a resolution of the s assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: 10 provided further that whenever the assembly is dissolved, the speaker shan not vacate his office until immediately before the first meeting of the assembly after the dissolution (3) while the office of speaker is vacant, the duties of the oftlce shall be performed by the deputy speaker or, if the office of deputy is speaker is also vacant, by such member of the assembly as may be determined by the rules of procedure of the assembly (4) during the ebsence of the speaker from any sitting of the assembly, the deputy speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, 20 if no such person is present, such other person as may be determined by the assembly, shall act as speaker (5) there shall be paid to the speaker and the dl'pnty speaker of the legislative assembly such salaries and adowanees as may be respectively fixed by the iegislative assembly of the 1tnlnn territory 25 by law and, nntll provision in that behalf is 10 made sueh salaries and allowances as the administrator may, with the approval of the president, by order determlae speaker or 8 (1) at any sitting of the legislative assembly, while any reso-~;!k?r not lution for the removal of the speaker from his office is under con- 30 to elreide _hi c reso- sideration, the speaker, or while any resolution for the removal of lution for the deputy speaker from his office is under consideration, the deputy his removal speaker, shan not, though he is present, preside and the provisions from ofticc h is under of sub-section (4) of section 7 shall apply in relation to every sue ':onsidcralitting as they apply in relation to a sitting from which the speaker 3s lion b or, as the cue may be, the deputy speaker is a sent - (2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly whlle any resolution for his remowl from oface 1s under eonsideration in the assejbly and shall, notwithstanding anything in section 12, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes s 9 (1) the administrator may address the legislative assembly rightor and may for that pm-pose require the attendtance of members adininiltrator to (2) the administrator may also send messages to the assembly adddre8sesand sen m •• -whether with respect to a bill then pending in the assembly or ~ , t • otherwise, and when a message is so sent, the assembly shall with ~:i;e 10 all convenient dispatch consider any matter required by the message to be baken into consideration 10 the administrator and every minister shall have the right to rights o~ speak in, and otherwise to take part in the proceedings of, the ::to~d=" legislative assembly of the union territory, and to speak in, and ministen ii is otherwise to take part in the proceedings of, any committee of the l::=ve legislative assembly of which he may be named a member, but assembly shall not by virtue of this section be entitled to vote 11 every member of the legislative assembly of a union terri- oath or, tory shall, before taking his seat, make and subscribe before the ad- ~~::~l:~ 20 ministrator, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the first schedule 12 (1) save as otherwise provided in this act, all questions voting in at any sitting of the legislative assembly of a union territory shall ~:n:riy, 25 be determined by a majority of votes of the members present and assembly: to h act not wlthvoting other than the speaker or person acting as sue staoding viqiiices (2) the speaker or ,person acting as such shall not vote in the first and quoru;n instance but shall have and exercise a casting vote in the case of an equality of votes (3) the legislative assembly of a union territory shall have 30 power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislative assembly of a union territory shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled 1i0 to do, sat or 3s voted or otherwise took part in the proceedings (4) the quorum to constitute a meeting of the legislative assembly of a union territory shall be ten members or one-third of the total number of members of the assembly, whichever is greater , 2631 (b) ls-2 - (s) if at any time during a meeting of the legislati~e assembiy of a union territory there is no quorum, it shall be the duty of the speaker, or person acting as such, either to adjourn the assembly or to suspend the meeting until there is a quorum v_ion of seats 13 (1) no person shall be a member both of parliament and of s the legislative assembly of a union territory and if a person is chosen a member both of parliament and of such assembly, then, at the expiration of such period as may be specified in the rules made by the president, that person's seat in parliament shall become vacant, unless he has previously resigned his seat in the legislative assembly 10 of the union territory (2) if a member of the legislative assembly of a union terrltory~ (a) becomes subject to any disqualification mentioned in section 14 for membership of the assembly, or is (b) resigns his seat by writing under his hand addressed to the speaker, his seat shall thereupon become vacant (3) if for a period of sixty days a member of the legislative assembly of a union territory is without permission of the assem- 20 bly absent from all meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days, no account shall be taken of any period during which the assembly is prorogued or is adjourned for more than four consecutive days 2s disquali-14 (1) a person shall be disqualified for being chosen as, and for fications for being, a member of the legislative assembly of a union territorymember-ibip (a) if he holds any office of profit under the government of india or the gdvernment of any state or the government of any union territory, other than an office declared by law made 30 'by parliament or by the legislative assembly of the union territory not to disqualify its holder; or (b) if he is for the time being disqualified for being chosen as and for being, a member of either house of parliament under - the provisions of sub-clause (b), sub-clause (c) or sub-clause 35 (d), of clause (1) of article 102 or of any law made in pursuance of that article ,(2) for the purposes of this s~ction, a person hall not be deemed to hold an office of profit under the government of india or the government of any state or the government of any union territory by reason only that he is a minister either for the union or for such s state or union territory~ (3) if any question arises as to whether a member of the legislative assembly of a union territory has become disqualified for being such a member under the provisions of sub-section (1), the question shall be referred for the decision of the president and his 10 decision shall be final (4) before giving any decision on any such question, the president shall obtain the opinion of the election commission and shall act according to such opinion 15 if a person sits or votes as a member of the legislative assem- ~ty,':[ is bly of a union territory before he has complied with the require- ~~=d ments of section 11 or when he knows that he is not qualified or =~c oath that he is disqualified for memlbership thereof, he shall be liable in or ~respect of each day on which he! so sits or votes to a penalty of five ~~ ~~ali:: hundred rupees to be recovered as a debt due to the union or w'tcn disqualified 20 16 (1) subject to the provisions of this act and to the rules and powr8• standing orders regulating the procedure of the legislative assem- ::~:l :rs, bly, there shail be freedom of speech in the legislative assembly of mcmben every union territory: (2) no member of the legislative assembly of a union territory 2s shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of such assembly of any report,paper, votes or proceedings 30 (3) in other respects, the powers, privileges and immunities of the legislative assembly of a union territory and of the members and the committees thereof shall be such as are for the time being enjoyed by the house of the people and its members and committees (4) the provisions of sub-sections (1), (2) and (3) shall apply 35 in relation to persons who by virtue of this act have the right to speak in, and otherwise to take part in the proceedings of, the legis- - lative assembly of a union territory or any committee thereof as they apply in relation to memhe:rs of that asiembly ~:~:f 17 members of the legislative assembly of a union territory members shall be entitled to receive ~ut:h salaries and allowanepos ~5 may from time to time be determined hy the legislative assembly of the union territory by law and, until provision in that ltehalf is so made, such salaries and allowances as the administrator may, with the approva~ s of the president, by order determine eztentof lqislative power 18 (1) subject to the provisions of this act, the legislative assemhly of a union territory may make laws for the whole or any part of the union territory with respect to any of the matters enumerated in the state list or in the concurrent list in so far as 10 any such matter is applicable in relation to union territories (2) !nothing in sub-section (1) shall derogate from the powers conferred on parliament by the constitution to make laws with res· pect to any matter for a union territory or any part thereof ~ption 19 the property of the union shall, save in so far as parliament is off=~d may by law otherwise providc', be exempted from all taxes imposed [{om taaby or under any law made by the legislative assembly of a union od territory or by or under any other law in force in a union territory : provided that nothing in this section shall, until parliament by law otherwise provides, prevent any authority within a union terri- 20 tory from levying any tax on any property of the union to which such property was immediately before the commencement of the constitution liable or treated as liable, so long as that tax continues to be levied in that union territory zoo the provisions of article 286, article 287 and article 288 shall zs apply in relation to any law passed by the legislative assembly of a union territory with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the legislature of a state with respect to those matters restrictions on laws passed by le&islative assembly with respect to certain matters inconsisten-21 if any provision of a law made by the legislative assembly 30 f!w~:'d: of a union territory is repugnant to any provision of a law made by by parlia-parliament, then, the law made by parliament, whether passed =t~e 'before or after the law made by the legislative assembly of the '!y ubisla-union territory, shall prevail and the law made by the legislative ~l;' asacm- assembly of the union territory shall, to the extent of the repug- 3s nancy, be void - explanation-for the purposes of this section, the expression "law made by parliament" shall not include any law which provides for the extension to the union territory of any law in force in any other part of the territory of india or any law made before the commencement of this act, in relation to any matter with respect to which the legislative assembly of the union territory has power to make laws s 22 nobill or amendment shall be introduced into, or moved in, sanction of the legislative assembly of a union territory without the previous the adminls-- trator resanction of the administrator, if such bill or amendment makes qui red for provision with respect to any of the following matters, namely: _ cclatrtain lesia-, ive proposals (a) constitution and organisation of the court of the judicial 10 commissioner; , (b) jurisdiction and powers of the court of the judicial commissioner with respect to any of the matters in the state list or in the concurrent list 23 (1) a bill or amendment shall not be introduced into, or special pro-is moved in, the legislative assembly of a union territory except on ~~ions~sto the recommendation of the administrator, if such bill or amend- b~~ ment makes provision for any of the following matters, namely:-(a) the imposition, ~bolition, remission, alteration or regulation of any tax; 20 (b) the amendment of the law with respect to any financial obligations underlaken or to be undertaken by the government of the union territory; (e) the appropriation of moneys out of the consolidated fund of the union territory;' 25 (d) the declaring of any expenditure to be expenditure charged on the consolidated fund of the union territory or the increasing of the amount of any such expenditure: (e) the receipt of money on account of the consolidated fund of the union territory or the custody or issue of such 30 money: provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax (2) a bill or amendment shall not ·be deemed to make provision 3s for any of the matters aforesaid by reason only that it provides for - - - the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the imposition, abolition, remission: alteration or regulation of any tax by any local authority or body for local purp()ses (3) a bill whieh, if enacted and brought into operation, would involve expenditure from the consolidated fund of a union territory shall not 'be passed by th~ legislative assembly of the union territory unless the administrator has recommended to that assembly the consideration of the bill:, 10 procedure -to~sina of bids 14 (1) a bill pending in the legislative assembly of a union territory shall not lapse by reason of the prorogation of the assembly (2) a bill which is pending in the legislative assembly of a union territory shall lapse on a dissolution of the a~sembly assent to bioi z5 (1) when a bill has been passed by the legislative assembly is of a union territory, it shall be presented to the administrator and the administrator shall reserve the bill' for the consideration of the president (2) when a bill is reserved by an administrator for the consideration of the president, the president shall declare either that he 20 assents to the bill or that he withholds assent therefrom: provided that the president may direct the administrator to return the bill to the legislative assembly together with a message requesting that the assembly will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirabi- 25 lity of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the assemblvshl'lll rpconsider it accordingly within a period of six months from the date of receipt of such messa~e and, if it is a~ain passed bv the assemblv with or without amendment, it shall be presented again to the presl- 30 dent for his consideration requ're-z6 no act of the le,nslative assemblv of a union territory, and :::;o~8 ~ no provision in any such act, shall be invalid by reason only that recollullcdda- some previous sanction or recommendation required by this act was tions to be h a b th pr 'd t reprded not given, if assent to t at ct wa,s given y e est en 3s marten of procedure' odly annual financial ltatement 27 (1) the administrator of each union territory shall in respect of every financial year cause to be laid before the legislative asc;em-"bly of the union territory, with the previous approval of the president, a statement of the estimated receipts and expenditure of the union terraory for that year, in this part referred to as the i'annual financial statement", , (2) the estimates of expenditure embodied in the annual financial statement shall show separately-5 (a) the sums required to meet expenditure described by this act as expenditure charged upon the consolidated fund of the union territory, and (b) the sums required to meet other expenditure proposed to be made from the consolidated fund of the union territory; 10 and shall distinguish expenditure on revenue account from other expenditure: i (3) the following expenditure shall be expenditure charged on the consolidated fund of each union territory:-(a) the emoluments and allowances of the administrator is and other expenditure relating to his oflice as determined by the president by general or special order; (b) the charges payable in respect of loans advanced to the union territory from the consolidated fund of india including interest, sinking fund charges and redemption charges, and other 20 expenditure connected therewith; (c) the salaries and allowances of the speaker and the deputy speaker of the legislative assembly; (d) expenditure in respect of the salaries and allowances of a judicial commissioner;' 25 (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (f) expenditure incurred :by the administrator in the discharge of his special responsibility; 30 (g) any other expenditure declared by the constitution or by law made by parliament or by the legislative assembly of the union territory to be so charged 28 (1) so much of the estimates as relates to expenditure charg- proc:ed~re in ed upon the consolidated fund of a union territory shall not be sub- ~~i;e mitted to the vote of the legislative assembly of a union territory, with ~pect 35 but nothing in this bulb-section shall be construed as preventing the 10 estimata discussion in the legislative assembly of any of those estimates ( (2) so much of the said estimates as relates to otbt=r expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein 5 (3) no demand for a grant shall be made except on the recommendation of the administrator approp'riatiod bius 29 (1) as soon as may be after the grants under section 28 have been made by the assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the union 10 territory of all moneys required to meet-(a) the grants so made by the assembly, and (b) the expenditure charged on the consolidated fund of the union territory but not exceeding in any case the amount shown in the statement previously laid before the assembly 15 (2) no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of the union territory and the decision of the person presiding 20 as to whether an amendment is inadmis;iblc under this sub-section shall be final (3) subject to the other provision~ of this act, no money shall be withdrawn from the consolidated fund of the union territory except under appropriation made by law passed in accordance with the 25 provisions of this section 30 (1) the administrator shall-supplemed-tary [dditio08lor cehirad'~ (a) if the amount authorised by any law made in accordance with the provisions of section 29 to be expended for a particular service for the current financial year is found to be insufficient 30 for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (b) if any money has been spent on any service during a 35 financial year in excess of the amount granted for that sei'vlce and for that year, - cause to be laid before the legislative assembly of the union territory, with the previous approval of the president, another statement showing the estimated amount of that expenditure or ~ause to be presented to the legislative assembly of the union territory with such previous approval a demand for such excess, as the case may be $ (2) the provisions of sections 27, 28 and 29 shall have effect in relation to any such statement and expenditure or demand and· also to any law to be made auth:jrising the appropriation of moneys out of the consolidated fund of the union territory to meet such expenditure or the grant in respect of such demand as they have effect in 10 relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the union territory to meet such expenditure or grant 31 (1) notwithstanding anything in the foregoing provisions of votes od is this part, the legislative assembly of a union territory shall have accowlt power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 28 for the voting of such grant and the passing of the law in accordance with the provisions of bec-20 tion 29 in relation to that expenditure and the legislative assembly shall have power to authorise by law the withdrawal of moneys from the consolidated fund of the union territory for the purposes for which the said grant is made (2) the provisions of sections 28 and 29 shall have effect in rela-2s tion to the making of any grant under sub-section (1) or to any law to be made under that sub-section as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund 30 of the union territory to meet such expenditure 32 notwithstanding anything in the foregoing provisions of thi!j ~tho:islpart, the administrator may authorise such expenditure from the ~:d~tu:· consolidated fund of the union territory as he deems necessary for pend~dllb'ts h· thbe" ihhd thsldctlony a period of not more t an six mon s ginning w t t e ate of e leaislativc 3s constitution of the consolidated fund of the union territory, pending assembly the sanction of such expenditure by the legislative assembly of the union territory 2831 (b) ~ ~\: ,~ • ;: - - ilules of procedure 33 (1) the legislative assembly of a union territory 'may jmke ntles for regulating, subject to the provisions of this act, its pl'0c8-4ure aha the conduct of its business: provided that the administrator shall after consultation with the speaker of the legislative assembly and with the approval of the , prestc1ent, make rules-(4) for securing the timely completion of financial 'buaineilll; (b) for regulating the procedure of, and the conduct of business in, the legislative assembly in relation to any 'finalld1il 'matter or to any bill for the appropriation ofmoneyllout of • 10 consoudated pund of the union territory c(t) 'until 'rules are made under sub-section (1), the rules ·of, ,procedure and standing orders with respect to the legislative assembly ot the state of uttar pradesh in force immediately before the commencement of this act ,in any union territory shall have effect in is nia:tion to the legislative assembly of that union territory subject to':suchmodifications and adaptations 'as may be made therein by the administrator ofilcfll 14 notwithstanding anything in part xvn of the constituuon ~es but 'subject to the provisions of article 348-ao ~t~~,n (a) the legislative assembly of a 'union terrttory may 'by :cs ja~: law adopt any one or more o~ the languages in use in 'the union to be u:?rn territory or hmdi as the official language or languages to be'um!c! ~~:; for all or any of the official purposes of the union territory: tbchof provided that so long as the legislative assembly of the 2s union territory of pondicherry does not decide othetwtse, 'the french languago! shall continue to be used as an o'ftlebu'language of that union territory for the same omcial p~s for which it was being used in that territory immediately'befctre the commencement of this act: provided further that the president may by order direct-(i) that the official language of the union shall be adopted for such of the official purposes of theunioh territory as may be specified in the order; (it) that any other language shallo8llo ,be ildopted 35 throughout the union territory· or such·part ·thereof for -such of 'the ofbclal purposes of the union territory as may be specified in the order, if the president is satiatied ·that - iubst\mtial proportion of the population of the union terzi tory desires the use of that other language for all or any of such pl1rpomlj; - (b) the, busin~ in the legislative assembly of a udiqn 5 terr~tory shall be transacted in the official language or lapguages of the union tel'j;1tory or in hindi or in english: ~ovi~ed that the speaker of the legislative ass~iilbly or ~rson acting as sucl:l, as the case may be, may permit any ~ber who cannot adequately express himself in any of tl;le languages aforesaid to address the assembly in his mother-tongue 10 ~ :t\~~\'!f)t~tandiilg anything contained in section 34, until par- laquaf ~ liament by law ~therwise ~l'ovides, the authoritative texts;-t~:ifilt: (a) of all bills to be introduced or amendments thereto to etc ~ moved: in the legislative assembly of a union territory, (~) of all a,cts passed by the legislative assembly of a union territory, and (c) of all orders, rules, regulations and bye-laws issued under any, law ioade by the leiislative assembly of a union territot;y, a1aall be in th,e english language: 20 fl'ovided that where the legislative assembly of a union territoty ~ pr,escr~bed any language other than the english language for use in bills introduced in, or acts passed by, the legislative assembly of the union territory or in any order, rule, regulation or b,e-ia\,v ij&ued under any law made by the legialative assembl,y of 2s t~ unioa telrritoi'j!' , a tj;aq~tion of tht;! same in the en&lish l~guage published under the ~1i-~hority of the ~strat9r w ~ official gazette shall be deemed to be the authoritative text thereof in tlut~ili~~ ~~~ 31 no, _usiirion sl1~l t~e place in the legislative ~mbly of •• tric:doa 30 a union territory with respect to the conduct of any judicial com- i:tt~= ~9'wf qr o~ ~y j~e o~ t~e &¥reme court or of a high court ~~blj i~ \he 9~p'l!o{g~ of his d~ties 3~ (1) the validity of any proceedings in the legislative asiiem- co~s !w' biy of a union territory shall not be called in question on the ground !:t~d:::" 35 of any alleged irregularity of procedure dlei~slof 81s atm (2) no qftlcer or member of the' legislative assembly of a union asscmbl, ten1~ory in wp~m pow~ are vested by or under this act for regulatinit t>roc~ure or the conduct of business, or for maintaining order in the legislative assembly shall be subject to the jurisdiction of' any -40 court in respect of the exercise by him of those powel'l partin delimitation of cons'rituenciesdcftditiodl 38 in this part, unless the context otherwise requires,-(a) "associate member" means a member associated with the delimitation commission under section 42; s (b) "delimitation commission" means the delimitation commission constituted under section 3 of the delimitation commission act, 1962; 61 of i96a (c) "latest census figures" mean the census figures in a union territory ascertained at the latest census of which the 10 finally published figures are available; (d) "parliamentary constituency" means a constituency provided by law for the purpose of elections to the house of the people from a union territory including the union territory of delhi is assembly coduituedcies 39 for the purpose of elections to the legislative assembly of a union territory, the union territory shall be divided into singlemember assembly constituencies in accordance with the provisions of this part in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the 20 union territory 41, (1) it shall be the duty of the delimitation commillion-re rescd-40 there shall be allotted one seat to the union territory of tatrod of poddicherry in the bouse of the people and that union territory pondicherry _l_11 f ham tary t'tuenc id the house orm ode pn en cods i y oftbe people duties of delimitation commi •• lodo (a) to delimit the nssembly constituencies in each union territory, and (b) to determine, on the basis of the latest census figures, the number of seats to be reserved for tlle scheduled castes in the legislative assembly of himachal pradesh, and in the letrislative 30 assembly of pondicherry, and the constituencies in which thetle seats shall be so reser,'cd, (2) it shall also be the duty of the delimitation commluion-<a) to readjust, on the basis of the latest censu'i figures, the division of each of the rnion territories of delh;, hb!lachal pra- 3s desh, manipur and tripura mto parliamentary constituencies, the total n1lldber thel'f'of remaininc the same; (b)\ to determine the constituency in which the seat shall be reserved for the scheduled castes or for the scberluled tribes, as the case may be; and (c) to divide the union territory of goa, daruan and diu into two single-member parliamentary constituencies 42 (1) for the purpose of assisting tbe delimitation commjssion associate in its duties,' the delimitation commisn shall associate with it- members self,- 10 (a) in respect of the union territory of delhi, all the members of the house of the peopie representing that union territory; (b) in respect of each of the union territories of himachal pradesh, manipur and tripura, all the members of the house pf the people representing that union territory and three members of the legislative assembly of that union territory to be nominated by the speaker of the assembly from among the members thereof; (c) in respect of the union territory of goa, daman and diu, the two members of the house of the people representing that uniog territory; (d) in respect of the union territory of pondicherry, three members of the legislative assembly of that union territory to be nominated by the speaker of the assembly &om among the members thereof 25 (2) the nomination of members of the several legislative assemblies under sub-section (1) shall be made by the respective speakers thereof as soon as practicable and shall be communicated to the delimitation commission (3) if owing to death or resignation the office of an associate 30 member falls vacant, it shall be filled as soon as practicable under and in accordance with the foregoing provisions of this section (4) none of the associate members shall have the right to vote or to' sign any decision of the delimitation commission 61 of 1963 43 the provisions of sections 7, 9, 10 and 11 of the delimitation procedurea' 3s commission act, 1962, shall apply, as far as may be, in relation to t~ delimitathe delimitation of parliamentary and assembly constituencies under tiod this part as they apply in relation to the delimitation of parlia! mentary and assembly constituencies under that act couoc:ilo£ midhten 44 (1) t~e shau be a coudcl1 01 nini""'4 ia union territory with the cbief minister at tbe h-d tajt,itl ,111, the administrator in the exercise of his functions in relation to matte1'l witk rqil'- to wju,:h ute legislati,ve __ ~ fid , ~ twi- s to~ hm powe~ ~ ip8ke lawa beep' ~ sq 1m ~blor under th:s act to act in his discretion ~r by or udder any exercise any judicial or quasi-judicial fudc:tioaa: ~ovided that, in case of difference of opinion between the administrator and his ministers on any matter, the adminisvator shall 10 reiet ~t to the presuient for decision and ~t 8«:corqwa tqtim\ decision g;iven thereon by the presiclent, add peodiri ~ 4tri_,~,flhall be competent for the administrator illad3 c w;har~ tm-~ is 10 his opinion so urgent that it is necelnlary ~o~ ~ ~ t~ wji:ne- i diate action, to take such action or to &v~ sju:tl <»r~ we, the s matter as he deems necessary (z) the mministrator shall, when he is preseat, pllellide at meet-~ ot the cowlcil of ministers, and, when tlie admi,,tja»r not present, the chief minister or, if he is also not pre8itil$, qther minister as may be detennined by the rules iiliil~ ~d~}; s1itrsection :ao (1) of section 46, shall preside at meetin~s of tbe co1,jrc,ij (3) in the exercise of his functions the administrator ~ each of t~e union territories of himachal pradesh, mantpur and tripura shall have special responsibility for the security of the border and ~ fof' that purpose he may issue such direc lions and take such mea-sufes- as he may think necessary (4) if and in so far as any special responsi"~, gfllae 4eip trator is involved under this act, he shall in the exercise of ala fureuons, aet in his discretion (5) 11 any question arises as to whether any iiulu is or· is 0ila matter as respects which the administrator is by; or under tllis ~ct required to' act in his discretion, the decision of the adminisvator thereon shall de final: provided that in case of any difference of opinion between th~ u administrator and the minister on such question it shall ~ r~~rre4' for the decision of the president and his de<$ion th~reon shllll b\' tinal ~) af a!1, questiollarises ·as to whether any matter is oris not aat1er napects whieh the administrator is required by 'any :law , m imy jugioial 'or quasi-judicial functions, the decision of !the mlnldrlstntor thereon shall be final ! (7) the question whether any, and if so what, advice was tendered by ministers to the administrator shall not be inquired into in anyeourt g (1) the chief minister shall be appointed by the president and other provithe other ministers shall be appointed by the president on the advice m8i~d~ ~ to ro-af tilechief mm •• er idis en (;) "pre ministers shall -hold office during the pleasure of the prestdat (3) tae council of ministers shall be collectively responsible to ·the legisl~ive assembly of the union territory is 0(4) beforea minister enters upon his office the administrator shall administer to him the oaths of office and of secrecy accordin~ to the forms set out for the purpose in the first schedule t(3) a minister who for any period of six consecutive months is not a member of the lpgislative assembly of the unionterrito1'7l' 20 shall at the expiration of that period cease to be a minister • 'ftae willes 'liiid atlowrft~es'of ministers shall bp such as the ttv1a , 'of the union territory may from time·to tiim ,~ ' dile, am8 1iiitil the legislative asmmlbly so detennb'm shall be detennined by the administrator with tile -approval of the 25 president - (1) ~e ,pr-eaicient shall make rules-'omduct·ot 'business (a) for the allocation of business to the ministers; and c(~ , the more eomrenient transac!tion ·of business with the mmtst~1's ;hre1u6tng the 'procedure to be adopted in the c8!fe 'df 30 a diftenmce lof optmon ·between the administratdr and the council of ministers or a minister (f) '!lave lis dther'w"be pro'\l'ided in this act, all exeeutive aetion - tit 'the mministrator,whether taken on the advice of his ministers "or dehetwise, 'sruin 'be expressed to be taken in the name of tbe ad-35 ministrator i (3) orders and other instruments made and executed in the name of the administrator shall be authenticated in such manner as may be specified in rules to be made by the administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument 5 made or executed by the administrator part v miscellaneous and transmonal provisionscodlolidated 47 (1) as from such date as the central government may, by fi:do:f the notification in the official gazette, appoint in this behalf, all revenues 10 territory received in a union territory by the government of india or th~ administrator of the union tflrritory in relation to any matter with reaped to which the legislative assembly of the union territory has power to make laws and all grants made and all loans advanced to the union territnry from the consolidated fund of india and all is moneys received by the union territory in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of the union territory" (2) no moneys out of the consolidated fund of a union territory shall be appropriated except in accordance with, and for the purposes 20 and in the manner provided in, this act (3) the custody of the consolidated fund of a union territory, the payment of moneys into 9uch fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the administrator with 25 the approval of the president codtinlency 48 (1) there shall be established a contingency fund in the fw:-d of tile nature of an imprest to be entitled "the contingency fund of the ~::~:ry union territory" into which shall be paid from and out of the consolidated fund of the union territory such sums as may, from time to 30 time; be determined by law made by the legislative assembly of the union territory; and the said fund shall be held by the administrator to enabie advances to be made by him out of such fund (2) no advances shall be made out of the contingency fund of the - union territory except for the purposes of meeting unforeseen ex- 35 penditure pending authorisation of such expenditure by the legislative assembly of the union territory under appropriations made by law , - (3) the administrator may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the contingeney fund of the union territory s 4 • the reports of the comptroller and auditorgener81 of india ~~~~i relating to the accounts of a union territory for any period subsequent to the date referred to in sub-section (1) of section 47 shall be submitted to the administrator who shall cause them to be laid before the legislative assembly of the union territory 10 so notwithstanding anything in this act, the administrator and rel~iod of his council of ministers shall be under the general control of, and ~~r:is~comply with such particular directions, if any, as may from time to mid!stcr, lo t· be' b th p id t prc>1dcnt ime given y, e res en 51 if the president, on receipt of a report from the administrator provi~ion in is of a union territory or otherwise, is satisfiedr:ii~! of con~titution(a) that a situation has arisen in which the administration of a1 machinthe union territory cannot be carried on in accordance with the cry provisions of this act, or (b) that for the proper administration of the union territory 20 it is necessary or expedient so to do, the president may, by order, suspend the operation of all or any of the provisions of this act for such period' as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the union territory 25 in accordance with the provisions of article 239 52 (1)' there shall be a standing committee of the legislative sp~ial pro-assembly; of the union territory of manipur consisting of all the hufijeo: of members of the legislative assembly who for the time being rep- manipur resent the constituencies situated in the hill areas of that territory: 30 provided that the chief minister and the speaker shall not be members of the standing committee (2) the president may by notification determine the area which shall be regarded as the hill areas of manipur and specify the constituencies situated in the hill areas 35 (3) every minister shall have the right to speak in, and other wise take part in the proceedings of, the standing commfttee, but - shall not, by virtue of such right, be entitled to vote at any meeting of the committee if he is dot a member thereof 2831 (b) ls-f - - (4) the following matters in so far as they relate to the hill areas of manipur shall be within the purview of the standing committee to the extent and in the manner provided by this section, namely:-(a) the allotment, occupation, or use, or the setting apart of land (other than any; land which is a reserved forest) for the 5 purposes of agriculture or grazing or for residential or other nod-agricultural purposea or for any other purpose likely to promote the interests of the inhabitants of any village or town situated within the hill areas: provided that nothing in this clause shall be deemed to 10 require the reference to the standing committee of any proposal for compulsory acquisition of any land for a public purpose; (b) the management of any forest not being a reserved forest; (c) the use of any canal or water course for purposes of is agriculture; (d) the regulation of the practice of ;hum or other fonds of shuting cultivation; (e) the estab1ishment of vill'age or town committees or councils and their powers; and any other matter relating to 20 village or town administration, including village or town police and public hf'llllth and sanitation; (/) the appointment or succession of chiefs or headmen; (g) the inheritance of property; (h) marriage; and 2s (i) social customs (s) every bill which is not a financial bill and contains mainly provisions dealing with matters specified in sub-section (4) shall, upon introduction in the legislative assembly of the union territory of manipur, be referred to the s1anding cominittee for considera- 30 tion and report to the legislative assembly (6) u any question arises whether a bill attracts the provisions of sub-section (s) or not, the question shall be referred to the administrator and his dech:ion thereon shall be final (1) any bill referred to the s1janding committee under sub- 35· section (s) may, if 80 recommended by the standing committee, be passed by the legislative assembly with such variations a may be necessary in its application to areas other than the hill areas l' - (8) when a bill as reported by the standing committee is not passed by the legislative assembly in the form in which it has been reported but is passed in a form which, in the opinion of the speaker, is substantially different from that as reported by the standing com-s mittee, or is rejected by the legislative assembly, the speaker shall submit to the adminiatrator-(a) in any case where the bill has been passed by the legislative assembly in a substantially different form, the bill as passed by the assembly together with the bill as reported by 10 the standing committee; (b) in any case where the bill is rejected by the assembly, the bill as reported by the standing committee (9) the mmjnistrator shall, as soon as possible after the submiaslon to him of the bill, return the bill to the legislative assembly is with a message recommending either that the bill be withdrawn or that it be passed in the form in which it has been reported by the standing committee or in the form in which it has been passed by: the legislative assembly and the message received from the administrator shall be reported by the speaker to the assembly and 20 accordingly, the bill shall be deemed to have been withdrawn, or as the case may be, be deemed to have been passed by the assembly in the form recommended by the administrator (10) the standing committee shall have power to consider and pass resolutions recommending to the administrator llny legislative 25 or executive action with respect to matters specified in sub-section (4), so however that the executive action relates to general questions of policy and the legislative or executive action does not involve any flnancial commitments other than expenditure of a routine and 1ncidental character 30 (11) the council of ministers shall normally give effect to the recommendations of the standing committee under sub-section (10) but if the council is of the opinion that it would not be expedient to do 10 or that the standing committee was not competent to make any such recommendations, the matter shall be referred to the 3s administrator whose decision thereon shall be final and binding on the council and action shall be taken accordingly (12) the administrator shall have special responsibility for· aecuring the proper functioning of the standing committee j accordance with this section - 53 (1) as soon as practicable after the commencement of this ad,- elections shall be held in accordance with law-(a) to fill the seats in the bouse of the people allotted to the union territory of goa, daman and diu; and provisiom for election to parl;ament from goa, daman and diu, and pond icllerry (b) to fill the seat in the house of the people and the seat s in the council of states allotted to the union territory of pondicherry (2) notwithstwlding anything contained in any other law for the time being in force, the members nominated to represent the union territory of goa, daman and diu in the house of the people shall 10 continue to be such until the election of the members to fill the two seats in that house allotted to that union teltitory: provided that where the dates of election of the members are different, the members so nominated shall cease to be members of that house on the earlier of those two dates is 43 of 1951 explanation-in this sub-section, the expression "date of election" has the same meaning as in section 67a of the representation of the people act, 1951 54 (1) in this section "constituency" means-provi,ions as to provisional legislative assemblies of certain union tcrritorici 103 of 1956 (a) in each of the union territories of himachal pradesh, 20 manipur and tripura, a territorial council constituency provided in accordance with the provisions of the territorial councils act, 1956, for the purpose of elections to g territorial council constituted under that act; (b) in the union teltitory of pondicheny, a territorial con- 25 stituency provided in accordance with the provisions of the state of pondicherry (representation of the people) order, 1955, for the purpose of elections to the representative assembly ()f the state of pondicherry (2) notwithstanding anything in this act, until the legislative 30 assembly of each of the union territories of himachal pradesh, manipur, tripura and pondicherry has been duly constituted an4 summoned to meet for the first session under and in accordance with the provisions of this act, the following provisions shall apply in rel~tion to the legislative assembly of each of those 35 union teititories, namely:-(a) every constituency in existence immediately before the commencement of this act shall on and from such commencement be deemed to be an assembly constituency·· of the same name for the purpose of elections to the legislative assembly of the union territory under this section; (b) the seat reserved in any constituency for the scheduled castes in the union territory of himachal pradesh shall be s reserved in the assembly constituency of the same name for those castes; (c) every person who immediately before the commencement of this act is a member elected from a constituency to fill a seat in the territorial council of himachal pradesh, manipur 10 or tripura or in the representative assembly of pondicherry shall, on and from such commencement, represent the assembly constituency of the same name in the legislative assembly and shall be deemed to have been elected to the legislative assembly from that constituency, and every person who immediately is before such commencement is a member nomintated to the territorial council by the central government shall be deemed to be nominated to the legislative assembly; and accordingly on the commencement of this act, the legislative assembly of the union territory shall, without any further action or 20 step being taken in this behalf, be deemed to be the duly constituted legislative assembly of the union territory: provided that a person who, immediately before the commencement of this act, is a member of the representative assembly of pondicherry shall not become a member of the legislative assembly 25 thereof unless he is a citizen of india (3) the period of five years referred to in section 5 shall in the case of a legislative assembly functioning under this section be deemed to have commenced-(i) in the case of the legislative assembly of the union territory of himachal pradesh, on the 3rd august, 1962; (ii) in the case of the legislaltive assembly of the union territory of milnipur, on the 3rd august, 1962; (iii) in the case of the legislative assembly of the union territory of tripura, on the 1st august, 1962; and 35 (i,) in the case of the legislative assembly of the union territory of pondicherry, on the 25th august, 1959 (4) in other respects, the provisions of part ii shall apply in relation to a legislative assembly functioning under this section as they , apply in relation to a legislative assembly constituted lulder and in 40 accordance with the provisions of that part 55 for the removal of doubts it is hereby declar~ that-contracts and suits «(i) all contracts in connection with the administration of a union territory are contracts made in the exercise of the executive power of the union; (b) all suits and proceedings in connection with the admin-5 tstration of a union territory shall be instituted by or against the government of india power of president to ftmove dillcul tiel 56 if any difticulty ames in giving effect to the provisions of this act and, in particular, in relation to the constitution of the legislative assembly for any union territory, the president may by order 10 do anythina not inconsistent with such provisions which appear to him to be necessary or expedient for the purpose of removing the difticulty :::::nt 57 (1) the enactments specified in the second schedule are caactmedtl hereby mnended to the extent and in the manner mentioned in the 15 fourth column thereof (2) all things done, and all steps taken, before the commencement of this act in connection with the preparation or revision of electoral rolls for the purpose of elections to the houle of the people from the union territories of goa, daman and diu, and pondicherry, 20 and to the legislative assemblies of those union territories shall, in 10 far as they are in eonformity with the provisions of the representation of the people act, 1950, as amended by this act, be deemed to 43 of 1950 have been done in accordance with law 58 (1) the following laws are hereby repmled:-«(i) the territorial councils act 1956; 103 of 1956 (b) the decree no 46-2381, dated the 25th october, 1946, as subsequently amended telatinjt to the representative assembly of the state of pondicherry; (c) the decree no 4'1-1490, dated the 12-tb august, 1947, as 30 subsequently amended, relatinii to the setting up of a council of government tn the state of pondicherry; (d) the state of pondicherry (representation of the people) order, 1955, in 10 far al it relates to the repreaentative assembly of pondlcberry 35 (2) notwithstanding the repeal of the territorial councils act, - 1058,- 103 of 1956 (ii) every oftlcer add other emploj'ee of the territorial council of a unloa ltol')' &erma ancl_ the eouc:u iidme-- s distely before iuch repeal shall beeeme an ofticer or other employee of govemment and shall be employed in connection with the administration of the union territory with such designation as the administrator may determine and shall hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have but for such repeal beld the same and shall continue to do so unless and until such tenure remuneration and terms and conditions are duly altered by the administrator: 10 provided that-(i) the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the central government; is (ii) any service rendered by any such officer or other employee before such repeal sh811 be deemed to be service rendered in connection with the administration of the union territory; 20 (iii) the administrator may employ any such officer or other employee in the discharge of such functions as the administrator may think proper and every such officer or other employee shall discharge those functions accordingly; (b) anything done or any action taken (including any noti-:fication, order, scheme, rule, form, notice or bye-law made or issued, any license or permission granted) under the repealed act shall in so far as it is not inconsistnt with the provisions of this act, continue in force unless and until it is superseded by anything done or any action taken in accordance with law; (c) all debts, obligations and dabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the territorial council before such repeal aha1i be deemed to have been incurred, edtered into or engaged to be done in exercise of the executive power of the union fol'l the purposes of the administration of the union territory," 35 40 (d) ell assessments, valuations, measurements or divisions made by the territorial council shall, in so far as they are not inconsistent with the provisions of this act, continue in force - unless and until they are superseded by any assessment, valuation, measurement or division made by the adminjatrator in accordance with law; - (e) all properties, mowble and immovable, and all interests of whatsoever nature and kind, vested in the territorial council immediately befo1'le such repeal shall, with all rights of whatsoever description, used, enjoyed or possessed by that council, vest in the union for the purposes of the administration of the s union territory; (t) all rates, taxes, cesses, fees, rents, fares and other charges which immediately before such repeal were being lawfully levied by the territorial council shall continue to be levied at the same rate at which they were being levied by the council j 0 immediately before such repeal until provision to the contrary is made by law; (g) all rates, taxes, cesses, fees, rents, fares and other charges due to the territorial council immedoilltely before such ~al shall be deemed to be due to the union in connection with is the administration of the union territory; (h) all suits, proseeutiods and other legal proceedinp instituted or which might have beett instituted by 01' against the territorial councr may be contid_ or lutltuted by or apid&t the government of iddia the first schedule[see sections 4 (a), 11 and 45 (4) ] forms of oaths or affirmations i5 form of oath or -affirmation to be made by a candidate for election to the legislative assembly - "1, ab, having been nominated as a candidate to fill a seat in the - do swear in the name of god legislative assembly of--- ------------ --10 solemnly affirm that i will b~ar true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india" ii15 form of oath or affirmation to be mid! by a member of the legislative assembly of a union territory"i, ab, having been elected (or nominated) a member of the do swear in tht! name of god 20 legislative assembly of ------soiemiiiy affirm - -----that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharge th~ duty upon which i am about to enter" 25 iiiform of oath of office for a member of the council of ministers of a union territory do swear in the name of god "i a b ---~--- - -------- - that i will bear true faith 30 "', solemnly affirm and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that i will faithfully and conscientiously discharge my duties as a minister for the union territory of , and that i will do right to all 35 manner of people in accordance with the constitutipn and the law without fear or favour, affection or ill-will" 29 2631 (b) ls-r5 t - - from of oath of secrecy for a member of the council or ministers of a union 'l'iiiuu'i'oity do swear in the name of god "i, ab, 01 i aftlr - -that i will not directly or - emny m ~ indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a minister for the union territory of:-----except as may be required for the due discharje of my duties as such minister" 'nte second schedute (see section s7)- amendments enactments amendbd -----------------year number short title 4 3 s rmd 43 the ~n of the in section 4, in sub-section (i), the people ai;:t, 1950 words "to goa, dimln and diu" shall be omitted 10 \| in \| section 138, \|\|------------------------------\|-----------------\|\| in \| \|\| sub-section \| \|\| (1), \| \|\| for the words \| "a \|\| the \| words \|\| "the \| union territory \|\| delhi" shall be substituted \| \|\| in \| section \|\| (1) \| \|\| and \| \|\| (2), \| \|\| for the words \| "a \|\| the words \| \|\| "the \| union \|\| of \| \|\| delhi" shall be substituted \| \|is in section 27a, -, (i) sub-section (2) shall be omitted; (ia) for sub-section (4), the following sub-section shall be substituted, namely:-"(4) the electoral c:olleae for each of the union territories of himachal pradesh, manipur, tripara and pondicherry shall couaist of the elected members of the legislative assembly constituted for that rerritory under the g'overnment of union territories act, 1963" 35 4s \| in \| the: \| first \| schedule,- \|\|-----------------------------------\|----------------------------------\|----------\|----------------\|\| (i) \| \| \| \|\| after the entry "24 \| goa, \| \| \|\| daman and \| \| \| \|\| diu \| \| 2", \| the \|\| "2s \| \| \| \|\| pondicherry \| \| \| \|\| i' \| \| \| \|\| shall \| \| \| \|\| be inserted \| \| \| \|\| and \| \| \| \|\| the \| \| \| \|\| existina \| \| \| \|\| entry \| \| \| \|\| rdadlll \| to \| north \| \|\| east \| \| \| \|\| frontier \| tract \| \| \|\| shall be renumbered as entry \| \| \| \|\| 26; \| \| \| \|\| (ii) \| \| \| \|\| for the total the following total \| \| \| \|\| shall be substituted, \| namely:- \| \| \|\| "total \| sos" \| \| \|\| in \| the second schedule, after entry \| \| \|\| is \| \| \| \|\| relatilll to \| nqaland, \| \| \|\| the \| \| \| \|\| following \| \| \| \|\| entries shall be inaerted, \| \| \| \|\| namely:- \| \| \| \|\| "16 \| \| \| \|\| hirna~hal \| \| \| \|\| pradesh \| 40 \| \| \|\| 17 \| \| \| \|\| manipur \| \| \| \|\| 30 \| \| \| \|\| 18 \| \| \| \|\| tripura \| 30 \| \| \|\| 19 \| goa, daman and \| diu \| 30 \|\| 20 pondicherry - \| \| \| \|\| 30" \| \| \| \|\| the \| fifth schedule, shall \| \| \|\| be \| \| \| \|\| omitted \| \| \| \|\| - \| \| \| \|\| ----- \| __ \| -- \| ----_-------- \|year short title amendments number i 3 4 43 the representation ofthe in section 4, the words "to goa people act, 19si daman and diu" shall be omitted •• - in section is, in sub-section (~),-(i) for the words "the governor", the words "the governor or adminis- 5 trator, as the case may be" shall be substituted; (ii) in the proviso, the words and figures "or under the provisions of 10 section s of the government of union territories act, 1963, as the case may be" shall be added at the end in section 3z, the words and figures "or under the provisions of the j 5 government of union territories act 1963, as the case may be" shall be added at the end in section 36, in clause (a) of' subsection (2),-20 (i) the word "and" occurring after the figures "191" ~all be omitted; (ii) for the words and figure "part ii of this act", the words and figures "part ii (if this act, and sections 4 and 2~ 14 of the government of union -territories act, 1963" shall be substituted in section 55, the words and filure~ "or under the government of union 30 territories act, 1963, as the case may be" shall be added at the end in section 100, in clause (a) of subsection (i), after the words "this act", the words and figures "or the 35 government of union territories act, 1963" shall be inserted 37 the states reorganisation a('t, 19s6 in section 15 of the' states reorganisation act 1956,-(i) in clause (d) after the word 40 "maharashtra", the words "and the union territories of dadra and naill' haveli lind goa, daman and diu" shall bl' inserted; (ii) in dause (e) after the word 45' "kerala", the words "and the union territory of pondicherry" shall be inserted stattment of objects anb r~as6:nsarticle 239a of the constitution introduced by the constitution (fourteenth amendment) act, 1962, enables parliament to create by law legislatures or councils of ministers or both in the union territories of himachal pradesh, manipur, tripura, goa, daman and diu, and' ponddcherry in pursuance thereof the present bill seeks to establish legislatures and also councils of ministers in those territories broadly on the pattern of the scheme in force in some of the part c states under the government of part c states act, 1951, which was repealed by the states reorganisation act, 1956 provision has been made in the bill to allot one seat to the union territory of pondicherry in the house of the people and for filling by direct election that seat as well as the two seats allotted to the union territory of goa, daman and diu now filled by nominated members provision has also been made for the delimitation of parliamentary and assembly constituencies in the several union territories (including the delimitation of parliamentary constituencies in the union territory of delhi) by the delimitation commission recently set up under the delimitation commission act, 1962 the bill also seeks to amend the states reorganisation act, 1956, so as to provide representation to the uriion territories of goa, daman and diu, dadra and nagar haveli and pondicherry in the zonal councils the provisions of the bill are further explained in the nores on clauses, wherever necessary new delhi; lal bahadur the 7th februar1/, 1963 clause 3-the clause provides for the establishment of legislative assemblies in the union territories of himachal prade~h, muipur, tl'ipura, goa, daman and diu and pondicherry it is proposed that the number of elected seats in the legislature of himachal pradesh shall be 40 and 30 in the legislatures of other territories two seats in each legislative assembly are proposed to be filled by nomination by the central government himachal pradesh and pondicherry have sizable scheduled castes population hence, provision has ,been made in this clause for reservation of seats for members of scheduled castes in these two territories on population basis clause 4-the qualifications for membership of the legislatures of the union territories prescribed in this clause are the same as those prescribed for membership of legislative assemblies of states provision has also been made in this clause that candidates for election to the legislatures shall subscribe an oath or affirmatioa to bear true faith and allegiance to the constitution and uphom the sovereignty and integrity or india clause 5-the term of legislatures of the union territories prescribed in this clause is the same as that prescribed in respect of legislative assemblies of states clauses 6 to 17-the provisions of these clauses generally tollow the corresponding provisions applicable to the legislative assemblies of states and members of those assemblies clauses 18 to 31-these clauses define the scope of the legislative powers of the legislatures of the union territories and relate to procedural matters including the procedure regarding assent to bills clause 18 provides that the power of parliament to make laws with respect to any matter for a union territory shall remain unfettered subject to this, the legislatures shall have power to legislate in respect of such of the matters enumerated in the state and concurrent lists as are applicable in relation to union territories clause 21 provides that no law enacted by a legislature of a union territory shall over-ride any law passed by parliament on or after the commencement of the; act clauses 19 and 20, provide that powers of the legislatures of the union territories shall be subject to the same restrictions as are applicable in relation to state legislatures under articles 285 to 288 of the constitution - clause 25 provides that ems passed by the legh;lature::; of union territories shall become law only after they have been assented to by the president and prescribes the procedure in this behalf clause 32-this clal)se empowers the administrdtor to 3uthorise expenditure from the consolidated fund of the union territory as ?n intetim measure because it will not he possible for the legislatures to authorise expenditure immediately on the constitution of such fund clause 33-this empowers the le~islatures of union territories to make their rules of procedure and also empowers the administrator to make rules in relation to financial business after consultation with the speaker and with the approval of the president sub-clause (2) of this clause provides that until the rules are made, the legislatures shall follow the rules of procedure and standin!! orders of the legislative assembly of uttar pradesh with such modifications and ~daptations as may be made by the administrator clausf 34-this empowers the legislatures of the union territori~s to adopt by law either hindi or any language or 1lmguages in use in the territory as the officiallan~age in view of the provisions of the treaty of cession between the govf>rnments of india and france, in the case of pondicherry, provision has been made that so long as the le~81ative assembly of pondicherry doer not decirie otherwise, the french language shall continue to be used as an official language of that union territory for the same official purposes for which it was being used in that territory immediately before the commencement of the act 'ryle president is also empowered to direct thoe use of the official language of the union for specific official purposes of the union territory and to direct the use of any other language for any such purposes if he is satisfied that a ~ubstantial proportion of the population of the territory desires the use of that langub,:!e sub-clause (b) of this clause relates to the lan{{uage to be used in the legislatures and follows the 'provisions of article 210 (1) of the constitution clause 35-this clause relates to the langua~e to be used for acts bills, etc and follows the corresponding provisions of article 348 of the constitution clauses 38 to 43-these clauses relate to delimitation of parliamentary constituencies in the union territories of himachal pradesh, manipur, tripura and delhi and also assemblr constituencies in the territories in which legislativp assemblies are proposed to be established clause 53 provides that the two seats in the house of the people allotted to thc union territory of goa, daman and diu sh"an be filled by electiqll as soon as practicable accordingly provision has been included in these clauses for the delimitation of two parlia-- - - mentary constituencies in this territory also clause 40 provides for one seat in the house of the peopl~ being allotted to pondicherry and the entire union territory being treated as one parliamentary constituency for the purpose clause 41 empowers the delimitation commission to delimit the constituencies clause 42 provides for the association of l\{embers of the house of the people representing the union territory concerned and three members of the respective assemblies nominated by the speakers thereof, with the delimitation commission in pondicherry, however only three members of the legislative assembly of the territory will be associated because the question of delimiting parliamentary constituencies does not arise in that territory in goa, daman and diu, the delimitation will have to be done before the election of members of the legislative assembly hence, only the two members representing the territory in the house of the people are pro~ed to ,be associated with the commission clause 43 makes the relevant provisions of the delimitation commission act, 1962, applicable to the delimitation under this act clauses 44 to 46-clause 44 provides for the constitution of a council of ministers in each union territory having a legislature to aid and advise the administrator in the exercise of his functions except when he is required to act in his discretion or in a judicial or quasi-judicial capacity in the case of the union territories of himachal pradesh manipur and tripura which are border territories, the security of the border is proposed to be made the special responsibility of the administrators in these territories clause 45 contains other provisions regarding the councils of ministers and clause 46 relates to the procedure in regard to conduct of business clauses 47 to 49-these clauses provide for the constitution of a separate consolidated fund and a contingency fund in each union territory having a legislature and for the audit reports in respect of the accounts of the territory being ilbid before the legislature of that territory - ~ - clauses 50 and 51-these clauses provide that-(a) the administrator and his council of ministers shall be under the general control of, and comply with the directions given by, the president; (b) the president may suspend the operation of all or any of the provisions of the act when it is necessary or expedient to do so and make other arnmgements for the administration of the territory concerned - £lauae 51--this clause provides for the constitution of a' standing committee consisting of members from the hill areas of madiplr" which are inhabited mostly by tribal people it also provides that it shall be the special responsibility of the administrator to secure the proper functioning of this committee in accordance with this clause the subjects which will come within the purview of this committee undet'su'b-c:1ause (4) correspond to those specified in paragraph's (1) of the sixth schedule to the constitution the procedural provisions relating to this committee generally follow the corresponding provisions' applicable in respect of the regional committees constituted under article 3'11(1-) of the constitution clause 53-this clause provides for elections being held as 'soon as practicable to fill the seets in the house of the people allotted to the union territories of goa, daman and diu, and pondicherry and the seat in the council of states allotted to the union territory of pondicherry and makes consequential provisions in respect of the existing members nominated to represent the union territory of goa, daman end diu in the house of the people clause 54-the existing elected members of the territorial councils of himachal pradesh, manipur and tripura were chosen by direct election in 1962 and the members of the representative assembly of pondicherry were similarly chosen ip 19~9 on the basis of adult franchise their five year term of office as members of those bodies commenced on the dates mentioned in sub-cleuse (3) this clause provides that the members of those bodies shall become members of the legislative assembly of the respective territory and the legislative assemblies shall be deemed' to have been constituted accordingly for the unexpired portion of their term clause 55-the present bill does not alter the relationship of the union territories with the union to place the matter beyond doubt, this clause seeks to make it clear that contracts, suits end proceedings in connection with administration of the territories are contracts made in exercise of the executive power of the union and suits and proceedings instituted by or against the government of india clause 56-this clause provides for the removal of difficulties which may arise in giving effect to the provisions of the act clause 57-the second schedule referred to in this clause makes consequential amendments in the representation of the people act, 1950, and the representation of the people act, 1951 the schedule· also seeks to amend section 15 of the states reorganisation act, 1956, so as to include the union territories of dadra and nagar haveli and 2631 (b) 1j!-6 goa, daman and diu in the western zone and the union territory of pondioherry in the southern zone clause 58-lt -is proposed that the functions entrusted to the territorial councils of himachal pradesh, manipur and tripura should re-vest in the government hence, this clause provides for the repeal of the territorial c9uncils act, 1956, and makes consequential provisions regarding the employees of the councils and other matters it also repeals the decrees under which the representative assembly and the council of government of pondicherry were constituted, and the state of pondicherry (representation of the people) order, 1955, on the basis of which elections were held to the representative assembly in 80 far as that order relates to that assembly clause 3(1) of the bill provides for the setting up of a legislative assembly for each of the union territories of himachal pradesh, manipur, tripura, goa, daman and diu, and pondicherry" clause 44(1) provides for the setting up of a council of ministers in each of these territories clauses 7(5), 17 and 45(6) relate to payment of salaries and allowances to the speaker and the deputy speaker, members of the legislatures and the ministers the expendtture on such salaries and allowances and other expenditure of an incidental nature such as on the additional staff for the legislatures and councils of ministers will be met from the consolidated fund of the union territory concerned however, if there is any time lag between the setting up of these bodies and the constitution of the consolidated fund of the territories, the expenditure for that interval will be met from the consolidated fund of the union the interval, if any, is expected to be very short it is not possible to precisely estimate the expenditure on such salaries and allowances at this stage on a rough estimate, it is expected to be about rs 20 lakhs per annum in all the five territories but, to some extent, there would be a corresponding saving on account of the abolition of the territorial councils of himachal pradesh, manipur and tripura and the representative assembly and council of government of pondicherry clause 4& provides fer ene seat in the !leuse of the people beibl allotted t& pondicherry clauses 41 aad 42(1) provide for tile deumftation of constituencies being done by the delimitation commission and association of members of the house of the people and some members of the loeal legislatures with the commission for this purpose elause 53(1) provides for electiens being held to fill the seats in the house of the people allotted to goa, daman, and diu, and pondicherry these provisions will involve an additional expenditure of about rs llakh from the consolidated fund of india of which about rs 10,000 will be of a recurring nature on account of the salary and allowances of the member of the house of the people representtng pondlcherry in the case of goa, daman and diu, as the existing nominated members will be replaced by elected members no extra expenditure is involved the expenditure on the administration of these territories which ii at present being met directly from the consolida1¢ f1:1pd of india by far exceeds the revenue from these territories, hei'ce, as envisaged in clause 47(1), it will be necessary to give substantial financial assistance to these territories by way of grants and loans from the consolidated fund of india the magnitude of this assistance may vary'irorn time to time depending on the size of the dev~lopment programmes and the revenue of these territories, the fohowing figures which are based on the estimates of revenue and expel1diture for 'the year 1962-63 give some idea of the magnhude of such assistance: ----------------ri h laths -------------_ _---himacltal pnadosh expenditure likely defic:t --- ---2156'66 1123 '8s mladipar· revenue ---432 -81 79'31 55-82 904'14 ~'p3 1149'38 1093'46 tripaft 9oa, daman and diu s77"71 16'~ podilic:herry 5°1'19 240'62 ~9"s24 is4'62 clause 58(2) provides that on the repeal of the territorial councils act, 1956,-(a) all the officers and employees of the territorial councils of himachal pradesh, manipar and tripura shall be employed in connection with the administration of the territory concerned and that service rendered by such officers and employees under the -t~ couwills shall be deemed to be go"er1l1twl~ service; {p} au-debts, obligations and 'liabilities ijmrnred, au ettnllts 'edtere~ into by' the territorial councils, ete; 'shatl- be cleeamd-to haye -'been incurred or entered into in exarci8e 1d tile 't!!!dcdtive power of the union for the purpomjll-ofde , tni t;'-;z>f the ululm -territories: ' (g} 8th auita, prosecuthms and other legal proceedings lnstituw or which might have been instituted by or aga,inst the t-erritorial councils may be contijlued or instituted by or against the govenunept of india these liabilities will be met from the consolidated :fund 'of india until the consolidated funds are constituted for the teltitoriei' add thereafter, from the consolidated fund of the territory :codce1'iled however, in effect, this will not involve extra expenditure because of _ the savings due to the abolition of the territorial coudcils, memorandum regarding delegated legislationclause 33 of the bill empowers the legislative assembly of a union territory to make rules for regulating its procedure 'ami conduct of business and provides that such rules relating to financial businesa may be made by the administrator in ~odsultation with the speaker and with the approval of the president clause 46 provides for the rules regarding the transaotion'efbusiness with the ministers being made by the president and empowers the administrator to -make rules· presoribibg til mamer·:of autiiiiiu-cating ·th~ orders -issued' in his name clause 47(3) provides for rules regarding the custody, etc, of the consolidated functbeing made by the administra&o1' with the approval of the president and clause 48 (3) empowers the administrator to make -similar -rules -regarding the contidgeucy fund the,mattej:s mentioned above are of a procedural natureand-uru dullcult to provide for these matters in detail in the bill itseh the ~opoll8ls ®f' 4elegal1od of legislative power are thus of a norj!l&l ell,, , annexure extracts from the representation of the people act 1950 j (43 of 1950) - • - • - •piuiai of 4 (1) the seats allotted unde!" section 3 to the state of jammu h:eijl,:~ and kashmir, to the andaman and nicobar islands, to the laccadive, peoplc minicoy and amindivi islands, to dadra and n,agar haveli, to goa, daman and diu and to the part b tribal areas shall be seats to be ft1ied by persons nominated by the president ' e e· e - blectoral 13b (1) the electoral roll for each parliamentary constituency in ~d - a union territory, each assembly constituency and each council constituency shall be prepared and revised by an electoral registration oftlcer who shall be such officer of government or of a local authority as the election commission may, in consultation with the government of the sta~ in which the constituency is situated, designate or nominate in this behalf - e - - - - part lib electoral rolls for parliamentary constituencieselectoral 13d (1) the electoral roll for every parliamentary constituency ~ for pap other than a parliamentary constituency in a union territory shall = consist of the electoral rolls of so much of the assembly constituencies ciei as are comprised within that pa!i'liamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency - (2) the provisions of part iii shall apply in relation to every pu-iiamentary constituency in a union territory as they apply in relation to an assembly constituency ' - - - - - - part iva manner of filling seats in the council of states to be fuid by representatives of union territories- z1a - - - - - - (2) the electoral college for each union temtory specified in the eodltitutiod first column of the fifth schedule shall consist of the nwnber of :!aid': members specified in the second column thereof opposite to lhat tbe 8 u~ of union territory to be chosen by direct election ~:s::i of stake - - - - - - to uole territodol, (4) the electoral college for each of the union territories of himachal pradesh, manipur and tripura shall consist of the members of the temtarial council constituted for that territory under the territorial councils act, 1956, but shall not include any of the ioj of ,,,6 members nominated by the central government under sub-ection (3) of section 3 of that act - - - the first schedule (see section 3) allocation of seats in the house of the people\| name \| of \| state, union territory \| or \| area \|\|------------------------------------------\|-------\|---------------------------\|-------\|---------\|\| - \| \| \| \| \|\| - \| \| \| \| \|\| - \| \| \| \| \|\| tocii \| \| \| \| \|\| dumber \| \| \| \| \|\| ofleetl \| \| \| \| \|\| - \| \| \| \| \|\| 16 \| \| \| \| \|\| napland \| - \| \| \| \|\| i \| \| \| \| \|\| - \| \| \| \| \|\| - \| \| \| \| \|\| \| \| \| \| \|\| " \| \| \| \| \|\| 17 delhi \| \| \| \| \|\| 18 himachal pradesh \| \| \| \| \|\| : \| \| \| \| \|\| s \| \| \| \| \|\| \| \| \| \| \|\| 19 \| \| \| \| \|\| manipur \| - \| \| \| \|\| 3 \| \| \| \| \|\| 20 \| \| \| \| \|\| tripura \| - \| \| \| \|\| a \| \| \| \| \|\| 2 \| i \| \| \| \|\| andldlao \| aod \| nicobar island, \| \| \|\| i \| \| \| \| \|\| i \| \| \| \| \|\| z3 \| \| \| \| \|\| lac cadtve, miniooy and amindivi islands \| \| \| \| \|\| \| \| \| \| \|\| , \| \| \| \| \|\| 23 dadra lind nagar haveli \| \| \| \| \|\| i \| \| \| \| \|\| 3 \| \| \| \| \|\| 240 \| goa, \| daman \| and \| diu \|\| 2, \| \| \| \| \|\| north \| \| \| \| \|\| but \| \| \| \| \|\| frontier \| tract \| \| \| \|\| total· \| - \| \| \| \|\| i \| \| \| \| \|\| , \| \| \| \| \|\| !os \| \| \| \| \|a bill to provide for legislative assemblies and councils of m~nisters for cenain union territories and for certain other matters the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, recolllrilended to lok sabha the introduction and consideration of the bill m nkaul, seaetary ~hri lal bahadur shastri, minister of home affairs)	Parliament_bills	d1b752b3-3adc-5c9d-88cc-533b1030d890
bill no 123 of 2011 the appropriation (railways) no 3 bill, 2011 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2011-12for the purposes of railwaysbe it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) no 3 act, 2011issue of rs 1,00,000 out of the consolidated fund of india for financial year 2011-12appropriation the schedule\| ( \| see \| sections 2 and 3) \|\|---------------------\|----------------------------------\|---------------------\|\| 1 \| 2 \| 3 \|\| no of \| services and purposes \| sums not exceeding \|\| vote \| voted by \| charged on the \|\| parliament \| consolidated fund \| \|\| rs \| rs \| rs \|\| 16 \| assets—acquisition, construction \| \|\| and replacement— \| \| \|\| other expenditure \| \| \|\| capital \| 40,000 \| \|\| railway funds \| 40,000 \| \|\| railway safety fund \| 20,000 \| \|\| \| t \| \|\| otal \| \| \|\| \| 1,00,000 \| \| statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government on railways for the financial year 2011-12dinesh trivedi———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2011-b-402/ws/2 dated 7122011 from shri dinesh trivedi, minister of railways to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2011-12 for the purposes of railways, recommends under clause (1) and (3) of article 117 of the constitution of india, read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabha of the appropriation bill———— a billto authorise payment and appropriation of certain furthers sums from and out of the consolidated fund of india for the services of the financial year 2011-12 for the purposes of railways————(shri dinesh trivedi, minister of railways)gmgipmrnd—3055ls(s3)—08-12-2011	Parliament_bills	4755a18a-1ffd-51de-b61a-ec6aaf07b6de
bm no 90 of 19811 t:£e apprllpriation (no·4) bill, 1966 a billto authorise payment lind appropriation of certain further suma from and out of hi" consolidated fund of india for the service, of the financial yel1f 1966-67 be it enacted by pprliament in the seventeenth year of the 5 republic of india as follows:-1 this act ~ay be ,,, lied the appropriation (no4) act, 1968 8bort ,,~ 2 from and out of the consolidated fund of india th&re may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of five hundred and sixty-one crores, thirty-nine lakhs and seventy-one thousand rupees towards defraying the seyeral charges which will come in s course of payment during the financial year 1966-67 in re~ect of the services specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by; this act shall be appropriated for the services and purposes expressed in the schedule in relation to ie aw said year 1 sums not exceeding - ---------,-------------------__----j ( voted by parliament tno servic~s and purposes of vote charged on i total the consolidated fund 2 poreign trade rs rs 24,00,00,000 lts 24,00,00,000 16 external affairs 67,00,000 67,00,000 30 other revenue expwdi(ur~ of the ministry of finance 41 ministry of health and family planning 5,60,000 5,60,000 s2 delhi 5,00,000 5,00,000 ~ s2-a chandigarh - 93,&00 1,68,18,000 s3 andaman and nicobar islands , 1,000 1,000 12 labour and employm~nt 8, suppli~s and disposals 43,00,000 210 99 atomic energy research 43,00,000 110 25,000 other r~v~nu~ exp~nditu~ of lok sabha 25,000 capital outlay on curr~ncy and ij7 coinag~ capital outlay on kolar gold 25 119 ~ines - 123 loans' and advances by central government the 1,07,00,00,000 1,0j,00,00,000 2,10,00,00,000 i2s purchase of'lood-jt'8ins 2,09,56,00,000 30 ,000 2,09,56,$0,000 r,00,69,88,ooo other capital outlay of the ~ ",9f ,food, ~- i: tm,lo coidlntmity develop:' '-p1eilt aod co-operation , ;" -(' i,00,69,88,ooo 1,26,88,000 128 capital outlay of the ministry 5 of home ~trairs 3 129 1,000 1,000 capital outlay of the ministry " oflndustry 133 other capital outlay of the ministry of irrigation and power 144 5,00,00,000 5,00,00,000 capital outlay of the department of atomic energy statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the can-stitutiod of india, read with article 115 thereof, to provide1or the approptiation out of the consolidated fund of india q{ the moneys required to meet the supplementary expenditure chargedod the consolidated fund of india and the grants made by the ldk s~bha for expenditure of the -central government, :exclu~ ·biiilways, for "the ftnancial year 1966-67 saclhndra chaudhuri president's recommendation under article 117 of m:&: constitution of india[copy of letter no f 5 (12) -b/66, dated the 9th november, 1966 from shri sachindra chaudhuri, minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the ~onso1idated fund of india for -the services of the year ending on the 31st day of march, 1967, recommends the introduction of the appropriation (no4) bill, 1966 in the lok sabha and also recommends to the sabha the consideration of the bill under article 117 (1) and (3) of the constitution read with article 115 thereof 2 the bill will be introduced in the lok sabha a1ter all the supplementary demands for grants for 1966-67 have been vnted a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1966-67 (si'rj ~aci,;,dra chiiiulhi,,;, mil;,,; oj p _)	Parliament_bills	c36f99fb-46ef-5a75-a92d-0597641b297f
tile kerala appropriation (no5) bill, 1966 a billto prwide for the authorisation of appropriation of moneys out of tlw consolidated fund of the state of kerala to meet the amount spent on certain services during the financial year ended on the 31st day of march, 1964, in excess of the amounts granted for tho,e ,ervice and for that year be it enacted by parliament in the seventeenth year of the republic of india as follows:-1 this act may be called the kerala appropriation (no5) act, short 1966 rl!ri title , 2 from and out of the consolidated fund of the statu of kerala, issue of the sums specified in column 3 of the schedul~ amounting in the rs , aggregate to the sum of two crores, ten lakhs ninety-one thousand, 2109 ,:!' ~~~ two hundred and sixty-three rupees shall be deemed to have been consou authorised to be paid and applied to meet the amount spent for dated 10 defraying the charges in respect of the services specified in column 2 funcl ~ of the schedule during the financial year ended on the 31st day of the state march, 1964, in excess of the amounts granted for those services and ~ !ee;:la for that year certain 8xcesi g-pendlture tldrthe, ended cmthe 311t jlert:h 18m appropria-3 the uns deemed to have been authorised to be paid and tion applied from and out of the consolidated fund of the state of kerala under this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 1964 the schedule (see sections 2 and 3)services and purposes no of s vote 3 excess cbubed portion total iu ra voted ~ -ri 110~ 1,0,,6'7 agricultural income-tax and sales to: 1,03,86, i 10 uj u, excise iii 10,,583 10,27,5aa debt charges x 39835 district administration and miscellaneous 39,835 administration of justice 15 xi 11114 11,71" --1361409 jails 136a09 xii general education xvii public health engineering 28,75,164 16,384 16 · 28,75,16 xxi 6,,~181 8,74,62, airlculture 2,01,844 animal~husbandry l,oo,5cn xxii 20 xxv' 1~j1 l,oi,759 · 31,23,600 pensions 31,23,600 xxxvd 50,049 5<>049 xl miscellaneous , 19,60,020 xliii capital outlay on public health 19,60,030 25 xlv 8,351 8,253 capital outlay on industrial development ! · ; 1,07,59,677 1,07,59677 xlvi 11,9o,j47 ,i , ,26) total 193,00,916 capital outlay on irrigation : i statement {')f -omects and reasonsthis bill is introduced in pursuance of articles 2m(1) and 205 of ·tfte c6r&ututwaj!ead ~ththe rroclpmatinn issued under article 356 of the constitution in respect of the state of kerala on the 24th march, 1965, as extended by parliament to provide for the appropriation out of the consolidated fund of the state of xerdla 01 the moneys required ·to meet the expenditure of the govemmem of helajaincurred-in--ec:eess -()f the,appropriations charged on the 'funi bdd- the <&rants made iby the 'state legislature for the finacial year ended od the 31st day of march, 1i6t sachindra cha1i1druiu presidbn'l"s'recommendation under 1mticne :207 of the constitution (w itmia[copy: gf letter no f 5(7)-b/66, dated the 6th november 1966 ,from shd sachindra ichaudhuri, jcmister of finance to the secretary, lok sabha] by vintue of the proclamation dated the 24th 1ttarch, i1ji5, 'fssued under article 356 of the "constitution, a extended 'by papllament-up--1e 'the 10th ~mbel, 1t68, ·:the pl'esident having been idfo1'dhhl of tuaersubjedl8latter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of the state of kerala to meet the amounts spent on certain 'services duttng the finanaial'-year ended on the 31st ·day of march, 11m 111 excets of the amounts granted for the said selviees and for that year by th, state legislature, recommends under clauses (1) and (i) of article 207 of the constitution read with sub-claule (2) ef article 205 thereof the introduction of the appropriation (no ''5) 'bin, 1966 in the l~ '&abba and also recommm:ads to the lgksabha the consideration of the bid a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services for the purposes of railways during the financial year ended on the 31st day of march 1964, in excess of the amounts granted for those services and for that year	Parliament_bills	73cad8ba-b4c6-5458-b0c8-7f75b1c80db2
bill no xiv of 2010 the census (amendment) bill, 2010 a billfurther to amend the census act, 1948be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the census (amendment) act, 2010short title and commencment(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 32 after section 3 of the census act, 1948 (hereinafter referred to as the principal act), the following proviso shall be inserted, namely:—provided that, if, there is a substantial change in the data collected after the last census, in any part of the country, more particularly, data relating to weaker sections of the society, including scheduled castes and scheduled tribes, the central government may declare its intention of holding a special census in the whole or any part of the territories to which this act extends, thereupon the census shall be taken, accordinglyamendment of section 113 in the principal act, in section 11, in sub-section (1), in clause (d), the following proviso shall be inserted, namely:—provided that any person who intentionally mentions a language as his mother tongue, to the census authorities, inspite of a fact that his mother tongue is different from the one stated by such person as his mother tongue, shall be deemed to have given false answer, intentionallyamendment of section 184 in the principal act, in section 18, in sub-section (2), the following sub-section shall be inserted, namely:—(2a) the central government may also make rules to determine the mother tongue of every citizen who is bound to give information to a census officer under the act statement of objects and reasonsalthough, the central government can order holding of census operations any time under section 3 of the census act, 1948, the government of india conventionally, holds census after every ten years however, in a fast moving world, data collected by census get outdated equally fast, giving thereby a different picture of a situation than the one existing on the ground in the census of 2001, three communities namely, kunbi, gawda and velip declared as scheduled tribes in goa on 8th january, 2003 but were not shown despite the fact that they constitute twelve per cent of scheduled tribes populationthe delimitation commission having started the process of delimitation of forty constituencies and the two parliamentary constituencies of goa legislative assembly therefore, refused to reserve any constituency for the scheduled tribe as there were no figures of scheduled tribes reflected in 2001 census they also refused to order any special census although such a power could be read into relevant provisions of the delimitation act, 2002 this bill, therefore, provides for undertaking special census in such circumstancessecondly, there is a tendency among a section of population in some parts of the country to misinform the census authorities about their mother tongue the proposed amendment specially makes such an act as an offence and provides for making of rules for determination of mother tongue of an individual, in disputed caseshence this billshantaram laxman naik memorandum regarding delegated legislationclause 4 of the bill empowers the central government to make rules to determine the mother tongue of every citizen the rules relate to matters of details onlythe delegation of legislative power is of a normal character annexure extract from the census act, 1948 3 the central government may, by notification in the official gazette, declare its intention of taking a census in the whole or any part of the territories to which this act extends, whenever it may consider it necessary or desirable so to do and thereupon the census shall be taken 11 (1) [(a) any census-officer or any person lawfully required to give assistance towards the taking of census who refuses to perform any duty imposed upon him by this act or any rule made thereunder, or any person who hinders or obstructs another person in performing any such duty, or (aa) any census-officer or any person lawfully required to give assistance towards the taking of a census who neglects to use reasonable diligence in performing any duty imposed upon him or in obeying any order issued to him in accordance with this act or any rule made thereunder, or any person who hinders or obstructs another person in performing any such duty or obeying any such order, or;] (b) any census-officer who intentionally puts any offensive or improper question or knowingly makes any false return or without the previous sanction of the central government or the state government, discloses any information which he has received by means of, or for the purposes of, a census return, or (c) any sorter, compiler or other member of the census staff who removes, secrets, damages or destroys any census document or deals with any census document in a manner likely to falsify or impair the tabulations of census results, or[(ca) any local authority which fails to comply with an order made under section 4a, or;(d) any person who intentionally gives a false answer to, or refuses to answer to the best of his knowledge or belief, any question asked of him by a census-officer which he is legally bound by section 8 to answer, or(e) any person occupying any house, enclosure, vessel or other place who refuses to allow a census officer such reasonable access thereto as he is required by section 9 to allow, or(f) any person who removes, obliterates, alters, or damages any letters, marks or number which have been painted or affixed for the purposes of the census, or(g) any person who, having been required under section 10 to fill up a schedule, knowingly any without sufficient cause fails to comply with the provisions of that section, or makes any false return thereunder, or(h) any person who trespasses into a census office, shall be punishable with fine which may extend to one thousand rupees and in case of a conviction under part [(a), (b) or (c) shall also be punishable with imprisonment which may extend to three years](2) whoever abets any offence under sub-section (1) shall be punishable with fine which may extend to one thousand rupees for carrying out the purposes of this act(2) in particular, and without prejudice to the generality of the foregoing power, the central government may make rules providing for the appointment of census-officers and of persons to perform any of the duties of census-officers or to give assistance towards the taking of a census, and for the general instructions to be issued to such officers and persons and providing for the manner of service of orders regarding requisitioning of premises, or vehicle; vessel or animal and the time within which the application may be made to it by any interested person aggrieved by the amount of compensation determined under section 7 b for referring the matter to an arbitrator(3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of 30 days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule rajya sabha———— a billfurther to amend the census act, 1948————(shri shantaram laxman naik, mp)gmgipmrnd—2354rs(s5)—03052010	Parliament_bills	02a28e56-db05-516d-8641-2c238be092f5
the appropriation (no2) bill, 1964 a billto authorise payment and appropriation of certain mma from and out of the consolidated fund of india for the e1"l1ice of the financial year 1964-65 bb it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act maybe called the appropriation (no2) act, 1964 short title z from and out of the consolidated fund of india there may be laue of ra s paid and applied sums not exceeding those specified in column 3 of 1,otoo,37 the schedule amounting in the aggregat9 [~clusive of the sums ~ the specified in column 3 of the schedule to the appropriation (vote on =:::ated account) act, 1964] to the sum of ten thousand and four iudi, for the hundred crores, thirty-seven 1akhs and fifty thousand rupees towards rear 1964-65 10 defraying the several charges which will come in course of payment during the financial year 1964-65 in respect of the services specified in column 2 of the schedule 3 the sums authorlsed to be paid and applied from and out of the appropria-consolidated fund of india by this act shall be appropriated for the tiou is services and purposes expressed in the schedule in relation to the said year the schedule (see sections 2 and 3)i 2 3 -no suml not exccc:ding of services and purpose -------ote voted by cbaried on total parliament the consoli-v s dated fund -rio ri ri i miniltr)' of community de~elopment and co-operation 2880,000 2880,000 10 2 community development projem national extension service and co-operation ,7°44,000 '70>44000 ~ ministry of defence l60,o,ooo : 6050000 is 4 defence services, bffective-army ,,82,88,5°,000 0,(0((0 58298,5°,000 , defence services, b4"ective-navy 23,14,5°,000 5°,000 23i s,oo,ooo 6 defence sen ices, effective-air force 1,24,61,00,000 1,00,000 1,2462,00,000 7 defence services, non-bft'ective al90oo,ooo so,ooo 21,90,so,ooo - midiltry of bdueation ll6~6,ooo lb626,ooo 25 9 education - 136"71,000 36,"71,000 archaeolol1 1,28]0000 if-12830,000 10 survey of india - 411609,000 ii 4,16,otooo '0 12 botanical survey {a835,ooo [283',000 zoological survey [am6,ooo • ~ [ 2s96,ooo 13 30 14 other revenue axidrditure of ~ r: l the ministry 01 pcation ii81,o5ooo n81~3ooo tribal area - 15,8619,000 i b 1,,8619,000 i, 16 external maln 18s4 '000 18s4,45,ooo 17 dedra and nagar haveli area 18,78,000 li878•000 18 other revenue expenditure of the ministry of external aftain 78116,000 78116,000 corrigenda the appropriation (no2) bill, 1964"(to be/as introduced in lok sabha) 1 page 2, against vote 4, in column 3, under the heading "charged on the consolidated fund",-12!: "0,00,000" read "10,00,000 ii 2 page 6, against vote 100, in column 3, under the heading "charged on the consolidated fund",-for "30 000 1 n read 1130 000 ii -, , , 3 page 6, against vote 100, in column 3, lidder the heading "total", -iqi ", 23, 77 , 49, 000 it ~ "1, 23, ? 7, 49 ,000 " 4 page 7, line 28, in column 2,-m "husehold" ~ "household" 5 page 9, lines:3q andc31~ i:ip<;alnmrr 2,- - 1£!: ~~~egraphsl'-new delifl· -- april 17" 1964 chaitra 28, 1886(saka) i 1 2 3 --no sums not exceeding of serviceli and purposes vote voted by charaedon 5 parliament the consoli-total dated fund 19 ministry of finance :ra ri, ra 2,22,27,000 2,22,27,000 ao customs 4,63,74,000 50,000 4,64,24,000 21 union excise duties 11,14,27,000 46,000 11,14,73,000 10 22 taxes on income includina corporation tax, etc 0 0 7,87,64,000 1>46,000 7,89,10,000 23 stamp 0 3,18,48,000 0 3,is,48,ooo 24 audit 1395,87,000 11,30,000 14,19,17,000 i 2, currency and coinage 9,71,91,000 ,0 9,71,91,000 is 26 mint 26469,000 2,64,69,000 27 kolar gold mines , ~,is,39,ooo ,,15,39,000 28 pensions and other retirement benefits ~,8b,s9,000 1$,]8,000 60]97,000 29 territorial and political pen-20 sions 0 21,80,000 21,80,000 30 opium 2,81,76,000 2,88,76,000 31 other revenue bxr;nditure of the ministry of inance 0 1,61,79,92,000 , 1,61,79,92,000 32 planning commision 1,10,63,000 1,10,63,000 25 33 grants-in-aid to state and union territory governments 0' 2,ib,9o,54,ooo 16,85,81,000 2,95,76,35,000 34 miscellaneous adjustments between the central and stlte and union territory govern-30 menu 0 28,18,000 28,18,000 35 pre-partition payment 14,92000 6,00,000 ao,9~,ooo chaitobd-[nt",n on dibt am -ot""" obli(atunu and rltlue-3 ",45,63,000 3,18,4~,62,ooo film (if' tlfjtiidtjiiiu of debt , 35 chaitosd,_pq~1 of si/il", slum of umort s"cij duti" 0 1,40,9'1,16,000 1,40,97,76,000 36 ministry of food and asrlcul-8478,000 84,78,000 ture , 37 agriculture 436,48,000 4,36,48,000 6,74,43,000 39 animal husbandry 1,1294,000 0 1,12,94,000 40 38 agricultural research 6,74,43,000 i (i) (2) (3) jlo sums dot ezceecudi ef services and purpoees gte voted by cbaqedod parliament the consolidated fund total v 5 rs lb ri -40 pozeat 12487,000 1,2487,000 41 other reyenue expenditure of the ministry of food and asri-187922,000 culture 18,6384,000 15j8,ooo 10 42 ministry of health 22,81,000 r2281ooo 43 medical and public'" health 12,4717,000 12>-47,17,000 -44 other revenue ~nditure of the ministry of ealth 95,21,000 9521,000 15 4' ministry of home affaire 4,53,39000 4,53>39000 46 cabinet 45,83000 4583,000 47 zonal councils 1,27,000 127,000 48 administration of justice 317,000 mi~ooo 2379,000 49 police 1463,84,000 1463,84,000 20 so census 1,36,53,000 136,53,000 51 statistics 2,3°,05,000 23°,05,000 ,2 privy purses and allowances of indian rulers 1,14,000 s08,ojooo 50917,000 " delhi 21>44,59000 3s,ooo 2104484,000 54 andaman and nicobar islands 3,26,37,000 32637000 s'j laccadlve minlcoy and amin -divi islands 47,54,000 ~ 4754>000 56 other revenue ~nditure of the ministry 0 home mairs 2,",38,000 27538,000 30 57 ministry of induitrj 37>47,000 3747,000 58 industries 1852,26,000 s,oo,ooo 18,57,26000 '9 salt 56,02,000 56•02•000 35 60 other revenue &penditure of the ministry of industry 31,11,000 31u,ooo 61 mini,try of information and 15,62,000 broadcasting 1562,000 --5 :woo sum not e:a:eediaa of serricelldcs p1upoicl gte voted by ~d on parliament the naoli-total dated fund v ri ri ri 63 broadcutina 59106000 59106000 '3 other reyenue ~nditure of the ministry of nformation and broadcutinl 4,60,56000 46o,s000 10 '4 ministry of intemadodal trade 33,29,000 33,29,000 " foreign trade 9,3334000 $,000 933,39,000 66 other reyenue ~nditure of the miniltry of nternational trade 3,19,1,000 3,19,,1,000 67 i ministry of firrigation and power 2583,000 25,83,cqo 68 multi-purpoee riyer schemel 1,92,03,000 " 19203,000 c59 other revenue ~nditure of the ministry of irrigation and power - - 9,01,33,000 901,33,000 20 70 ministry of labour and employment :&9,57,000 2957,000 71 chief inspector of mine 34,82000 34,83,000 72 labour and employment 1128,01000 11,28,01,000 73 other revenue eztnditure of the ministry of abour and employment 14,91,000 1491,000 30 74 ministry of law 146,06,000 46•06,000 7' electionl l85,90,ooo 8,90,000 76 other revenue bzr:nditure of i the miniatry of w l2,20,ooo 220,000 77 ministry of petroleum and 176',000 chemicall t ~1765,000 35 78 other revenue ~nditure of the ministry of tro1eum and chemical • (95,09,000 9'09,000 79 ministry of steel, mine and heavy bnjineerin - 41,17,000 41,17,000 80 geological survey 354,37000 , 5,5437,000 sums not excccdin~ scrvices and purposes no of vote 5 voted by parliamcnt total charged on the consolidatcd fund rs ra ri 81 38,32,80,000 other rcvenue expenditure of the ministry of steel mincs and hcavy e:1gineerin, 1,06,1~,000 1,06,19,000 b ministry of transport 2,68,12,000 meteorololy central road fund 4,4°,41,000 commu'1ications (ircluding national highways) 7,66,37,000 is merca'1tile marine 1,29,'3,000 86 1,09,30,000 lighthouses and li,htshlps 1,0930,000 87 aviation 88 89 other revc'luc expenditure of the ministry of transport ,,6,64,000 ministry of works, housing and rehabilitation 33,08,000 33,80,21,000 34,13,29,000 public works 91 stationcry and printin, ii$4,69ooo 25 11"",69,000 92 ~3 &penditure person on displaced 94 other revenuc expenditure of the mi nbtry of work, housing and rehabilitation 9s dcpartmcnt of atomic encllgy 96 atomidlnefiy research 97 department of parliamentary atfairs departuient of posts and tele-iraphs 99 oveneas service communications 100 posts and tclcgraphs(workin, expenses) 123,77,19,000 (i) (2) (3) no sum not exceeding of services and pul'p08es v ote voted by c~don total 5 parliament the molidated fund ri ri ra 101 posts and tele,raphsl>ividend 10 to general revenues and appropriation to resene funds - - 12,10,77,000 12,10,77,000 102 other revenue expenditure of the departmeat of post and telegraphs 26,0,000 26,50,000 is t03 department of supply ,152,000 51,52,000 104 supplies and disposals 3,53,76,000 3,53,76,oqq los other revenue expenditure of the department of supply 10,41,000 10,41,000 106 department of technical de-20 velopment r3,08,ooo 3,08,000 107 other revenue expenditure of the department of technical development 44,57,000 44,57000 108 lot sabha 1,06,09,000 66,000 1,06,75,000 25 109 other revenue ezpenditure of lok sabha 4,,000 4,,000 110 r,ajya sabha 4,,27,000 61,000 45,94,000 chaagbd-s!1[j huulroijl tj1id allortnaficii ,'" pruitu,," 29,6,000 39>46,000 30 iii secretariat of the vice-president ~17,ooo 2,17,000 charged-union pubi& smjiu cdrtiiiusidn s1,21,ooo ,1,27,000 112 capital oatlay of the ministry 3s of community development and co-operation 14,00,000 j4,cc,oco 113 defence capital outlay l>4o,95,oo,cco ls,oo,ooo 1,41,io,c("c(0 ii4 capital outlay of the mini&lry 5,60,00,000 560,cc,ooo of education 40 lis capital outlay of the ministry 1,65,00,cco of external affairs 1,6s,00,000 116 cattal outlay can the india 19,56,000 ecurity preis 19,56,000 vote servioea and purposes sume dot exceec1ins voted by cbaraed on parliament the conaoudated fund ----------------------~---------~---------~----------- ! ra ra i ra-117 capi~outlayoncurredc1 and colnaf , u8 capital outlay on minti 80,8,000 119 capital outlay on kolar minel , gold 1,25,00,000 lao commuted value ofpediiodi ui other, capital out1a~ of the minl8try of finance jl,78,27>4i000 laa capital outlay on orantl to state and union territory governmentl for development u3 loans and advances by the central government ,2s •• u76,ooo 6,os,80,jj,ooo 18s99309,ooo 20 craroiid-~ tf de' , capital outlay on forltl 193,000 purchase of foodgraina z,oo,ooo aso89>4'000 u6 other capital outlay of the mini8try of food and aarlculture zo,ooo 127 capital outlay of the miniltry of health, , 121 capital outlay of the miniatry of home affairs ',7569,000 139 capital outlay of the miniatry of industry 130 capital outlay of the ministry of information and broad-c8atina 131 6000,000 ·60,00000 capital outlay of the miniltry of international trade , 13a capital outlay on multipurpose river schemes 133 '" oth:r capital outlay of the i mhistry of irrigation and power - - - 10s467,ooo 134 clpinl 0 itlay of the ministry of llb:>ur and bmployment no serviee8 and purposes s aor~ of 5 vote voted by ~ii-pli'liament total dated pwad it ra re i3s capital outlay of the ministry or pm'oleu!n and chemic:ah si,$3>4i,ooo 51,53,41,000 10 136 capital outlay of the ministr y of steel, mines and heavy enaineering 1,37,86,82,000 1,37,86,82,000 131 capital outlay on roads 59,70,95,000 59,70,95,000 138 capital outlay on porta 2,66,47,000 2,66,47,000 139 ca~ital outlay on civil avianon· 4,94049000 35,0(j() 4,94,74,000 15 140 other capital outlay of the ministry of transport 6,88,09,000 6,1109,000 94$,16,000 5110,000 9,50,26,000 20 142 delhi capital outlay 24,69,08,000 j',9:1,ooo 25,01,00,000 141 cop,,'oulla wm"l 143 other capital outlay of the miniiu1 af worb, houtioc and rehabilitation 8,61,95,000 jo,ooo 1,6a,2,,ooo 144-cspital outlay ofthe depsrt-19,11,70,000 19"1,10,000 meat of noidic baeriy 141 ca~icii 0adfiy oft , cieil'8su (aot lret from revenue , 42,04,00,000 4a~,ooo 14' oder ciipital 0utia'l af &be statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by the lok sabha for expenditure of the central government excluding railways, for the financial year 1964-65 t t krishnamachari president's recommendation under article 117 of the constitution of india[copy of letter no f3 (33)-bj64, dated the 14th april, 1964 from shri t t krishnamachari, minister of finatl£e to ~e secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to authorise payment and appropriation af certain sums from and out of the consolidated fund of india for' the services of tlhe fllliancial year 1964-65, recommends under arbicle 117 (1) and (3) of the constitution, the introduction of the appropri8ltton (no2) bill, 1964, in the lok sabha and also the consideratioln qf the bill 2 'nle bill willlbe introduced in the lok salbha after the demands for -grants :for expeijditure of the centmj government ·(excluc:mng railways) ·for the year 1964-65 have been voted billto authorise pay!jleilt dd~l!ropriation of certain sums from and out of the conso fund of india for the services of the financial year 1964-6s (sirri t t krilhnamachari, minilur of finance)	Parliament_bills	72f7fc44-21d7-500e-940a-5befdc356ae1
the children with specific learning disabilities (identification and support in education) bill, 2016 a billto identify and support the children with learning disabilities in education and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the children with specific learning disabilites(identification and support in education) bill, 2016short title, extent and commencement(2) it extends to the whole of india except the state of jammu & kashmir5(3) it shall come into force on such date as the central government may, by notificationsin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means,—(ii) in relation to a state government or any establishment, wholly or substantially financed by that government or any local authority other than a cantonment board, the state government (b) "educational instutution" includes a private educational institution5(c) "dyscalculia" means a learning disability characterized by difficulty in mathematics(d) "dysgraphia" means a learning disability characterized by difficulty with the act of writing both in the technical as well as the expressive sense including difficulty with spelling10(e) "dyslexia" means a learning disability that affects a person's ability to acquire, process and use either spoken, written or nonverbal information including organization and planning, functional literacy skills, memory, reasoning, problem solving and perceptual skills or in other words, difficulty with language in its various uses including reading15(f) "dyspraxia" means a learning disability that affects the person's ability to plan motor tasks and to make an appropriate body response(g) "in service" means in service of any institution run or managed by the central or state government or run or managed with the aid of central or state government(h) "prescribed" means as prescribed by the rules made under this act2025(i) "specific learning disability" means a disorder in one or more of the basic psychological process involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations and includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, dyspraxia, dyscalculia, dysgraphia and development aphasia, but does not include a learning problem that is primarliy the result of visaul, hearing or motor disabilities, of mental retradation, of emotional disturbance, or of environmental, cultural or economic disadvantages303 (1) the appropriate governments including local self governments shall conduct an annual survey to identify the number of persons with specific learning disabilities, the nature of facilities and assistance provided to them and the extent to which they are benefittedannual survey on persons with specific learning disabilities(2) the manner of conduct of survey, qualification of personnel involved in survey, maintenance of records and publication of reports shall be such as may be prescribed4 the appropriate governments including local self governments shall,—mass awareness campaign35(i) conduct mass awareness campaigns to create awareness in the communityregarding special learning disability, its causes and prevention, treatment and remedial measures;(ii) sponsor or cause to sponsor awareness campaigns and disseminate orcause to disseminated information on learning disabilities;40(iii) educate the public through the pre-schools, schools, primary health centres,village level workers and anganwadi workers about specific learning disabilties, their causes and remedial measures;(iv) create awareness amongst the masses through television, radio and othermass media; and(v) promote research in specific learning disabilities455 the appropriate governments shall,—setting up of teacher training institutions(i) set up adequate number of teachers' training institutions and assist thenational institutes and other voluntary organizations to develop teachers' training programmes specializing in specific learning disabilities;(ii) improve the teacher education programmes to incorporate specific learningdisabilities, its theory and practices within the curriculum of teacher education(iii) ensure that newly inducted teachers attend at-least one-month mandatorytraining in inclusive education, with special focus on specific learning disabilities5(iv) provide adequate training to the regular teachers in service, in inclusiveeducation with special focus on specific learning disabilities; and(v) train the teachers and staff in anganwadis to facilitate early detection ofspecific learnin disabilities106 (1) every educatinal institution shall be equipped with a resource room and a specialeducator trained in specific learning disabilities and where special educator trained in such disabilities is not available, a person trained in special education shall be appointedspecial facilities in educational institutions(2) the faciliteis of the resource room and qualification of the special educator shall be such as may be prescribed15(3) every educational institution shall endeavor to detect specific learning disabilities in children at the earliest(4) where a child is suspected with specific learning disability, a detailed evaluation of the child including his socio-economic background and family background shall be conducted and the child may be referred to a clinical psychologist or a learning disability detection and remediation centre to detect if, he is suffering from a specific learning disability20(5) where a child is detected with a specifi learning disability, an individualised education plan shall be formulated for the child depending on the specific needs of the child by a team consisting of the principal of the school, the class teacher of the child another teacher, special educator, the parents of the child and the child himself25(6) the child may be referred to a learning disability detection and remediation centre for specialized support, if found necessary(7) the individualized education plan shall be periodicaly revised, and the progress of the child shall be closely monitored in terms of attainment levels and completion of education307 (1) the state government shall set up adequate number of learning disabilitydetection and remediation centres in every district to train and equip children with specificlearning disabilities who require specialized trainingsetting up of learning disability detection and remediation centre(2) there shall be at least one learning disability detection and remediation centre in evey district35(3) the district learning disability detection and remediation centres shall provide specialized training to children with specific learning disabilities, assist the schools in the concerned district to set up resource rooms, provide training and support to the regular teachers in dealing with children with specific learning disability(4) the district learning disability detection and remediation centres may also offer practical courses in dealing with children with specific learning disabilities for parents and teachers subject to regulations as may be prescribed by appropriate government40(5) the appropriate governments may distribute to every education institution thelearning materials including special text books and teaching aids for the children with specific learning disability through the district learning disability detection and remediation centres45(6) the manner in which learning disability detection and remediation centres shall be set up or recognized, constitution, structure and function shall be such as may be prescribed8 (1) the central government shall establish a national centre for specific learning disabiliteis to provide leadership, public awareness and grants to support research and innovative practices in specific learning disabilities5(2) the appropriate government may establish regional centres for specific learning disabilities at the state and district levelestabilishment of natural and regional centres for specific learning disabilities(3) the manner in which the national and regional centres for specific learning disability shall be set-up, constitution, structure and function shall be such as may be prescribed109 (1) the central government shall frame guidelines for certification of children with specific learning disabilitiesguidelines for certification of children with learingdisabilities(2) the central government shall lay down qualifications for certifying authorities ofchildren with specific learning disability15(3) the appropriate government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of specific learning disability10 (1) the appropriate governments shall make suitable modifications in the curriculum and examination system to meet the needs of the children with specific learning disabilities20curriculum and examination system for children with specific learning disabilities(2) notwithstanding and without prejudice to any other concessions provided to the children with specific learning disabilities in examinations, the appropriate governments shall ensure that the children with specific learning disabilities are provided the following concessions—(a) twenty five percent extra time for completion of the examination paper; (b) facility of scribe or amanuensis when necessary;25(c) oral test to be conducted along with written tests up to class ix and promotionshall be based on the average of both;(d) standards of arithmetic to be relaxed as per the level of the child; (e) use of calculators to be allowed; (e) errors of interchanging of computation signs and number reversal to beignored;(f) exemption from second and third language;30(g) alternate subjects like home science, electronics etc to be made available; (e) spelling or grammar errors and incorrect sentence construction shall beignored;(f) direction errors in geography and other subjects shall be ignored; (g) exemption from diagrams, charts and graphs; and35(h) such other concessions as may be prescribedemployment of persons with specific learinign disabilities11 the appropriate governments and local authorities shall by notification in the official gazette formulate schemes for ensuring employment of persons with specific learning disabilities and such schemes shall include training and welfare of persons with specific learning disability, relaxation of upper age limit, and schemes promoting self employment4012 the central government shall, after due appropriation made by parliament, by law, in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide funds13 (1) whoever fraudulently avails or attempts to avail any benefit meant for personswith specific learning disabilities, shall be punishable with imprisonment for a term which may extend us to two years or with fine which may extend to one lakh rupees or with both5punishment for aviling benefits meant for persons with learning diabilities(2) whoever assists or facilitates the commission of the offence under sub-section (i)shall be punishable with imprisonment of two years or with a fine which may extend to one lakh rupees or with both10(3) the appropriate government shall report the names of the registered medicalpractitioners who have been convicted of the offence under sub-section (2) to the respective state medical council for taking necessary action including removal of his name from the register of the council for a period of two years for the first offence and permanently for the subsequent offence(4) any principal or teacher of a school convicted under sub-section (2) shall also be liable to face the appropriate disciplinary action including suspension or removal from service15(5) no person shall be punished under sub-section (1) or (2) for an act done by them ingood faith or intended to be done in pursuance of this act and any rules or orders made thereundercomplaint machinism14 without prejudice to the provisions of section 13, the appropriate government on the application of any aggrieved person or otherwise shall look into complaints with respect to matters relating to,—(a) deprivation of rights of persons with specific learning disabilities; and20(b) non-implementation of laws, rules, bye-laws, regulations, executive orders,guidelines or instructions made or issued for the welfare and protection of rights of persons with specific learning disabilities25power to remove difficulty15 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this act3016 the provisions of this act shall be in addition to and not in derogation of theprovisions in any other law, for the time being in forceact not in derogation of only other law power to make rules17 the appropriate governments may, by notification in the official gazette, makerules for carrying out the purposes of this act statement of objcts and reasonschildren with learning disability are a disadvantaged section of the society there is no law or policy in this context at present there has not been a systematic study to gauge the prevalence of learning disabilities in india, though, isolated studies by independent researchers and organizations estimate that fourteen percent of all the school children suffer from learning disabilities it is a matter of concern that adequate research and funds have not been channelized to address this particular issue further, there is gross lack of awareness of learning disability among the parents, teachers and the community which results in branding of children as lazy or uninteresteda specific learning disability affects the ability to learn and use certain skills, eg, reading, writing, listening, speaking, reasoning, direcrting attention, doing mathematical calculations and coordinating movements the common forms of specific learning disabilities are: dyslexia (difficulty in reading), dysgraphia (difficulty in writing) and dyscalculia (difficulty in mathematics) it may affect a single skill or combination of skills learning disability is distinct from mental retardation, and many a times, those suffering from such disabilities may have near normal, normal or superior intellectual ability, but the congnition, memory, motor activity and brain function of such children might be different from other individuals many great personalities like thomas alwa edison and albert einstein were once discarded by the school system as failuresthe major challenge in identification of children with specific learning disabilities is the invisibility of their condition the teachers, parents and peers often regard them as a slow learners or a failutre, or attribute to them laziness or attitude the diverse socio-cultural and economic conditions of the country make it a further complicated exercise if the children with specific learning disabilities are identified at an early age, they can be accommodated into the mainstream by providing appropriate and specialized training further, new centres should be opened to train and equip such children and the teachers and parents should also be trained to deal with them the curriculum and assessment methods have to be restructured to accommodate the children with specific learning disabilities or appropriate concessions should be given to themhence this billvandana chavan financial memorandumclause 3 of the bill provides for conducting annual survey to detect the number of persons affected with specific learning disability, clause 4 provides for conducting mass awareness campaigns, clause 5 provides for setting up of teacher training institutions, clause 7 provides for setting up of learning disability detection and remediation centres and clause 8 provides for setting up a national centre for specfic learning disabilities clause 12 provides for the central government to provide funds to the state governments the bill, if enacted, will involve recurring expenditure from the consolidated fund of india to the tune of rupees five hundred crore per annum a non-recurring expenditure of one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 17 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill as the matter will relate to details only, the delegation of powers is of normal character rajya sabha———— a billto identify and support the children with learning disabilities in education and for matters connected therewith or incidental thereto————(shrimati vandana chavan, mp)gmgipmrnd—5497rs(s3)—24032017	Parliament_bills	f5baf2d9-d314-5289-9735-8d99f97039a0
bill no 168 of 2018 the pepper growers (welfare) bill, 2018 by adv joice george, mp a billto provide for certain welfare measures and other facilities for pepper growers and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the pepper growers (welfare) act, 2018short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;(b) "committee" means the pepper development committee constituted under section 3;(c) "pepper" includes its products, by-products and extracts;(d) "prescribed" means prescribed by rules made under this act; and5(e) "scheme" means the pepper growers welfare scheme formulated under section 3 3 (1) the central government shall formulate a scheme for the welfare of pepper growers to be known as the pepper growers welfare schemepepper growers welfare scheme10(2) the scheme shall be administered by a committee to be known as the pepper development committee(3) the committee shall consist of—(i) a chairperson, who shall be nominated by the central government; (ii) two members, representing the governments of pepper growing states, to be nominated by the central government;15(iii) two members representing pepper agriculturists who are growing pepper on large scale;(iv) two members representing small pepper growers; and (v) three members of parliament from pepper growing states20(4) the chairperson and members of the committee shall be nominated by the central government in such manner as may be prescribed(5) the salary and allowances payable to, and other conditions of service of the chairperson and members of the committee, shall be such as may be prescribed4 without prejudice to the powers of the central government, the scheme shall include:—provisions to be made under the scheme25(i) framing of a comprehensive insurance scheme for loss or destruction ofpepper;(ii) providing technical and other kinds of specialized assistance to peppergrowers;(iii) fixing minimum support price for pepper; (iv) creation of adequate procurement and storage facility for pepper;30(v) providing assistance for export of pepper and its products; (vi) encouraging research in pepper related fields with a view to promote it as anutraceutical and as a condiment;(vii) provision of adequate marketing facilities for pepper growers; and35(viii) provision of electricity and water facilities to pepper growers at subsidized rate 5 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds for the purposes of this actcentral government to provide fundspower to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act40(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5 statement of objects and reasonsmembers of the botanical family piperaceae were among the first cultivated plantsblack pepper (piper nigrum) and long pepper (piper longum) are the best known spices in this family and are probably among the most recognized spices in the world black pepper alone accounts for lion part of the world's total spice trade in addition, pepper have been used medicinally for centuries in recent years, extensive research on the phytochemistry and unique pharmacological actions of these plants are also available but unfortunately, there are no adequate facilities and support for pepper growers the pepper based industries are suffering from numerous problems including problems relating to its storage, marketing, procurement and export the bill seeks to overcome the problems mentioned abovehence this billnovember 19, 2018 financial memorandumclause 3 of the bill provides for the formulation of a welfare scheme for pepper growersit also provides for the constitution of a committee to administer the scheme clause 4 provides for the activities to be undertaken under the scheme clause 5 provides that the central government shall provide adequate funds for the purposes of this act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annuma non-recurring expenditure of about rupees twenty crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— abillto provide for certain welfare measures and other facilities for pepper growers and for matters connected therewith————(adv joice george, mp)mgipmrnd—2052ls(s3)—04-12-2018	Parliament_bills	db8a5388-1769-50c2-85bc-bb3f74926dd1
the requisitioning and acquisi- tion of immovable property (amendment) bill, 1957(as introduced in lok sabha) me requisitioning and acquisition of immovable property (amendment) bill, 1957 (as introduced in lok sabra) a billfurther to amend the requisitioning and acquisition of immovable property act, 1952 be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the requisititming and acquisitiod of shert title immovable property (amendment) act, 1957 s 2 in section 1 of the requisitioning and acquisition of immovable property act, 1952, sub-section (3) shall be omitted of 1952 statlment of objects and reasonsthe requisitioning and acquisition of immovable property act, 1952, which empowers the central government to requisition immovable property for the purposes of the union and to acquire requisitioned property under certain circumstances is due to expire 011 the 14th of march, 1958 it is not, however, always feasible either to release the property held under requisition or to acquire it because the former course of action will aggravate the existing shortage which is of the order of 7 to 8 lakh sq ft of office accommodation and 40 to 42,000 units of residential accommodation and the latter will involve expenditure running· into several crores of rupees in this connection, it has been estimated that the property held under requisition by the defence ministry alone is of the value of seven to eight crores of rupees the conversion of existing requisitioning into leases besides being expensive is fraught with much difficulty as landlords are generally averse to making leases in favour of government in the context of the continuing expansion of developmentjal activity of the government, it is inevitable that augmentation of accommodation resources by new construction would lag behind the actual requirements at any given time the conditions which necessitated resort to requisitioning are, therefore, likely to persist for a long time to come the experience of the last 18 years during which government have had power to requisition or continue undel" requisition property for essential union purposes (first under the defence of india act, 1939, subsequently under the requisitioned land (continuance of power) act, 1947, and lately under the requisitioning and acquisition of immovable property act, 1952] also reinforces the need for government to retain these powers indefinitely in the circumstances, it is proposed to convert the existing temporary enactment into a permanent one k c reddy new delhi; the 5th december, 1957 , \| short \|\|------------\|\| ext \|\| cdt \|\| add· \|\| liuration \| extract prom the riquismoning and acqt1isition of immovaalb propirty act, 1952 (30 of 1952) - • - • - 1 (1) - • - • •(3) it shall remain in force for a period of six years from the date of the commencement of this act - - - - - a bill further to amend the requisitioning and acquisition of immovable property act, 1952(shri k c reddy, ministlr of works howin and supply)	Parliament_bills	f129f3e5-1e8e-5917-b653-3d5ca5c07ba4
bill no lii of 2015 the constitution (amendment) bill, 2015 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment)act, 2015short title and commencement(2) it shall come into force at once 2 in the eighth schedule to the constitution,—amendment of eighth schedule(i) existing entries 3 to16 shall be renumbered as entries 4 to17 respectively, and before entry 4 as so renumbered, the following entry shall be inserted, namely:—"3 bhojpuri" (ii) after entry 17 as so renumbered, the following entry shall be inserted, namely:— "18 rajasthani" (iii) existing entries 17 to 22 shall be renumbered as entries 19 to 24, respectively statement of objects and reasonsbhojpuri is an indo-aryan language which originated from sanskrit and like sanskrit it is also a scientific language there are 40 million speakers of this language in india and 50 million worldwide this is mainly spoken in north indian states and on different islands of the world in geographical & numerical terms bhojpuri speakers are bigger than maithili language which is part of eighth schedule bhojpuri is a historical language which got its name from bhojpur in bihar bhojpur was founded by bhoj dynasty rulers who came from ujjain during medieval timesthe origin of the language in india is traced back to 700 ad which is now more than a thousand years old world bhojpuri day is celebrated on the birth date of sant kabir das bhojpuri is a very beautiful, simple and sweet language whose speakers numerically are no less than speakers of any other prominent language of india like bengali, gujarati, marathi etcin addition to bhojpuri, rajasthani language is also amongst the modern indo-aryan languages it is also a historical language which is spoken in india and worldwide by millions of people there are various universities in rajasthan where teaching arrangements have been made for this language it has a glorious past of ancient literature which developed majorly during asoka times of saurashtra prakrit the development of gujarati language, included in the eight schedule has also its close relation with rajasthani language all major ancient historical documents are available in this language and especially its medieval literature is extremely richboth these historically rich languages have not grown to their true potential because of the neglect and lack of governmental support since they are not recognized by government and do not find place in eighth schedule with other languages as a result their reach is decreasing day by day also due to these reasons both languages have not been part of the union public service commission examination and millions of people who having good knowledge of the language are deprived from giving this examination this neglect of historical languages is not good for our rich heritage and culturetherefore, it is proposed to recognise the rich historical and cultural significant of both these languages and immediate provisions should be made in the eight schedule of the constitution to give them their respectful place what they have deserved from so longhence this billvivek gupta annexure extract from the constitution of inida eighth schedule[articles 344(1) and 351] languages1assamese2bengali3bodo4dogri5gujarati6hindi7kannada8kashmiri9konkani10maithili11malayalam12manipuri13marathi14nepali15odia16punjabi17sanskrit18santhali19sindhi20tamil21telugu22urdurajya sabha———— a billfurther to amend the constitution of india————(shri vivek gupta, mp)gmgipmrnd—3384rs(s-3)—07-12-2015	Parliament_bills	15405a4c-fe68-59b2-a4ea-c5cf2da19ef5
bll1 no 183 of 1185 the citizenship (amendment) bill, 1985 it billfurther to amend t1&c citizenshilp act, 1950 whereas for the purpose of giving effect to certain provisions of the mem lrandum of settlement relating to the foreigners' issue in assam (assam accord) which was laid before the houses of parliament on the 16th dl'y of august, 1985 it is necessary to amend the citizenship act, 5 1955; be it enacted by parliament in the thirty-sixth year of the republic of india as follows:-may, by notification in the offici a] gazette, appoint 1 (1) this act may be called the citizenship 1985 (amendment) act, ljhort title ad 10 (2) it shall come into force on such date as the central government eommencemeat 57 ot 1955 2 in the citizenship act, 1955 (hereinafter referred to as the principal ,inser-act), after section 6, the following section shall be inserted, namely: -tion of new section fa; "6a (1) for the purpo~es of this section-· 15 (a) "assam" means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985; 31 ot 1846 ~o (b) "detected to be a foreigner" means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 and the foreigners (tribunals) order, 1984 by - tribunal constituted under the said order; spedal provision, as to c:iuzenahipof perloj18 covered by the auam aoeord (c) "specified territory" means the territories included in bangladesh immediately before the commencement ot the citizenship (amendment) act, 1985; (d) a person shall be deemed to be of indian origin, if he, or either of his parents or any of his grandparents was born in 5 undivided india; (e) a person shall be deemed to have been detected to be a foreigner on the date on whirh a tribunal constituted under the foreigners (tribunals) order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned, (2) subject to the provisions of sub-sections (6), and (7), all 10 persons of indian origin who came before the 1st day of january, 1966 to assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the general election, to thc7 house of the people held in 1967) and who have been ordinarily resident in assam since the dates 15 of their entry into assam shall be deemed to be citizens of india as from the 1st day of january, 1966 (3) subject to the provisions of sub-sectiods (6) and (7), every penon !)f indian orilin who-(a) came to assam on or after the lst da, ol january, 1966 20 but before the 25th day of march, 1971 from ~ specified territory; and ! :" (b) has, since the date of his entry into assam, been ordinarily resident in assam; and (c) has been detected to be a foreigner; hall re(lister himself in accordance with the rules made by the central government in this, behalf udder section 18 with luch authority (hereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any 30 ejectoral roll for any assembly or parliamentary constituency in force on the date "of such detection, his name shall be deleted therefrom ,~-j~ jji·ll:n,~ __ ·"' explanation-in the case of every person seeking registration under this sub-section, the opinion of the tribunal constituted under 35 the foreigners (tribunals) order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient ·proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this bub-section, the registering authority shal1,-40 (0 if such opinion contains 'a finding with respec~ to such other requirement, decide the question in conformity with such finding; ' (ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a tribunal 45 constituted under the said order having jurisdiction in acardance with such rules as the central government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference the cil~:zenship (amendment) bill, 1985(to be/as introd :j"ced in li< sabha) 1 page 2 i line 20,--i2;: "persons" ~_ " perst'ln" 2 page 4, line 10,-aft~r "assam" 1!l~ "before the 1st january, 1966" 3 page 6, line 4-i!'! "before" ~ "after" new delhi; novbmber ~6 ~982 ka1~ika 2 - 1 07 csaka} 15 of 1987 5 (4) a person registered under sub-section (3) shall hllve, as from the elate on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of india (including the right to obtain a passport under the passports act, 1967 and the obligations connected therewith), but shall not be entitled to have his name included in any electoral roll for any assembly or parliamentary constituency at any time before the expiry of the said period of ten years 10 (5) a person registered under sub-section (3) shan be deemed to be a citizen of india for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner (6) without prejudice tc' the prnvisions of section 8,-15 (a) if any person referred to in sub-section (2) fubmits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the citizenship (amendment) act, 1985, a declaration that he does not wish to be a citizen of india, such person shall not be deemed to have become a dtizen 1)£ india under that sub-section; 20 (b) if any person referred to in sub-section (3) submits in the prescrihed manner and form and to the prescribed authority within sixty days from th~ date of commencement of the citizenship (amendment) act, 1985 or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary ,for such person to register himself under sub-~ection (3) 30 e~lanation-where a person required to file a declaration under thi!'; sub-section does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf 35 '(7) nothing in sub-sections (2) to (6) shall apply in relation to any person-(a) who immediately before the commencement of the citizenship (amendment) act, 1985, is a citizen of india; 40 31 of 1946 (b) who was expelled from india before the commencement of the citizenship (amendment) act, 1985, under the foreignen act, 1946 (8) s3ve as otherwise e~pressly provided in this section, the provisions of this section shall have effect notwithstandin~ anything contained in any other law for the time being in force,", 45 3 in section 18 of the principal act, in sub-section (2), after clause adiend-(e), the following clause shall be inserted namely: _ ment of'sectlon 18 ii (ep) the manner and form in which and tht'" authority to whom decjarations referred to in clauses (a) and (b) of sub-section (ii) of section 6a shall be submitted and other matters connected with such de~lliraftions;" statement of objects and reasonsthe core of the memorandum of settlement (auam accord) relates to the roreigners' issue, since the agitation launched by the aasu arose out of their apprehensions regarding the continuing influx of foreign nationals into assam and the fear about adverse effects upon the political, bocial, cultural and e::'onomic life of the state 2 assam accord being a political settlement, legislation is required to give effect to the relevant clauses of the assam accord relating to the foreigners' issue i " :, ," " 1',"' 3 it is intended that all persons of indian origin who came to assam (im:luding luch of those whose names were included in the electoral rolls used for the purpose of genera! election to the house of the people held in 1967) and who have been ordinarily resident in assam ever since shall be deemed to be citizens of india as from the 1st day of january, 1966 further, every person of indian origin who came on or after the 1st january, 1966 but before the 25th march, 1971 from territories presently included in bahgladesh and who has been ordinarily resident in assam ever since and who has been detected in accordance with the provisions of the foreigners act, 1946 and the foreigners (tribunals) order, 1964 shall, upon registration, be deemed to be a citizen for all purposes as from the date of expiry of a period ot ten years from the date of detection as a foreigner it is also intended that in the intervening period of 10 years, these persons should not suffer from any other disability vis-a-vis citizens, excepting the right to vote and that proper record should be maintained of such persons to inspire confidence, judicial element should be associated to determine eligibility in each and every case under this category 4 the bill seeks to aroend the cit\zenship act, 1955 to achieve the above objectives new detjli; arun nehru the 15th november, 1985 financial· memorandumclause 2 of the bill seeks to insert a new section 6a in the citizen-iship act, 1955 under sub-section (3) of the new section foreigners who came to assam trom erstwhile east pakistan, now bangladesh on or after the 1st january, 1966 but before the 25th march, 1971 who are detected in accordance with the provisions of the foreigners act, 1946 and the f'oreigners (tribunals) order, 1964 have to be registered in accordance with the rules made by the central government in this behalf as envisaged !n the assam accord, this will require strengthening of the machinery established for the purpose this will involve some expenditure from the consolidated fund of india however, it is not poss~ble at this stage to precisely quantify the expenditure t'1at is likely to be incurred on this account as this would depend upon the volume of the work which will be involved as no prectse information as to the number of people who came in duting th;s period is available, it is not possible to estimate the volume of work of detection and registration 2 the bill does not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationsub-section (3) of new section 6a as directed to be inserted by clause 2 of the bill in the citizenship act, 1955 requires that every person of indian origin who has entered assam on or before the 1st day of january, 1966 but before the 25th day of march, 1971 from the territory now- comprised in bangladesh and who has since the date of entry into assam been ordinarily resident in assam and who has been detected to be a !foreigner, should register himseu, in accordance with such rules as the central government may make with s~h authority as may be specifted in those rules 2 sub-section (6) of the new section 6a seeks to enable a person who does not wish to be a citizen of india under the provisions of sub-section (1) of that section or, as the ('ase may be, to be ~verned by the provisions of sub-sections (3), (4) and (5) of that section to submit a declaration to that effect in the prescribed manner and form and to the prescribed authority 3 clause 3 of the bill seeks to make necessary consequential amendment in section 18 of the citizenship act, 1955 relating to the power to make rules 4 the matters in respect of which rules may be made under the aforementioned provisions pertain to matters of procedure and detail the delegation of legis~ative power is, therefore, of a normal character annexure ex'dtact from the citizenship act, 1955 (57 of 1955)- - - - - - 18 (1) - - - - - power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-- - - - - - billfurther to amend the citizenship act, 1955 (shri arun nehru, minister of state in the department of internal security)	Parliament_bills	e08f61ba-5607-5d2e-a6ed-10ba587023cd
the expenditure-tax bill, 1957( as in'l'loducbd in lok sabm ) arrangement of clauses ~ chapter r preliminary1 short title, extent and commencemeat 2 deftnitiolll ; chapter it ciur(2 0 gpenditure-tax and expilnditl1r1 !ubj!'c'j to such c:rait_3 charge of expenditure-tax , amounts to be included in taxable expenditure 5 exemptions from expenditure-tax in certain cues e exclusion from taxable expenditure chapter itr expenditure-tax authoiutizs, expenditure-tax officers 8 appellate assistant commissioners of expenditure-tax 9 commissioners of expenditure-tax 10 inspecting assistant commissioners of expeniiiture-tax u expenditure-tax officers to be subordinate to the co~ sioner of expenditure-tax and the inspecting aasiatui j commissioner of expenditure-tax u expenditure-tax authorities fo follow onsel'l, etc 01 m bome chapter iv ass~!md'r13 return of expenditure 1 • return after the due date and amendment 01 refurn 1' aalessment 18 expenditure escaping assessment !t penalty for concealment (i) 18 tax of deceased persons payable by legal representative 19 assessment after partition of a hindu undivided family chapter vi appeals, revisions and references20 appeal to the appellate assistant commissioner from orders of expenditure-tax officers 21 appeal to the appellate tribunal from orders of the appellate assistant commissioners 22 power of commissioner to revise orders of expenditure-tax -officers in the interests of revenue 23 appeal to the appellate tribunal from orders of enhancement of commissioner 24 reference to high court 25 hearing by high court 26 appeal to the supreme court chapter vii payment and recovery of iexpenditure--tax27 notice of demand 28 recovery of tax and penalties 29 mode of recovery chapter viii miscellaneous30 rectification of mistakes 31 prosecutions 32 power to take evidence on oath, etc 33 information returns and statements 34 effect of transfer of authorities on pending proceedings 35 computation of periods of limitation 36 service of notice 37 prohibition of disclosure of information 38 bar of jurisdiction 39 appearance before expenditure-tu authorities by authorised representatives 40 power to make rules the schedule the expenditure-tax bill, 1957,a bill to provide for the levy oj a tax on expenditure s be it enacted by parliament in the eighth year of the republic of india as follows:-chapter i p!wdunary 1 (1) this act may be called the expenditure-tax act, 1957 short eztcdt (2) it extends to the whole of india except the state of jammu coijiimellteei and kashmir mail (3) it shall come into force on the 1st day of april, 1958 2 in this act, unless the context otherwise requires,-10 (a) "appellate assistant commissioner" means· a ~erson empowered to exercise the functions of an appellate assistant commissioner of expenditure-tax under section 8; (b) "appellate tribunal" means the appellate tribunal appointed under section 5a of the income-tax act; ]s (c) "assessee" means an individual or a hindu undivjded family by whom expenditure-tax or any other sum of money is payable under this act, and includes every individual or hindu undivided family against whom any proceeding under this act has been taken for the assessment of his expenditure; < d) "assessment year" means the year for which tax is chargeable under section 3; of 19240 (e) "board" means the central board of revenue constituted under the central board of revenue act, 1924; <i) "commissioner" means a person empowered to exercise 2s ulefunctions of a commissioner o~ expenditure-tax under section 9; t7) "4ependanrl ~ (i) when the usessee il an individual, a son or daugh wholly or mainly dependant on the alsessee tor support and ll&intenanee; mi> wiler the assessee » a hindu undivided tamily-, {a) every coparcener other than the karta; and (b) any other member of the family who under adj mw' or order or dicree of a court is entitled to maint-nance rrom the joint family property; f') "expenditure" means the aggregate of all sums in ie ~y or money' worth apent or disbursed by an assessee, and irldudee any amount which under the provisiona ot thit act ii ~ired eo be included in the taxable expenditure; til ''expenditure-tax officer" meana the income-tax officer auuloriled to perform the functions of an expenditure-tax om- j, under lection 7; t1) "income-tax act" meana tha indian income-tax aet 522; (1t') "income--t8x officer" means a person appointed to be an meome-tax ofticer under the income-tax act; ad (i) "inspecting assistant commissioner of expenditure-tu" aeans a person empowered to exercise the functions of an inspecting assistant commissioner of expenditure-tax under llcuon 10; (m) "prescribed" means prescribed by rules made under this 3f aft; <n) "previoull year" in relation to any assessment year, meana previous year as defined in clause (11) of section 2 of the lneom~tu act if an assessment were to be made under the said act for that year: io provided that where in the case of an assessee there are d11!erent previbus years under the income-tax act for different it)urces of income, the previous year shall be that previous year which expired last before the commencement of that asaessment year i5 chapi'er ii ea·_ c upmfdjtt1d-tax and expendi1't1u st1bj'ec'1' to sua c:haac • subject to the otlier provisions contained in this act, there ball be charged tor every financial year commencing on and from in day of april, 1958, - tax (hereinafter referred to as expen- 40 lb rate 01' ra'es specified in the schedule in respect ci upendun irlcued by all1 iiddlual or h __ aiividd ~,~ til previous year: provjded that no expenditu~tax itlall be payab by an aaaesaee in rasped of any aseessmens year if hia total income under the - income-tax act durina the previous year doell !;l0' exceed iooy thou-iuld l"ijpeel , in computine tae expenditure liable to tax under thil act, the amoun •• tollowing amounts shall be included, namely, any expenditure incur-:: =~~ed red, whether directly or indirectly, by a penon other than the assessee expenditiui 10 in respect of any obligation qr personal requiremen of the all6euee or any of hia dependant which, but for the expenditure having been incurred by that other person, wouki have been incurred by the assessee i (1) no expenditure-tax shall be payable under thil act in res- &~ ii pect 01 any such expenditure as is referred to in the following clauses =:; • _ieh has been incurred by ~he assessee, namely: -m certain cim {a) any expenditure, whether in the nature of current expenditure or capital expenditure, incurred by the assessee wholly and exclusively for the purposes of the business, profession, voc 30 tion or occupation carried on by him, but not jncludina any perlonal expenditure; (b) any expenditure incurred in the acquisition or construction of any immovable property; (c) any expenditure incurred by way 01 investment ijl current and fixed deposits, loans, shares and securities; (d) an1 expenditure incurred by way of contribution u capital to a firm or other association of persons in considefation 01 share in the profits of the firm or association; (e) any expenditure incurred by way of repqment o afty ,0 ]pan or other borrowing; (n any expenditure incurred in respect of any gift, donation or settlement on trust or oth-wise for the benefit 01 "y othel' person; (g) any expenditure incurred for paying premiums in respect sf of any policiel of insurance on the life of the assessee or ot any of his dependants or in respect of any health, accident or disability policies of insurance; (h) any expenditure incurred by way ~ contributions to a provident, thrift or superannuation fund; 40 (i) any expenditure incurred by an assessee, who is not a citizen of india, outside india from any income or capital, accrued or rlu_ o,"ide lndil (~) where any expenditure is not wholly and exclusively incurred for any of the purposes specified in sub-section (1), the provisions of that sub-section shall apply in respect of so much of that expenditure as is reasonably attributable to any such purpose blrdualon 6 in compu~ing the taxable expenditure, the following deductions s ~~e and allowances shall be made, namely:-(a) any taxes including the expenditure-tax payable under tpis act, duties, cesses or fees paid to the government or a local authority, but not including-(i) taxes or fees in respect of any conveyance or other 10 movable asset intended for the personal use of the assessee or any of his dependants; (ii) customs duties on articles imported for the personal use of the assessee or ,any of his dependants; (iii) any fine or penalty in respect of an offence under any is law relating to the levy of taxes, duties, cesses or fees; (b) any expenditure incurred by the assessee in respect ot the marriage of any of his dependants, to the extent of rs 5,000 in respect of each such dependant; (c) four-fifths of any expenditure incurred by way of capital 20 expenditure on the purchase of jewellery, ornaments, works of art, furniture and other household goods, motor cars and other conveyances or any other article for the personal use of the assessee or any of his dependants: provided that where a deduction as aforesaid is made, one- 2s fifth of the said capital expenditure shall be deemed to be! incurred by the assessee in each of the four years succeeding the previous year in which the expenditure was actually incurred and no deduction shall be made under this clause in the assessment for any succeeding year in respect of expen~iture so deemed to 30 have been incurred in any earlier year; (d) a basic allowance of rs 24,000 and a further allowance, if claimed, of rs 5,000 in respect of each dependant: provided that the allowance under this clause in respect of any dependant shall be reduced by the amount, if any, of the 3s separate income of such dependant, but so as not to exceed rs 5,000 in any case: provided further th,at where any expenditure claimed by any individual as having been incurred in respect of any of his dependants has been allowed as a deduction from his taxable 40 ' expenditure, the allowance pennissib£e under this clause in the case of a hindu undivided family of which the dependant is a coparcener shall be rs 2,000 / chapter iii 5 (' expenditufte-tax authoritil's'1 every income-tax officer having jurisdiction or exercising &pedditure pqwers as such under the income-tax act in respect of any individual tu omcan o hindu undivided family shall perform the functions of an expendi re-tax officer under this act in respect of such individual or 10 hi u undivided family 8 the board may empower as many persons as it thinks fit to ap~e exerci under this act the functions of an appellate assistant com- ~: missioner of expenditure-tax, and on being jo empowered the appel-=m:re late assistant commissioners of expenditure-tax shall perform their to 15 functions in respect of such areas or such classes of persons as the board may direct, and where such directions have assigned to two or more appellate assistant commissioners the same area or the same classes of persons, they shall perform their functions in accordance with such orders as the board may make for the distribution and 20 allocation of the work to be performed i 9 the board may empower as many persons as it thinks fit to~exercise under this act the functions of a commissioner of expen- ~di:rediture-tax, and on being so empowered the commissioners of expen- to diture-tax shan perform their functions in respect of such areas or 25 such classes of persons as the board may direct, and where such directions have assigned to two or more commissioners of expenditure-tax the same area or the same classes of persons, they shall have concurrent jurisdiction subject' to such orders, if any, as the board may make for the distribution and allocation of the work to 30 be performed 10 the commissioner of expenditure-tax may empower as many i~ persons as he thinks fit to' exercise under this act the functions of ~; an inspecting assistant commissioner of expenditure-tax and on ~ of being so empowered the inspecting assistant commissioners of ex- tu lure-35 penditure-tax shall perform their functions in respect of such areas or such classes of persons' as the commissioner of expenditure-tax may direct, and where such directions have assigned to two or more inspecting assistant commissioners of expenditure-tax the same area or the same classes of persons ihey shall perform their functions 40 in accordance with such orders as the commissioner of expendituretax may make for the distribution and allocation of the work to be performed , jixpeodimre 11 the expenditure-tax omcera shall be subordinate to the com-:x be ':= missioner of expenditure-tax and the inspecting assistant commis-~::u~ the sioner of expenditure-tax within whose jurisdiction they perfol'lll =:nue- their tunctiona tax and ~~ tina auii-tant commillion 01 bxpendi-rue-tax &pend!-ture-tu: authoritica so follow orden, etc the aorcs lz all officers and other persons employed in the execution! ef 5 this ac t shall observe ahd follow the orders, instructions anldoo tions of the board: provided that no orders, instructions, ~ directions mall b given by the board so as to interfere with the discretion of the ppell , assistant commisioner 01 expenditure-tax in the exercise 01 all 10 appella1e functions chapi'er iv assb88mbnt~etura ~ 13 (1) l!yvy person whole expenditure for the previous yea ~&tare was of such an amount al to render him liable to expenditure-tax i, under this act shall bewre the thirtieth lilay ot june of the correeponding assessment year furnish to the expenditure-tax officer a return in the prescllibed form and verified in the prescribed manner setting forth his expenditure for the previous year (2) if the expendtture-tax officer is satisfied that the expenditure -of any person for any year is of such an amount as to render him liabla to expenditure-tax, then, notwithstanding anything contained in sub-section (1), he may aerve a notice upon such a person requiring him to furnish within such period, not being lest than thirty day, as may be specifit!ld in the notice, a return in the prescribed form a, and verified in the prescribed manner and setting forth iuch other particulars as may be required in the notice relating to the expenditure of such person for the previous year mentbned in the notice (3) the expenditure-tax offtcer may, if he is satisfied that jt - necessary to do so, extend the date :l>r the delivery of the return j - under this se~~on 14 if any person has not furnished a return within tbe time allowed under section 13, or having furnished a return under that section discovers any omission or a wronit statement therein, he may furnish a return or a' revised return, as the cue may be, atm any ¥me before ~e a __ meld 11 made is (1) tf the expenditure-tax officer is satisfied without requiring t the presence of the assessee or production by him of any evidence that a return made under section 13 or section 14 is correct and complete, he shall assess the taxable expenditure of the assessee and 5 determine the amount payable by him as expenditure-tax (2) if the expenditure-tax officer is not so satisfied, he shall serve a notice on the assessee, requiring him either to attend in person at his office on a date to be specified in the notice, or to produce or cause to be produced on that date any evidence on which 10 the assessee may rely in support of his return (3) the expenditure-tax officer, after hearing such evidence as the person may produce and such other evidence as he may require on any specified points, shall, by order in writing, assess the taxable expenditure of the assessee and determine the amount payable by 15 him as expenditure-tax (4) for the purpose of making an assessment under this act, the expenditure-tax officer may ~erve on any person, whether he has made a return or not, a notice requiring him to produce or cause to be produced on a date specified in the notice such accounts, records 20 or other documents as the expenditure-tax officer may require (5) if any person fails to make a return in response to any notice under sub-section (2) of section 13 or fails to comply with the terms of any notice issued under sub-section (2) or sub-section (4), the expenditure-tax officer shall make the assessment to the best of 25 his judgment and determine the amount payable by the person ~s expenditure-tax on the basis of such assessment 16 if the expenditure-tax officer-bxpeaditure eec:apida __ 30 35 (a) has reason to believe that by reason of the omission or 1ci8iidedt failure on the part <?f the assessee to make a return of his expenditure under section 13 for any assessment year, or to disclose fully and truly' all material facts necessary for his assessment for that year, the expenditure chargeable to tax has escaped assessment for that year, whether by reason of underassessment or assessment at too iowa rate or otherwise; or (b) has in consequence of any information in his possession reason to believe, notwithstanding that there has been no such omission or failure as is referred to in clause (a), that the expenditure chargeable to tax has escaped assessment for any assessment year, whether by reason of under-assessment or' assessment at too iowa rate or otherwise; he ~ay, in cases falling under clause (a) at any time, and in cases falling under clause (b) at any time within six years of the end of 327 l b-2 that quessment year, serve on the assessee a notice containing a11 or any of the requirements which may be included in a notice under sub-section (2) of section 13, and may proceed to assess or reassess such expenditure, and the provisions of this act shall, so far as may be, apply as if the notice had issued under that sub-section 5 17 (1) if the expenditure-tax officer is satisfied that any person-·alty for cac:ealment (a) has without reasonable cause failed to furnish the return of his expenditure which he is required to furnish under sul>-section (1) or sul>-section (2) of section 13 or section 16, or has without reasonable cause failed to furnish it within the 10 time allowed and in the manner required; or (b) has without reasonable cause failed to comply with a notice under sub-section (2) or sub-section (4) of section 15; or (c) has concealed the particulars of any expenditure or deliberately furnished inaccurate particulars thereof, he may, is by order in writing, direct that such person shall pay by way of penalty-(t) in the case referred to in clause (a), in addition to the amount of expenditure-tax payable by him a sum not exceeding one-and-a-half times the amount of such tax, and 20 (ii) in the case referred to in clause (b) or clause (c), in addition to the amount of expenditure-tax payable by him a sum not exceeding one-and-a-half times the amount of the tax, if any, which would have been avoided if the expenditure returned by such person had been accepted as correct 25 (2) no order shall be made under sub-section (1) unless the person concerned has been given a reasonable opportunity of being heard (3) no prosecution for an offence under this act shall be instituted in respect of the same facts in relation to which a penalty 30 has been imposed under this section (4) the expenditure-tax officer shall not impose any penalty under this section without the previous approval of, the inspecting assistant commissioner of expenditure-tax chapter v liabnity to assessment in special casestu of de-18 (1) where a person dies, his executor, administrator or, other :-s; legal representative shall be liable to payout of the estate of the ible by deceased person to the extent to which the estate is capable of ~:_ meeting the charge, the expenditure-tax assessed as payable by such 40 perso~, or any tax which would have been payable by him under this act if he had not died (2) where a person dies without having furnished a return under the provisions of section 13 or after having furnished a return which 5 the expenditure-tax officer has reason to believe to be incorrect or incomplete, the expenditure-tax officer may tpake an assessment of the expenditure of such person and determine the expendituretax payable by the person on the basis of such assessment, and for this purpose may, by the issue of the appropriate notice which would 10 have had to be served upon the deceased person if he had survived, require from the executor, administrator or other legal representative of the deceased person any accounts, documents or other evidence which might under the provisions of section 15 have been required from the deceased person is (3) the provisions of section 14 shall apply to an executor, administrator or other legal representative as they apply to any person referred to in that section 19 (1) where, at the time of making an assessment, it is brought as8e8idlej?-t to the notice of the expenditure-tax officer that a partition has =r ra-20 taken place among the members of a hindu undivided family, and~:s unthe expenditure-tax officer, after inquiry, is satisfied that such family partition has taken place, he shall make assesjiments on the expenditure of the undivided family as such for the assessment year or years including the year relevant to the previous year in which the 25 partition has taken place, and each member or group of members shall be liable jointly and severally for the tax assessed on the expenditure of the joint family as such (2) where the expenditure-tax officer is not so satisfied, he may, by order, declare that such family shall be deemed for the purposes 30 of this act to continue to be a hindu undivided family liable to be assessed as such chapter vi appeals, revisions and ruerencesz' (1) any person,-3s (a) objecting to the amount of his taxable expenditure ~:,:j;;om determined under this act; or orders ~f expenditure-(b) objecting to the amount of expenditure-tax determined tax oftic:en as payable by him under this act; or (c) denying his liability to be assessed under this act; or ~) objecting to any penalty imposed by the expendituretax officer under section 17; or (e) objecting to any order of the expenditure-tax officer under sub-section (2) of section 19; may appeal to the appellate assistant commissioner against the 5 assessment or order, as the case may be, in the prescribed form and verifted in the prescribed manner (2) an appeal shall be presented within thirty days of the receipt of the notice of demand relating to the assessment or penalty objected to, or the date on which any order objected to is communi- 10 cated to him, but the appellate assistant commissioner may admit an appeal after the expiration of the period aforesaid if he is satisfied that the appellant had sufficient cause for not presenting the appeal within that period (3) the appellate assistant commissioner shall fix a day and is place for the hearing of the appeal and may from time to time adjourn the hearing (4) the appellate assistant commissioner may, before disposing of any appeal, make such further inquiry as he thinks fit or cause further inquiry to be made by the expenditure-tax officer 20 (5) any order passed by the appellate assistant commissioner on appeal may include an order enhancing the assessment or penalty: provided that no order enhancing an assessment or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement z5 (~) a copy of every order passed by the appellate assistant commissioner under this section shall be forwarded to the appellant and the commissioner 21 (1) any assessee objecting t'o an order passed by an appellate appeal to me appellate tdou-dil from orden ~ the appellate alai wit commiaiaden assi~tant commissioner under section 20 may appeal to the appellate 30 tribunal within sixty days of the date on which he is served with notice of such order (2) the commissioner may, if he is not satisfied as to the correctness of any order passed by an appellate assistant commissioner under section 20, direct the expenditure-tax officer to appeal to the 35 appellate tribunal against such order, and such appeal may be made at any time before the expiry of sixty days or the date on which the order is communicated to the commissioner (3) an appeal to the appellate tribunal shall be in the prescribed form, and shall be verified in the prescribed manner and shall 40 except in the case of an appeal referred to in sub-section (2), be accompanied by a fee of one hundred rupees (4) the appellate tribunal may, after giving both parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, and any such orders may include an order enhancing the assessment or penalty: 5 provided that no order enhancing an assessment or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement (5) a copy of every order passed by the appellate tribunal under this section shall be forwarded to the assessee and the commissioner 10 (6) save as provided in section 24 any order passed by the appellate tribunal on appeal shall be final (7) the provisions of sub-sections (5), (7), and (8), of section 5a of the income-tax act shall apply to the appellate tribunal in the discharge of its functions under this act as they apply to it in 15 the discharge of its functions under the income-tax act 22 (1) the commissioner may call for and examine the record ~!j~ of any proceeding under this act and, if he considers that any order aioner to passed therein by an expenditure-tax officer is erroneous in so far ~v~p~~t as it is prejudicial to the interests of revenue, he may, after giving ture-ux, u) the assessee an opportunity of being heard and after making or ~~~~t8 causing to be made such inquiry as he deems necessary, pass such of revenue orders thereon as the circuplstances of the case justify, including an order enhancing or modifying the assessment or cancelling it and directing a fresh assessment 25 (2) no order shall be made under sub-section (1) after the expiry of two years from the date of the order sought to be revised 23 (1) any assessee objecting to an order of enhancement made ~~:if~~ the by the commissioner under section 22 may appeal to the appellate p'dbunal tribunal within sixty days of the date on which the order is com- ~rn ~_ 30 municated to him ment , by comdu8-(2) an appeal to the appellate tribunal under sub-section (1) 8ioner shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of rupees one hundred (3) the tribunal may, after giving the appellant an opportunity 35 of being heard, pass such order thereon as it thinks fit, and shall communicate any such order to the assessee and to the commissioner m (1) within ninety days of the date upon which he is served ref~c:e with an order under section 21 or section 23, the assessee or the com- ~ missioner may present an application in the prescribed form accom-40 panied, where application is made by the assessee, by a fee of one hundred rupees to the appellate tribunal requiring the appellate tribunal to refer to the high court any question of law arising out of such order, ",'and the appellate tribunal shall, if in its opinion a question of law arises out of such order, state the case for the opinion of the high court 5 (2) an application under sub-section (1) may be admitted art~r the expiry of the period of ninety days aforesaid if the tribunal is satisfied that there was sufficient cause for not presenting it within the said period (3) if on an application made under sub-section (1) the appellate 10 tribunal-(a) refuses to state a case on the ground that no question of law arises: or (b) rejects it on the ground that it is time barred; the applicant may, within three months from the date on which he 15 is served with a notice of refusal or rejection, as the case may be, apply to the high court, and the high court may, if it is not satisfied with the correctness of the decision of the appellate tribunal, require the appellate tribunal to state the case to the high court, and on receipt of such requisition the appellate tribunal shall state 20 the case: provided that if in any case where the appellate tribunal has been required by an assessee to state a case the appellate tribunal refuses to do so on the ground that no question of law arises,' the assessee may, within thirty days from the date on which he 25 receives notice of refusal to state the case, withdraw his application, and ,if he does so, the fee paid by him under sub-section (1) shall be' refunded to him (4) the statement to the high court shall set forth the facts, the determination of the appellate tribunal and the question of law 30 which arises out of the case (5) if the high court is not satisfied that the case as stated is sufficient to enable it to determine the question of law raised thereby, it may require the appellate tribunal to make such modifications therein as it may direct 35 (6) the high court, upon hearing any such case, shall decide the question of law raised therein, and in doing so may, if it thinks fit alter the form of the question of law and shall deliver" judgment thereon containing the ground on which such decision is founded and shall send a copy of the judgment under the seal of, the court 40 and the signature of the registrar to the appellate tribunal and the appellate tribunal shall pass such orders as' are necessary to dispose of the case conformably to such judgment (7) the costs of any reference to the high court shall be in the discretion of the court (8) section 5 of the indian limitation act, 1908, shall apply to an application to the high court under this section 5 25 where a case has been stated to the high court under section 24, tl~y it shall be heard by a bench of not less than two judges of the lih rt high court and shall be decided in accordance with the opinion of such judges or of the majority of such judges: provided that where there is no such majority, the judges shall 10 state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the judges of the high court, and such point shall be decided according to the opinion of the majority of, the judges who have heard the case, including those who first heard it 15 26 (1) an appeal shall lie to the supremecou~ from any judg- appeal to ment of the high court delivered on a case stated under section ~ ~~~pftdlc in any case which the high court certifies as a fit case for appeal to the supreme court (2) where the judgment of the high court is varied or reversed 20 on appeal under this section, effect shall be given to the order of the supreme court in the manner provided in sub-section (6) of section 24 (3) the high court may, on application made to it for the execution of any order of the supreme court in respect of any costs 25 awarded by it, transmit the order for execution to any court subordina te to the high court chapi'er vii payment and recovery of expenditure-tax27 when any tax or penalty is 'due in consequence of any ord~r nodcedof 30 passed under this act, the expenditure-tax officer shall serve' upon dejdid - the assessee or other person liable to pay such tax or penalty a notice of demand in the prescribed form specifying the sum so payable and the, time within which it shall be paid '28 (1) any amount specified as payable in a notice of demand recovery of 35 issued under section 27 shall be paid within the time, at the place, ~~ and to the person mentioned in the notice, or if no time is so mentioned, then on or before the first day of the second month following, the day of service of the notice and any assessee failing so to pay shall be deemed to be in default (2) notwithstanding anything contained in this section where an assessee has presented an appeal under section 20 the expenditure-tax officer may in his discretion treat the assessee as not being in default as long as such appeal is undisposed of mode of recovery 29 the provisions of sub-sections (1), (ia), (2), (3), (4), (s), (sa), s (6) and (1) of section 46 of the income-tax act shall apply as if the said provisions were provisions of this act and referred to expenditure-tax instead of to income-tax and to expenditure-tax officer and commissioner of expenditure-tax instead of to income-tax officer and commissioner of income-tax 10 chapi'er viii miscellaneousrec:dficauon 30 at any time within four years from the date of any order of mistakesj passed by him, or it, the commissioner, the expenditure-tax officer, the appellate assistant commissioner or the appellate lribunal is may, on his, or its, own motion rectify any mistake apparent from the record and shall, within a like period, rectify any such mistal~e which has been brought to the notice of the commissioner, the expenditure-tax officer, the appellate assistant commissioner or the appellate tribunal, as the case may be, by an assessee: 20 provided that no such rectification shall be made which has the effect of enhancing an assessment unless the assessee has been given a reasonable opportunity of being heard in the matter 31 (1) if a person fa us without reasonable cause--proiecutiodl (a) to furnish in due time any return mentioned in section 2s 13, (b) to produce, or cause to be produced on or before the date mentioned in any notice under sub-section (2) or sub-section (4) of section 15 such accounts, records and documents as are referred to in the notice; 30 he shall, on conviction before a' magistrate be punishable with fille which may extend to ten rupees for every day during which the default continues (2) if it person makes a statement in a verification ment;oned in section 13, section 20, section 21, or section 23, which is false, and 3s which he either knows or believes to be false, or does not believe to be true, he shall be punishable with simple imprisonment which may extend' to one year or with fine which may extend to one thousand rupees or with both (3) a person shall not be proceeded against for an ollence under,o this seetion except at the instance of the coptmissioner (4) the commissioner may either before or after the instituti» of proceedings compound any such offence explanation-for the purposes of this section 'magistrate' meaa~ a presidency magistrate, a magistrate of the first class, or a magts-, trate of the second class specially empowered by the central government to try offences under this act ' 32 the commissioner, the expenditure-tax officer, the appellate powet to assistant commissioner and the appellate tribunal shall, for the::e ~ purposes of this act, have the same powers as are vested in a court etc j 01 ltol 10 under the code of civil procedure, 1908, when trying a suit in respect o~ ,the following matters, namely:-(a) enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; is (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses; and any proceeding before the commissioner, the expenditure-tax offieer, the appellate assistant commissioner or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning , of 1160 20 of sections 193 and 228 of the indian penal code 33 where for the purposes of determining the expenditure-tax informadea payable by any person, it appears necessary for the expenditure-lax :=a~ officer to obtain any statement or information from any individual, hindu undivided family, company or any other person, the expendi-2s ture-tax officer may serve a notice requiring such individual, hindu undivided family, company or other person on or before a date to be therein specified, to furnish such statement or information on the points specified in the notice, and the individual, the manager of the hindu undivided family, the principal officer of the 30 company or other person, as the case may be, shall, notwithstanding anythmg in any law to the contrary, be bound to furnish such statement or information to the expenditure-tax officer 34 whenever in respect of any proceeding under this act any bffcct of expenditure-tax authority ceases to exercise jurisdiction and is sue-=0: 3s ceeded by another who has and exercises such jurisdiction, the 00 peo~ authority so succeeding may continue the proceedina from the stage proceed", at which the proceeding was left by his predecessor 35 in computing the period of limitation prescribed for an appeal ~tati08 under this act or for an application under section 24, the day od = c:::a 40 which the order complained of was made and the time requisite lor obtaining a copy of such order shall be excluded 127 l b-3 service of notice 36 (1) a notice 01' a requisition under this act may be served on the person therein named either by post or as if it were a summons issued by a court under the code of civil procedure, 1908 s of 1901 (2) any such notice or requisition may, in the case of a hindu undivided family be addressed to the manager or any adult male 5 member of the family problbition of dildolure olinformatiod 37 (1) subject to the provisions contained in sub-section (2), the provisions of section 54 of the income-tax act shall apply to all accounts or in relation to statements, documents, evidence or affidavits given, produced or obtained in connection with or in the course of 10 any proceeding under this act, as they apply to or in relation to similar particulars under that act, subject to the modification that the reference to 'any income-tax authority' in clause (d) of subsection (2) and to the commissioner in sub-section (5) of section 54 of that act shall be construed as a reference to any expenditure-tax is authority and to the commissioner of expenditure-tax respectively (2) nothing contained in section 54 of the income-tax act sh~l apply to the disclosure ot any such particulars as are referred to in sub-section (1) to any person acting in the execution of this act or the income-tax act or the estate duty act, 1953, or the wealth tax 20 34 of 1953 act, 1957, where it is necessary or desirable to disclose the same to him for the purpose of this act or any of the other acts aforesaid 38 save as otherwise provided in this act, no suit shall lie in any civil court to set aside or modify any assessment made under this act, and no prosecution, suit or other legal proceeding shall lie 25 againliit any officer of the government for anything in good faith done or intended to be done under this act s9 any assessee who is entitled to or required to attend before any expenditure-tax authority or the appellate tribunal in connection with any proceeding or inquiry under this act, except where 30 he is required under this act to attend in person, may attend by a person authorised by him in writing in this behalf, being a relative of, or a person regularly employed by, the assessee, or a legal practitioner or a chartered accountant explanation-for the purposes of this section,-35 (a) the expression 'a person regularly employed by the assessee' includes any officer of a scheduled bank with which the assessee maintains a current account or has other regular dealings; (b) 'chartered accountant' means a chartered accountant as ~ defined in the chartered accountants act, 1949 to (1) the board may, by notification in the official gazette, power to make rules make rules for carrying out the purposes of this act (2) in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for--s (a) the form in which returns under this act shall be made, and the manner in which they shall be verified; (b) the form in which appeals and applications under this act may be made, and the manner in which they shall be verified; 10 (c) the form of any notice of demand under this act; (d) any other matter which has to be or may be prescribed for the purposes of this act (3) all rules made under this act shall be laid before each house of parliament, as soon as may be, after they are made, and shall be is subject to such modifications as parliament may make durir-g the session in which they are so laid or the session immediately following (see section 3)rates or explendlture-tax in the case of every individual and hindu undivided family, on that portion of the taxable expenditure-(i) which does not exceed rs 10,000; 10% (ii) which exceeds rs 10,000, but does not exceed rs 20,000; 20% exceed (iii) which exceeds rs 20,000 but does not rs30,000; 40% exceed (iv) which exceeds rs 30,000 but does not rs 40,000; 60% exceed (v) which exceeds rs 40,000 but does not rs 50,000; (vi) which exceeds rs 50,000 80% 100% statements of objects and reasonsthe object of this bill is to imp5e iu1 annual tu on pel'llonal itiqiipmiituret above a presaribed level, of individuals ~d h1adu undivided tamilieljl such a tax in addition to being a deterredt to ppqlilive pereoll,! qxpenditure and an incentive for savings also fonaa a jligpuicant ~ ot an integrated tax structure new delhi; t t kjusanamacllari this bill proposes a levy of tax with effect from 1st april, 1958, on expenditure of individuals and hindu undivided famiues though this is a new tax, the procedure for assessment and collection of this tax is very much allied 'to that of taxes on income it is accordingly proposed that for the time being the tax be administered by the income-tax department and that no separate administrative machinery need be set up the existing pressure of work on the income-tax department, is however, already quite heavy this pressure is likely to increase further on acilcount of the proposed lowering of the minimum tax-· able limits it will, therefore, be necessary to expand adequately the staff at various levels of the departmental cadres the increase of personnel, along with incidental expenses of admjnistration is estimated to cost rs 8 lakhs per annum ultimately actual recruitment of staff will, however, be made as and when it is found really necessary etimatednumber of assessment : () individual8 (b) hindu undivided families ii requirements of personnel and finance ojftcers- i no of inspecting asst co'mmissioners & appellate asllt commissioners (1+2) 3 3xi200xi2 = rs 43,200 2 no of income-tax officers taking the average disposal per i t o per annum at 300 20 20x 500 x 12 = rs 1,20,000 sf4fj 3 no of inspectors 10 lox 2s0x 12 ::::a rs 30,000 4 no of supe1visors 4 4x 3s0x 12 = rs 16,800 5 no of head clerks 10 lox 2s0xi2 rs 30,000 6 no of upper division clerks 50 sox isoxi2 = rs 90,000 7 no of lower division clerks 30 30x i20x 12 == rs 43,200 8 no of stenographers 3 3x isox 12 == rs 5t400 9 no of stenotypists 20 20x 140x 12 == rs 33,600 rs 5 lakhs say incidental expenses including class iv staft' and contingencies etc rs 3 lakhs total ra 8 lakhs clause 40 of the bill authoria tlie central board of reveilue to make rules with respect to matters like the fcmn in which the returns may be made under the ad, the form in w1rl& the appeals should be ftled or notices of demand issued the rule making power is thus of a normal character billto provide for the levy of a tax on expenditure the president has, in pursuance of clauses (1) and (3) of article ii7 of the constitution of india, recommended to' the lok sabha, the introduction and consideration of the bill m n kaul, secretary ($iwi t t krisnntjmachari, jli"i", of finance) gipnd-ls 1-327 ls-16-5-s7-i"	Parliament_bills	86c324d9-6059-598d-8af0-ff15a1da84a2
rajya sabha———— a billfurther to amend the constitution of india————(shri hans raj bhardwaj, minister of law and justice)mgipmrnd—2108rs(s5)—03052008	Parliament_bills	39097a24-070b-5efd-b63d-4ccbcd788256
bill no lviii of 2013 the drugs and cosmetics (amendment) bill, 2013 a billfurther to amend the drugs and cosmetics act, 1940be it enacted by parliament in the sixty-fourth year of the republic of india as follows:— 1 (1) this act may be called the drugs and cosmetics (amendment) act, 2013short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:5provided that different dates may be appointed for different provisions of this act, andany reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision\| 23 of 1940 \| amendment \|\|---------------------------------------------------------------------------------------------\|--------------------------------------------------------------------------------------\|\| of long title \| \|\| and preamble \| \|\| 10 \| \|\| 2 \| in the drugs and cosmetics act, 1940 (hereinafter referred to as the principal act), \|\| for the long title and first paragraph of the preamble, the following shall be substituted, \| \|\| namely:— \| \|"an act to regulate the import, export, manufacture, distribution and sale of drugs, cosmetics and medical devices to ensure their safety, efficacy, quality and conduct of clinical trials and for matters connected therewith or incidental theretowhereas it is expedient to regulate the import, export, manufacture, distribution and sale of drugs, cosmetics and medical devices to ensure their safety, efficacy, quality and conduct of clinical trials and for matters connected therewith or incidental thereto"a m e n d m e n t of section 153 in section 1 of the principal act, in sub-section (1), for the words "and cosmetics", the words ", cosmetics and medical devices" shall be substituted4 throughout the principal act, for the word "inspector", wherever it occurs, the words "drugs control officer" shall be substitutedsubstitution of words "drugs control officer" for word "inspector" amendment of section 22 of 1930 61 of 19855 in section 2 of the principal act, for the words and figures "the dangerous drugs act, 1930", the words and figures "the narcotic drugs and psychotropic substances act, 1985" shall be substituted106 in section 3 of the principal act,––amendment of section 3(i) after clause (a), the following clauses shall be inserted, namely:––15'(aa) "bioavailability study" means a study to assess the rate and extent to which the active drug is absorbed from a pharmaceutical formulation and becomes available in the systemic circulation or availability of drug at the site of action;20(ab) "bioequivalence study" means a study to establish the absence of a significant difference in the rate and extent of absorption of an active drug from a pharmaceutical formulation in comparison to the reference formulation having the same active drug when administered in the same molar dose under similar conditions;'; (ii) in clause (aa), after sub-clause (ii), the following sub-clause shall be inserted, namely:––"(iii) in relation to medical devices, the medical device technical advisory board constituted under section 5a;";25(iii) after clause (aa), the following clauses shall be inserted, namely:––'(ab) "central drugs authority" means the central drugs authority of india constituted under sub-section (1) of section 4a;30(ac) "central drugs laboratory" means a drug testing laboratory established by the central government, by whatever name, for carrying out the functions assigned to it under this act and rules made thereunder;(ad) "central licensing authority" means the drugs controller general of india designated as such under sub-section (2) of section 4j;(ae) "chairperson" means the chairperson of the central drugs authority;35(af) "clinical trial" means––40(i) in respect of drugs, any systematic study of new drug, investigational new drug or bioavailability or bioequivalence study of any drug in human subjects to generate data for discovering or verifying its clinical, pharmacological (including pharmacodynamic and pharmacokinetic) or adverse effects with the objective of determining safety, efficacy or tolerance of the drug;45(ii) in respect of cosmetics, the systematic study, including dermatological study, of a cosmetic including a new cosmetic on human subjects to generate data for discovering or verifying its adverse effects with the objective of determining safety, efficacy or tolerance of the cosmetic;(iii) in respect of medical devices, the systematic clinical investigation or study of a medical device, investigational medical device or a new medical device, in, or on human subjects to assess the safety or performance of the medical device;';5(iv) in clause (aaa), after the words "component of cosmetic", the words "and includes new cosmetic" shall be inserted;(v) in clause (b),––(a) in sub-clause (ii), after the words "destruction of vermin or insects", the words "or microbes" shall be inserted;(b) sub-clause (iv) shall be omitted;10(c) after sub-clause (iv), the following sub-clause shall be inserted, namely:––15'(v) any new drug for which permission has been granted by the central licensing authority under the first proviso to clause (c) of sub-section (1) of section 18explanation i––in this sub-clause, "new drug" means––20 (i) a drug, including bulk drug substance, which has not been used in the country to any significant extent under the prescribed conditions, recommended or suggested in the labelling thereof and has not been recognised as effective and safe by the central licensing authority for the expected claims and its limited use, if any;25(ii) a drug approved by the central licensing authority for certain claims, which is proposed to be marketed with modified or new claims, namely, indications, dosage, dosage form (including sustained release dosage form) and route of administration;30(iii) a fixed dose combination of two or more drugs, individually approved earlier for certain claims, which are proposed to be combined for the first time in a fixed ratio, or if the ratio of ingredients in a marketed combination is proposed to be changed, with certain claims, namely, indications, dosage, dosage form (including sustained release dosage form) and route of administration;35(iv) all vaccines, recombinant deoxyribonucleic acid derivedproducts, living modified organisms, monoclonal anti-bodies, stem cells, gene therapeutic products and xenografts which are intended to be used as drugs;40explanation ii––a new drug shall continue to be a new drug for such period as may be prescribed except the type of new drug specified in clause (iv) of explanation i which shall always remain a new drug;';(vi) after clause (b), the following clauses shall be inserted, namely:––'(ba) "drugs control officer" means––(i) in relation to ayurvedic, siddha or unani drug, a drugs control officer appointed by the central government or a state government under section 33g;(ii) in relation to any other drug or cosmetic, a drugs control officer appointed by the central drugs authority or a state government under section 21;(iii) in relation to any medical device, the medical device officer appointed by the central drugs authority under section 7h;5(bb) "drugs controller general of india" means an officer appointed by the central government under sub-section (1) of section 4g;(bc) "ethics committee" means the ethics committee constituted under section 4t;';10(vii) in clause (c), in sub-clause (ii), for the words "central government", the words "central drugs authority" shall be substituted;(viii) after clause (c), the following clauses shall be inserted, namely:––'(d) "indian pharmacopoeia" means the official book of standards for drugs which specifies the standards of identity, purity and strength for the drugs mentioned therein;15(da) "investigational medical device" means a device, which is an object of a clinical investigation or research or development involving one or more subjects to determine the safety or effectiveness of a device;(db) "investigational new drug" means chemical entity or substance which is under investigation in clinical trial regarding its safety and efficacy and which is required to be approved by the central drugs authority;20(dc) "investigator" means a person who is responsible for the conduct of a clinical trial and responsible for the rights, health, safety and well being of the study subjects on the study site;'; (ix) clause (e) shall be omitted;25(x) for clause (f), the following clause shall be substituted, namely:––'(f) "manufacture" means––30(i) in relation to any drug (except human blood and its components, or any cosmetic) includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adapting any drug or cosmetic with a view to its sale, export, stocking or distribution but does not include the compounding or dispensing of any drug, or the packing of any drug or cosmetic, in the ordinary course of retail business;35(ii) in relation to human blood and its components includes any process or part of a process of collection, processing, storage, packing, labelling and testing for its use, sale, export or distribution for transfusion in human beings;40(iii) in relation to any medical device, includes any process or part of process for making, assembling, altering, ornamenting, finishing, packing, labelling, or adapting any medical device with a view to its sale or stock or export or distribution but does not include assembling or adapting a device already on the market for an individual patient;';(xi) after clause (f), the following clauses shall be inserted, namely:––'(fa) "medical device" means––45(i) any instrument, apparatus, appliance, implant, material or other article, whether used alone or in combination, including the software, intended by its manufacturer to be used specially for human beings or animals for one or more of the specific purposes of,––(a) diagnosis, prevention, monitoring, treatment or alleviationof any disease or disorder;5(b) diagnosis, monitoring, treatment, alleviation of, orassistance for, any injury or handicap;(c) investigation, replacement or modification or support ofthe anatomy or of a physiological process;(d) supporting or sustaining life;10(e) disinfection of medical devices; (f) control of conception,and which does not achieve its primary intended action in or on the human body or animals by any pharmacological or immunological or metabolic means, but which may be assisted in its intended function by such means;15(ii) an accessory to such an instrument, apparatus, appliance, materialor other article;20(iii) a device which is reagent, reagent product, calibrator, control material, kit, instrument, apparatus, equipment or system whether used alone or in combination thereof intended to be used for examination and providing information for medical or diagnostic purposes by means of in vitro examination of specimens derived from the human body or animals;(iv) any new medical device;(fb) "member" means a member of the central drugs authority and includes the chairperson and the member-secretary;';25(xii) in clause (h), in sub-clause (ii), for the words "central government", the words "central drugs authority" shall be substituted;(xiii) after clause (i), the following clauses shall be inserted, namely:—30'(j) "protocol" means a document that states the background, objectives, rationale, design, methodology (including but not limited to the methods for dealing with adverse events or withdrawals) and statistical considerations of the clinical trial and also states the conditions under which the trial shall be performed and managed;(k) "regulations" means the regulations made by the central drugs authority under this act;35(l) "sponsor" means and includes an investigator, an individual or a company or an institution responsible for the initiation, financing and management of a clinical trial;(m) "state government" includes the administrator of a union territory appointed by the president under article 239 of the constitution;40(n) "state licensing authority" means an officer designated as such by the state government under sub-section (3) of section 7f or sub-section (2) of section 18;(o) "schedule" means a schedule appended to this act;'7 after chapter i of the principal act, the following chapters shall be inserted, namely:—insertion of new chapter ia and chapter ib 'chapter ia central drugs authority54a (1) the central government shall, by notification in the official gazette, constitute an authority to be known as the central drugs authority to exercise the powers conferred on, and perform the functions assigned to it by or under this actconstitution of central drugs authority(2) the central drugs authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued10(3) the head office of the central drugs authority shall be in the national capital region(4) the central drugs authority may, with the prior approval of the central government, by notification in the official gazette, establish its offices at such other places in india as it considers necessary154b (1) the central drugs authority shall consist of the following, namely:––composition of central drugs authority20(a) secretary to the government of india, ministry of health and family welfare, department of health and family welfare–– chairperson, ex officio;(b) secretary to the government of india, ministry of health and family welfare, department of ayurveda, yoga and naturopathy, unani, siddha and homoeopathy–– member, ex officio;25(c) secretary, department of aids control and director general, national aids control organisation, ministry of health and family welfare –– member, ex officio;(d) secretary to the government of india, ministry of commerce and industry, department of commerce–– member, ex officio;(e) secretary to the government of india, ministry of chemicals and fertilisers, department of pharmaceuticals–– member, ex officio;30(f) secretary, department of health research and director general, indian council of medical research, ministry of health and family welfare –– member, ex officio;35(g) secretary to the government of india, ministry of science and technology, department of bio-technology–– member, ex officio;(h) director general health services, directorate general of health services, new delhi––member, ex officio;40(i) additional secretary or joint secretary and legislative counsel in the legislative department, ministry of law and justice in charge of the group dealing with the work relating to the ministry of health and family welfare–– member, ex officio;(j) additional secretary or joint secretary in charge of the drugs qualitycontrol division in the ministry of health and family welfare–– member, ex officio;(k) four experts having such qualifications and experience to be nominated by the central government in such manner as may be prescribed–– member;(l) four state licensing authorities to be nominated by the central government in such manner as may be prescribed–– member;(m) drugs controller general of india–– member-secretary, ex officio5(2) the members appointed under clause (k) of sub-section (1) shall hold office for a period of three years from the date of their nomination, and shall be eligible for re-nomination;10(3) the central drugs authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meeting and allowances payable to a member for attending such meetings as may be specified by regulations 4c (1) on and from the date of constitution of the central drugs authority,—15(a) any reference to the central drugs standards control organisation inany law other than this act or in any contract or other instruction shall be deemed as a reference to the central drugs authority;(b) all properties and assets, movable and immovable, of, or belonging to,the central drugs standards control organisation, shall vest in the central drugs authority;20(c) all rights and liabilities of the central drugs standards controlorganisation shall be transferred to, and be the rights and liabilities of, the central drugs authority;transfer of assets, liabilities, etc, of central drugs standards control organisation to central drugs authority constituted under this act and other provisions, etc25(d) without prejudice to the provisions of clause (c), all debts, obligationsand liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the central drugs standards control organisation immediately before the said date, for or in connection with the purpose of the said central drugs standards control organisation shall be deemed to have incurred, entered into or engaged to be done by, with or for, the central drugs authority;30(e) all sums of money due to the central drugs standards controlorganisation immediately before that date shall be deemed to be due to the central drugs authority;35(f) all suits and other legal proceedings instituted or which could havebeen instituted by or against the central drugs standards control organisation immediately before that date may be continued or may be instituted by or against the central drugs authority;40 45(g) every employee of the central drugs standards control organisation holding any office under the central drugs standards control organisation immediately before that date shall hold his office in the central drugs authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the central drugs authority had not been constituted and shall continue to do so as an employee of the central drugs authority or until the expiry of the period of six months from that date if such employee opts not to be the employee of the central drugs authority within such period:provided that the salaries, allowances and other conditions of service of such employees shall not be varied to their disadvantage on exercise of their option to become the employee of the central drugs authority14 of 1947(2) notwithstanding anything in the industrial dispute act, 1947 or in any other law for the time being in force, absorption of any employee by the central drugs authority in its regular service under this section shall not entitle such employee to any compensation under that act or any other law and no such claim shall be entertained by any court, tribunal or other authority5member not to participate in meetings incertain cases104d any member having any direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the central drugs authority, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the authority, and the member shall not take any part in any deliberation or decision of the authority with respect to that matter4e no act or proceeding of the central drugs authority shall be invalidated merely by reason of––vacancies, etc, not to invalidate proceedings15(a) any vacancy in, or any defect in the constitution of, the central drugsauthority; or(b) any defect in the nomination of a person as a member of the centraldrugs authority; or(c) any irregularity in the procedure of the authority not affecting themerits of the caseresignation204f a member of the central drugs authority nominated under clause (k) ofsub-section (1) of section 4b may, by notice in writing under his hand addressed to the central government, resign his office:25provided that the member shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon office or until the expiry of his term of office, whichever is the earliestappointment of drugs controller general of india4g (1) the central government shall appoint the drugs controller general ofindia or other person having such specialised qualifications and experience as may be prescribed to perform the functions and discharge the duties assigned to the drugs controller general of india by or under this act30(2) the salaries, allowances and pensions payable to the drugs controller general of india, appointed under sub-section (1) shall be such as may be determined by the central government35staff of central drugs authority4h (1) the central government may, in consultation with the central drugs authority create, such number of posts as it considers necessary for the efficient discharge of the functions and exercise of the powers by the central drugs authority under this act40(2) the manner of appointment of officers and employees of the central drugs authority, their salaries, allowances and pension and other conditions of service shall be such as may be determined by the central drugs authority by regulations with the approval of the central government4-i the central drugs authority shall––powers and functions of central drugs authority(a) specify, by regulations, the guidelines, norms, structures and requirements for effective functioning of the central licensing authority and the state licensing authorities;45(b) assess periodically the functioning of the central licensing authority and the state licensing authorities;(c) have power to issue directions to the central licensing authority and the state licensing authorities to ensure compliance with the guidelines, norms, structures and requirements specified by it under clause (a);(d) review, suspend or cancel any permission, licence or certificate issued by the central licensing authority or the state licensing authorities;5(e) specify, by regulations, the fees or charges for issue or renewal of licences, certificates, approvals and permissions by the central licensing authority and the state licensing authorities;10(f) coordinate, mediate and decide upon the disputes arising out of the implementation of the provisions of the act and rules and regulations made thereunder between two or more states licensing authorities;(g) constitute such committees or sub-committees as it considers necessary for the efficient discharge of its functions and exercise of its powers under this act;15(h) recommend to the central government the measures as regards the standards of drugs, cosmetics and medical devices for effective implementation of the provisions of this act;(i) perform such other functions as may be prescribed by the central government204j (1) the drugs controller general of india shall exercise the powers conferred upon him under this act or the rules made thereunderpowers and functions of drugs controller general of india(2) the drugs controller general of india shall act as the central licensing authority and shall have powers to––25(a) issue, renew, suspend or cancel licences or certificates or permission, as the case may be, for import, export or manufacture of drugs, cosmetics or medical devices or permission for conducting clinical trials;(b) recall or direct to recall any drug, cosmetic or medical device; (c) collect the fees or charges for issue or renewal of licences, certificates, approvals and permissions issued by the central licensing authority under this act;30(d) discharge any other functions as may be assigned to him by the central drugs authority;35(3) the drugs controller general of india may, with the prior approval of the central drugs authority, delegate such of his powers to the officers of the central drugs authority as may be considered necessary(4) the drugs controller general of india shall be the legal representative of the central drugs authority, and shall be responsible for day-to-day administration of the central drugs authority40(5) the drugs controller general of india shall have administrative control over the officers and employees of the central drugs authoritygrants by central government4k the central government may, after due appropriation made by parliament by law in this behalf, make to the central drugs authority grants of such sums of money as are required by itaccounts and audits4l (1) the central drugs authority shall maintain proper accounts and otherrelevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor- general of india5(2) the accounts of the central drugs authority shall be audited by thecomptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the central drugs authority to the comptroller and auditor-general10(3) the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the central drugs authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally has, in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the central drugs authority1520(4) the accounts of the central drugs authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and that government shall cause the same to be laid, as soon as may be after it is received, before each house of parliamentannual report4m (1) the central drugs authority shall prepare every year an annual report insuch form and manner and at such time as may be prescribed by the central government, giving summary of its activities during the previous year and copies of the report shall be forwarded to the central government25(2) a copy of the report forwarded under sub-section (1) shall be laid, as soon asmay be after it is received, before each house of parliamentpower to make rules304n (1) the central government may, after consultation with or on therecommendation of the central drugs authority and subject to previous publication, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this chapter(2) without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—(a) the form and manner in which the accounts of the central drugs authority shall be maintained under sub-section (1) of section 4l;35(b) the form and manner in which and the time within which annual report is to be prepared under sub-section (1) of section 4mpower to make regulations4-o (1) the central drugs authority may, with the approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder40(2) in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:—(a) the allowances payable to a member for attending the meetings of the central drugs authority under sub-section (3) of section 4b;45(b) the manner of appointment of the officers and employees of the central drugs authority, their salaries, allowances and pension and other conditions of service under sub-section (2) of section 4h;(c) the matters specified under clauses (a) and (e) of section 4-i;(d) the functions of the central drugs laboratory and the functions of the director of the central drugs laboratory under the proviso to sub-section (1) of section 650 chapter ib clinical trials\| no \| clinical \|\|-----------------------------------------------------------------------------------------\|------------\|\| trial without \| \|\| permission \| \|\| 5 \| \|\| 4p ( \| 1 \|\| drug or investigational new drug or medical device or investigational medical device or \| \|\| cosmetic or bioavailability or bioequivalence study of any drug in human subjects \| \|\| except under, and in accordance with, the permission granted by the central licensing \| \|\| authority in such manner as may be prescribed \| \|(2) no person shall initiate or conduct any clinical trial unless it is approved by the ethics committee constituted under section 4t, in such manner as may be prescribed10(3) no person shall initiate or conduct any clinical trial before it is registered withthe central drugs authority in such manner as may be prescribed15(4) no permission from the central licensing authority under this chapter shallbe required to initiate or conduct any bioequivalence or bioavailability studies of approved drugs by the government institutes, hospitals, autonomous medical or pharmacy institutions for academic or research purposesdecision4q in case of injury or death of a person in course of a clinical trial, whether suchinjury or death has been caused due to the clinical trial, shall be decided by the drugs controller general of india or such authority in such manner as may be prescribed204r (1) in case of a person having been injured as a result of his participation ina clinical trial, he shall be provided by the person conducting the clinical trial, such medical treatment in such manner as may be prescribedmedical treatment andcompensation for injury due to clinicaltrial25(2) in case injury or death of a person occurs due to the clinical trial, the personconducting such clinical trial shall give him, or as the case may be, his legal heir, such compensation as may be decided by the drugs controller general of india or such authority, in such manner as may be prescribed304s notwithstanding anything contained in this chapter, the central licensingauthority may, in public interest, abbreviate, defer or omit the pre-clinical and clinical data requirements for approval of clinical trial of drugs indicated in life threatening or serious diseases or diseases of special relevance to the countrydeferment of clinical data requirements by the central l i c e n s i n g authority registration of ethicscommittee4t (1) the ethics committee, constituted for the purpose of giving approval toa clinical trial protocol and other related matters, shall be registered with the central licensing authority in such manner as may be prescribed(2) the registration of the ethics committee shall be valid for a period of fiveyears and may be renewed in such manner as may be prescribed35composition of ethicscommittee4u (1) the ethics committee shall consist of at least seven members includingthree or more persons from medical field, one legal expert, one social scientist and one person from community having such qualifications and experience as may be prescribed40\| ( \| 2 \| ) the ethics committee shall appoint, from amongst its members, a chairperson \|\|--------------------------------------------------------------------------\|-----\|---------------------------------------------------------------------------------\|\| (who is from outside the institution), and a member-convenor \| \| \|\| 4v ( \| 1 \| ) the ethics committee shall give its approval to the clinical trial protocol \|\| and other related documents in such manner as may be prescribed \| \| \|\| functions and \| \| \|\| responsibili- \| \| \|\| ties of ethics \| \| \|\| committee \| \| \|\| ( \| 2 \| ) the ethics committee shall be responsible to safeguard the rights, safety \|\| and well being of all trial participants enrolled in the clinical trial \| \| \|45(3) the ethics committee shall make periodic review of the trial, based on thestudy progress reports furnished by the investigators, or monitoring and internalaudit reports furnished by the sponsor, or by visiting the study sites in such manner as may be prescribed5(4) the ethics committee shall have power to revoke its approval to a clinical trial, for reasons to be recorded in writing and shall communicate such decision to the investigator as well as to the central licensing authority(5) the ethics committee shall perform such other functions and responsibilities as may be prescribedaction against ethics committee104w (1) in case the ethics committee fails to discharge its functions andresponsibility under this act, action shall be taken by the central licensing authority against the ethics committee for suspension or cancellation of its registration(2) on the suspension or cancellation of the registration of the ethics committee under sub-section (1), the central licensing authority shall review the approval granted by the ethics committee for continuance or otherwise of the clinical trial in such manner as may be prescribed15(3) if the registration of the ethics committee is cancelled under sub-section (1), the members of such committee shall be disqualified for becoming a member of any other ethics committee for a period of five years under this actinspection by drugs control officer, etc20254x any person conducting clinical trial shall allow the drugs control officer or medical device officer of the central drugs authority or any other officer authorised by the central licensing authority to enter with or without prior notice into any premises related to clinical trial to inspect the facilities, any record, data, documents, books, drugs including investigational new drugs, medical devices including investigational medical devices and cosmetics and that officer can seek clarifications, information and records wherever required so as to ensure that the clinical trial is being conducted in accordance with the provisions of this act and the rules made thereunder304y every person, sponsor, clinical research organisation or any other organisation or investigator conducting a clinical trial or his agent shall, if so required, disclose to the drugs control officer or the medical device officer or any other officer authorised by the central licensing authority, the name, address and other particulars of the persons involved in conducting the clinical trials, including the trial participantsdisclosure of name, address, etc, of persons involved in clinical trials maintenance of records and furnishing of information354z every person, sponsor, clinical research organisation or any other organisation or investigator conducting a clinical trial or his agent holding a permission under this chapter shall keep and maintain such data, records, registers and other documents as may be prescribed and shall furnish such information as may be required by the central drugs authority or any officer authorised by it404za whoever, himself or by any other person on his behalf, conducts clinical trial with any drug or investigational new drug or any medical device or investigational medical device in contravention of section 4p and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which may extend to ten lakh rupees:45penalty forc o n d u c t i n g clinical trial of any drug or investigational new drug or any medicaldevice or investigational medical device without permissionprovided that whoever, himself or by any other person on his behalf, conducts clinical trial with any drug or investigational new drug or medical device or investigational medical device in contravention of the provisions of section 4p and the rules made thereunder, which caused grievous hurt to or death of any trial participant of clinical trial, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and shall also be liable to fine which shall not be less than twenty lakh rupees:50provided further that the fine imposed under this section shall be paid to the trial participant or, as the case may be, his legal heirs:provided also that any person convicted of an offence under this section shall not be permitted to conduct any clinical trial\| penalty \|\|---------------------------------------------------------------------------------------\|\| repeat offence \|\| 5 \|\| 4zb whoever, having been convicted of an offence under section 4za, is again \|\| convicted under that section, shall be punishable with imprisonment for a term which \|\| shall not be less than five years but which may extend to ten years and shall also be \|\| liable to fine which shall not be less than thirty lakh rupees \|104zc whoever, himself or by any other person on his behalf, conducts clinical trials with cosmetics in contravention of section 4p and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than two years and shall also be liable to fine which shall not be less than five lakh rupees:penalty for conducting clinical trial of cosmetics without permission15provided that whoever, himself or by any other person on his behalf, conducts clinical trials with any cosmetics in contravention of the provisions of section 4p and the rules made thereunder, which caused grievous hurt or death of trial participant of the clinical trial shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than ten lakh rupees:provided further that the fine imposed under this section shall be paid to the trial participant or, as the case may be, his legal heirs:20provided also that any person convicted of an offence under this section shallnot be permitted to conduct any clinical trialpenalty for repeat offence4zd whoever having been convicted of an offence under section 4zc, is again convicted under that section, shall be punishable with imprisonment for a term which shall not be less than five years and shall also be liable to fine which shall not be less than five lakh rupees25\| penalty \| for \|\|---------------\|-------\|\| violation \| of \|\| conditions of \| \|\| permission \| \|304ze whoever, himself or by any other person on his behalf, conducts clinical trials with any drug or investigational new drug or medical device or investigational medical device or cosmetic in contravention of conditions of permission issued under section 4p and rules made thereunder shall be punishable with imprisonment for a term which shall not be less than two years and shall also be liable to fine which shall not be less than five lakh rupees:35provided that whoever, himself or by any other person on his behalf, conducts clinical trials with any drug or investigational new drug or medical device or investigational medical device or cosmetic in contravention of conditions of permission issued under section 4p and rules made thereunder, which caused resulted in grievous hurt or death of a subject during the clinical trial shall be punished with imprisonment for a term which shall not be less than three years but which may be extended to seven years and shall also be liable to fine which shall not be less than ten lakh rupees:40provided further that the fine imposed on and realised from the person convicted under this section shall be paid, by way of compensation to the legal heirs of the person who had suffered the grievous hurt or death during such clinical trial referred to in this clause:provided also that whoever, having been convicted of an offence under this section shall be debarred from conducting any further clinical trial45penalty for repeat offence4zf whoever, having been convicted of an offence under section 4ze, is again convicted of an offence under that section, shall be punished with imprisonment for a term which shall not be less than five years and fine which shall not be less than ten lakh rupees\| penalty \|\|-----------------\|\| failure to pro- \|\| vide compen- \|\| sation \|4zg whoever responsible to provide compensation for clinical trial related injury or death under this chapter fails to do so, he shall be punishable with imprisonment which may extend to two years and with fine which shall not be less than twice the amount of the compensation5penalty forcontravention of any provision of this chapter104zh whoever initiates or conducts clinical trial of any drug or investigational new drug or medical device or investigational medical device or cosmetic in contravention to any provisions under this chapter not covered under section 4p, section 4q, section 4r, section 4s, section 4t, section 4u, section 4w, section 4zx, section 4y or section 4z or any other rules made under this chapter shall be punishable with imprisonment which may extend to two years and with fine which shall not be less than fifty thousand rupeesconfiscation of stock, etc154zi where any person has been convicted for contravening any provision of this chapter or any rule made thereunder, the stock of the drug or investigational new drug or medical device or investigational medical device or cosmetic in respect of which the contravention has been made as well as any implements or machinery, vehicle, vessel or other conveyances used in or for the purposes of conducting clinical trials shall be liable to confiscationcognizance of offences4zj (1) no prosecution under this chapter shall be instituted, except on a complaintmade by––20(a) a drugs control officer or a medical device officer appointed by the central drugs authority; or(b) a gazetted officer of the central government authorised by that government by an order made in this behalf; or(c) the person aggrieved; or(d) any recognised consumer association25(2) nothing contained in this chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this chapter304zk (1) the central government may, after consultation with the central drugs authority, and after previous publication, by notification in the official gazette, make rules to provide for––\| powers \|\|----------------\|\| central \|\| government \|\| to make rules \|(a) the guidelines and requirements for conducting clinical trials; (b) the forms and fees for the purposes of this chapter; (c) the conditions for issue of the permission under section 4p;35(d) the norms and procedure for approval of any clinical trial by the ethics committee under sub-section (2) to section 4p and sub-section (1) of section 4v;(e) the norms and procedure for registration of any clinical trial under sub-section (3) of section 4p;40(f) the manner in which the central lisensing authority shall review the approval granted by the ethics committee for continuance of clinical trial under sub-section (2) of section uw;—(g) the records, registers or other documents to be kept and maintained under this chapter;45(h) the manner in which copies of documents relating to clinical trial are to be obtained and certified;(i) the conditions subject to which small quantities of drugs or cosmetics or medical devices may be imported or manufactured for the purpose of conducting clinical trials;5(j) the powers and duties of drugs control officers or medical deviceofficers;(k) the norms and procedures for deciding whether injury or death of a trialparticipant has been caused due to clinical trial, under section 4q;(l) the norms and procedures for providing medical treatment to the trialparticipants under sub-section (1) of section 4r;10(m) the norms and procedures for providing compensation to the trialparticipants or their legal heirs under sub-section (2) of section 4r;(n) the norms and procedures for registration and renewal of ethicscommittees under section 4t;15(o) additional functions and responsibilities of the ethics committee undersub-section (5) of section 4v;(p) the norms and procedures for conducting inspections relating toconduct of clinical trials under sections 4x and 4y4zl nothing contained in this chapter shall apply to ayurvedic, homeopathy, siddha or unani drugs'chapter not to apply to ayurvedic, homeopathy, siddha or unani drugs20substitution of new heading for chapter ii8 in chapter ii of the principal act, for the chapter heading "the drugs technicaladvisory board, the central drugs laboratory and the drugs consultative committee", the chapter heading "technical advisory boards, central drugs laboratories and consultative committee" shall be substituted259 in section 5 of the principal act,––amendment of section 5(a) in sub-section (1),––(i) for the words "as soon as may be, constitute", the words ", by notification in the official gazette, constitute" shall be substituted;30(ii) after the words "to advise the central government", the words ", the central drugs authority" shall be inserted; (b) for sub-section (2), the following sub-section shall be substituted, namely:—"(2) the board shall consist of the following members, namely:––(i) the director general of health services, ex officio, who shall be chairperson;(ii) the drugs controller general of india, ex officio;35(iii) one director of the central drugs laboratory to be nominatedby the central government, ex officio;(iv) the director of the indian veterinary research institute, izatnagar, ex officio;(v) two experts to be nominated by the central government from amongst persons who are in charge of drugs control in the states;(vi) one expert, to be elected by the executive committee of the pharmacy council of india, from amongst teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on the staff of an indian university or a college affiliated thereto;5(vii) one expert, to be elected by the authority established for regulating the medical education, from amongst teachers in medicine or therapeutics on the staff of an indian university or a college affiliated thereto;(viii) one person to be nominated by the central government from the pharmaceutical industry;10(ix) one pharmacologist to be elected by the governing body of the indian council of medical research;(x) one person to be elected by the central council of the indian medical association;(xi) two government analysts appointed under this act, to be nominated by the central government;15(xii) the director of the national institute of biologicals, ex officio;(xiii) the secretary-cum-scientific director of indian pharmacopoeia commission, ex officio;(xiv) the director of a national institute of pharmaceutical education and research to be nominated by the department of pharmaceuticals;20(xv) one expert to be nominated by the department of bio-technology;25(xvi) one expert to be nominated by the central government from the medical institutes or institutions controlled by the central government or state governments from amongst persons involved in the conduct of clinical trials;(xvii) one person representing recognised consumer associations or consumer interests to be nominated by the ministry of consumer affairs";(c) in sub-section (3),––30(i) for the words "but shall be eligible for re-nomination and re-election", the words "and shall be eligible for re-nomination or, as the case may be, reelection for not more than two consecutive terms" shall be substituted;(ii) in the proviso, for the words, brackets and figures "clause (ix) or clause (x) or clause (xi) or clause (xvi) of sub-section (2)", the words, brackets and figures "clause (v) or clause (vi) or clause (vii) or clause (xi) of sub-section(2)" shall be substituted;35(d) in sub-section (4), after the words "the board may", the words "in consultation with the central drugs authority and" shall be inserted;(e) for sub-section (7), the following sub-section shall be substituted, namely:—40"(7) the central drugs authority shall appoint a person to be the secretary of the board and shall provide the board with such staff as the central drugs authority considers necessary"10 after section 5 of the principal act, the following section shall be inserted, namely:—"5a (1) the central government shall, by notification in the official gazette, constitute, a medical devices technical advisory board to advise the central government, the central drugs authority and state governments on technical matters45constitution of medical devices technical advisory boardpertaining to medical devices, arising out of the administration of this act and to carry out other functions assigned to it by or under this act(2) the board shall consist of the following members, namely:––(a) the director general, indian council of medical research, who shall be the chairperson, ex officio;5(b) the drugs controller general of india, ex officio;(c) one expert each from the following, having qualifications and experience in the field of medical devices, to be nominated by––(i) the department of science and technology; (ii) the department of atomic energy;10(iii) the department of electronic and information technology; (iv) the central government from the government testing laboratories connected with the testing of medical devices;(v) the indian council of medical research; (vi) the bureau of indian standard;15(vii) the defence research and development organisation;(d) one expert from the field of biomedical technology from recognised technical educational institutions, to be nominated by the central government;20(e) one expert from the field of biomaterial or polymer technology from recognised technical educational institutions, to be nominated by the central government;(f) one person representing recognised consumer associations to be nominated by the ministry of consumer affairs;(g) one pharmacologist to be nominated by the central government from recognised medical or research institute in the field of medical devices;25(h) one expert to be nominated by the central government from recognised medical or research institute from amongst persons involved in conduct of clinical trials;(i) one person to be nominated by the central government from the medical device industry30(3) the nominated members of the board shall hold office for a period of three years, and shall be eligible for re-nomination for not more than two consecutive terms:provided that the person nominated under clause (c) of sub-section (2) shall hold office for so long as he holds the appointment of the office by virtue of which he was nominated as a member of the board35(4) the board may, in consultation with the central drugs authority, and subject to the previous approval of the central government, make bye-laws fixing quorum and regulating its own procedure and the conduct of all business to be transacted by it40(5) the board may constitute sub-committees and may appoint to such subcommittees for such periods not exceeding three years, as it may decide, for the consideration of particular matters, persons who are not members of the board(6) the functions of the board may be exercised notwithstanding any vacancy therein(7) the central drugs authority shall appoint a person to be the secretary of the board and shall provide the board with such staff as the central drugs authority considers necessary" 11 in section 6 of the principal act,––a m e n d m e n t of section 65(a) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) the central drugs authority may, with the prior approval of the central government, establish a central drugs laboratory under the control of a director to be appointed by the central drugs authority, to carry out the functions entrusted to it by this act or any rules made thereunder:1015provided that the central drugs authority may, in consultation with the central government, specify by regulations the functions of the central drugs laboratory in respect of any drug or class of drugs or cosmetic or class of cosmetics or medical device or class of medical devices to be performed by any other laboratory and the powers of the director of the central drugs laboratory shall be exercised by the director of the laboratory to whom the functions have been assigned";(1a) the central drugs authority may, by notification, designate any central drugs laboratory––20(a) for testing of drugs or class of drugs or cosmetics or class of cosmetics or medical devices or class of medical devices;(b) as an appellate laboratory for testing of drugs or class of drugs or cosmetics or class of cosmetics or medical devices or class of medical devices;(b) in sub-section (2),––25(i) in the opening portion, for the words "after consultation with the board", the words "in consultation with the central drugs authority" shall be substituted;30(ii) in clause (d), for the words, figures and letter "under chapter iv or chapter iva of samples of drugs or cosmetics", the words, figures and letters "under chapter iia, chapter iii, chapter iv or chapter iva of samples of drugs or cosmetics or medical devices" shall be substituted12 for section 7 of the principal act, the following section shall be substituted, namely :––substitution of new section for section 735drugs, cosmetics and medical devices consultative committee"7 (1) the central government may constitute an advisory committee to be called "the drugs, cosmetics and medical devices consultative committee" to advise the central government, the central drugs authority, the state governments, the drugs technical advisory board and the medical device technical advisory board on any matter tending to secure uniformity throughout india in the administration of this act40(2) the drugs, cosmetics and medical devices consultative committee shall consist of the following members, namely:––(a) the drugs controller general of india, who shall be the chairperson,ex officio;(b) two representatives of the central drugs authority nominated by it;45(c) the secretary-cum-scientific director of the indian pharmacopoeiacommission;(d) one representative of the pharmaceuticals export promotion council nominated by it;61 of 1985(e) one representative of the department of revenue, ministry of finance, government of india dealing with the administration of the narcotic drugs and psychotropic substances act, 1985; and5(f) one representative of each state government who is in-charge of the matters relating to regulation of drugs, cosmetics and medical devices in that state10 (3) the drugs, cosmetics and medical devices consultative committee shall meet at least twice in a year or when required to do so by the central government or, as the case may be, the central drugs authority and shall have power to regulate its own procedure" 13 after chapter ii of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter iia15 'chapter iia import, manufacture, sale, distribution and export of medical devices7b for the purposes of this chapter, the expression "standard quality" in relation to medical device, means the medical device which conforms such standards as may be prescribedstandards quality of medical device207c for the purposes of this chapter, a medical device shall be deemed to be misbranded––misbranded medical device(a) if it is so coloured, coated, or polished so as to conceal any damage or if it is made to appear of better or greater therapeutic or functional value than it really is; or(b) if it is not labelled in the prescribed manner; or25(c) if its label or container or anything accompanying the medical device bears any statement, design or device which makes any false claim 7d for the purposes of this chapter, a medical device shall be deemed to be adulterated––adulterated medical device30(a) if it consists, in whole or in part, of rusted or corroded or filthy or putrid or decomposed substance; or(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been rendered injurious to health; or(c) if it contains any harmful or toxic substance or parts which may render it dangerous to use or injurious to health; or35(d) if any substance or part has been mixed or added thereto or substituted or removed therefrom so as to reduce its quality or strength or which may render it dangerous to use or injurious to health; or(e) if its container is composed, in whole or in part, of any deleterious substance which may render it dangerous to use or injurious to health407e for the purposes of this chapter, a medical device shall be deemed to be spurious—spurious medical device (a) if it is imported, manufactured, sold, distributed or exported under a name which belongs to another medical device; or5(b) if it is an imitation of, or a substitute for, another medical device or resembles another medical device in a manner likely to deceive or bears upon it or upon its label or container the name of another medical device unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other medical device; or(c) if the label or the container bears the name of an individual or firm or company purporting to be the manufacturer of the medical device, which individual or firm or company is fictitious or does not exist; or10(d) if it has been substituted wholly or in part by another medical device or substance; or(e) if it purports to be the product of a manufacturer of whom it is not truly a product 7f (1) no person shall himself or by any other person on his behalf,––prohibition of import, manufacture and export of c e r t a i n medical devices(a) import, or manufacture for sale or for export, or export––15(i) any medical device which is not of standard quality; (ii) any misbranded medical device; (iii) any adulterated medical device; (iv) any spurious medical device;20(v) any software or part or component or instrument or the list of the software or part or ingredient or instrument contained in it, unless displayed in the prescribed manner on the label or container thereof;25(vi) any medical device which by means of any statement, design or accessory accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect;(vii) any medical device containing any component which may render it unsafe or harmful for use under the directions indicated or recommended;30(viii) any medical device which has been imported or manufactured in contravention of any of the provisions of this chapter or rules made thereunder; (b) import or manufacture for sale or for export, or export any medical device, except under, and in accordance with the conditions of, a licence or certificate issued by the central licensing authority for the purpose of this chapter in such manner and on such conditions as may be prescribed:35provided that nothing contained in clause (a) shall apply to import or manufacture of any medical device in small numbers for the purpose of examination, test, analysis, demonstration or for personal use subject to such conditions as may be prescribed:40provided further that the central government may, in consultation with the central drugs authority, by notification in the official gazette, permit, subject to any conditions specified therein, the import or manufacture of any medical device or class of medical devices not approved in the country or not of standard quality for sale or for distribution, stocking or exhibiting or offering for sale or distribution of such medical device under this act(2) no person shall himself or by any other person on his behalf––(a) sell, or stock or distribute or exhibit or offer for sale any medical device referred to in clause (a) of sub-section (1);5(b) sell, or stock or exhibit or offer for sale or distribute any medical devicewhich has been imported or manufactured in contravention of any of the provisions of this act or any rule made thereunder;(c) sell, or stock or exhibit or offer for sale or distribute any medical device, except under, and in accordance with the conditions of, a licence issued by the state licensing authorities for the purposes of this chapter in such manner and on such conditions as may be prescribed10(3) the state government may, for the purposes of this chapter by notification, designate one or more person, having such qualifications and experience, as the state licensing authority, with such powers and functions and on such terms and conditions, as may be prescribed1552 of 1962application of law relating to sea customs and powers of customs officers207g (1) the law for the time being in force relating to customs and to goods, the import of which is prohibited by the customs act, 1962 or rules made or notifications issued thereunder or any other law for the time being in force shall, subject to the provisions of section 7j, section 7k and section 7l of this act, apply in respect of medical device, the import of which is prohibited under this chapter, and officers of customs and officers empowered under that act or law to perform the duties imposed thereby on a customs collector and other officers of customs, shall have the same powers in respect of such medical device as they have for the time being in respect of such goods as aforesaid25(2) without prejudice to the provisions of sub-section (1), the commissioner of customs or any officer of the government authorised by the central government in this behalf, may detain any imported package which he suspects to contain any medical device, the import of which is prohibited under this chapter or any other law for the time being in force and shall forthwith report such detention to the drugs controller general of india and, if necessary, forward the package or sample of any suspected medical device found therein to the laboratory prescribed for the purpose:30provided that in the event of that package or sample of that medical device found in contravention of any of the provisions of this chapter or any rule made thereunder, the same shall not be allowed to be imported from that or any other port of entry in the country35\| 7h ( \| 1 \|\|-----------------------------------------------------------------------------------------\|--------\|\| appoint such persons, as it thinks fit, having such qualification and experience as may \| \|\| be prescribed, to be the medical device officers for such areas as may be assigned to \| \|\| them by the central drugs authority \| \|\| medical \| \|\| device \| \|\| officers and \| \|\| their \| duties \|\| and powers \| \|40 (2) the powers which may be exercised by a medical device officer and the duties which may be performed by him, the medical devices or classes of medical devices in relation to which and the conditions, limitations or restrictions subject to which, such powers and duties may be exercised or performed shall be such as may be prescribed45 (3) no person who has any financial interest in the import, export, manufacture or sale of medical devices shall be appointed to be a medical device officer under this section45 of 186050(4) every medical device officer shall be deemed to be a public servant within the meaning of section 21 of the indian penal code and shall be officially subordinate to such authority having the prescribed qualifications, as the central drugs authority may specify in this behalf57-i without prejudice to any other provisions contained in this chapter, if the central government is satisfied that the use of any medical device is likely to involve any risk to human beings or animals or that any medical device does not have the functional value claimed or purported to be claimed for it or which is not safe or effective for use or for which there is no functional justification and that in the public interest it is necessary or expedient so to do, then, it may, by notification in the official gazette, regulate, restrict or prohibit the import or manufacture, sale or distribution of such medical device107j whoever, himself or by any other person on his behalf, imports or manufactures for sale or for export or for distribution or sells or exports or stocks or exhibits or offer for sale,––power of central government to regulate, restrict or prohibit import or manufacture, etc, of medical device in public interest offences for import, manufacture, sale, etc, of medical device in contravention of this chapter1545 of 186020(a) any medical device deemed to be adulterated under section 7d or spurious under section 7e and which when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his death or is likely to cause such bodily harm which amount to grievous hurt within the meaning of section 320 of the indian penal code, solely on account of such medical device being spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the medical device confiscated, whichever is more:provided that the fine imposed under this clause shall be paid to the person who had used the adulterated or spurious medical device:25provided further that where the use of adulterated or spurious medical device referred to in this clause has caused the death of a person who used such medical device, the fine imposed shall be paid to his legal heir;(b) any medical device––(i) deemed to be adulterated under section 7d or misbranded under section 7c, but not being a medical device referred to in clause (a); or30(ii) without a valid licence as required under clause (b) of sub-section(1) for clause (c) of sub-section (2) of section 7f,35shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than one lakh rupees or three times the value of the medical device confiscated, whichever is more:provided that the court may, for any adequate and special reasons, to be recorded in the judgment, impose a sentence of imprisonment for a term of less than three years and of fine of less than one lakh rupees;40(c) any medical device deemed to be spurious under section 7e, but not being a medical device referred to in clause (a) shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than five lakh rupees or three times the value of the medical device confiscated, whichever is more:45provided that the court may, for any adequate and special reasons, to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years but not less than three years and of fine of less than one lakh rupees;(d) any medical device, other than a medical device referred to in clause (a)or clause (b) or clause (c), in contravention of any other provisions of this chapter or any rule made thereunder, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years and shall also be liable to fine which shall not be less than one lakh rupees57k whoever himself or by any other person on his behalf imports or manufactures or sells or exports or distributes any medical device in contravention of the provisions of any notification issued under section 7-i, shall be punishable with imprisonment for a term which shall not be less than three years and shall also be liable to fine which shall not be less than one lakh rupees10\| penalty \| for \|\|-----------------\|---------\|\| import, manu- \| \|\| facture, etc, \| \|\| of \| medical \|\| device \| in \|\| contravention \| \|\| of section 7-i \| \|7l (1) whoever having been convicted of an offence,––penalty for repeat offences(a) under clause (b) of section 7j, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to ten years and shall also be liable to fine which shall not be less than two lakh rupees:15provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years and of fine of less than one lakh rupees;20(b) under clause (c) of section 7j, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees;25(c) under clause (d) of section 7j, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to five years and shall also be liable to fine which shall not be less than two lakh rupees (2) whoever having been convicted of an offence under section 7k is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than two lakh rupees30confiscation7m (1) where any person has been convicted under this chapter for contravening any provision of this chapter or any rule made thereunder, the stock of the medical device in respect of which the contravention has been made shall be liable to confiscation and if such contravention is in respect of—35(a) import or manufacture of any medical device deemed to be misbrandedunder section 7c or adulterated under section 7d or spurious under section 7e; or40(b) import or manufacture for sale or for export or for distribution, sale,export or stocking or exhibiting or offering for sale or for export, or distribution of any medical device without a valid licence as required under clause (b) of sub-section (1) or clause (c) of sub-section (3) of section 7f,45any implements or machinery used in such import or manufacture, sale, export or distribution and any receptacles, packages or coverings in which such medical device is contained and the animals, vehicles, vessels or other conveyances used in carrying such medical device shall also be liable to confiscation(2) without prejudice to the provisions contained in sub-section (1) where the court is satisfied, on the application of a medical device officer or otherwise and after such inquiry as may be necessary that the medical device is not of standard quality or is a misbranded, adulterated or spurious medical device, such medical device shall be liable to confiscationpowers of central government to make rules57n the central government may after consultation with or on therecommendation of the central drugs authority and subject to previous publication, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this chapter which may––(a) provide for classification of medical devices into different classes basedon the degree of risk associated with their use or application;10(b) prescribe standardds for different classes of medical devices and theorganisations or bodies for developing such standards;(c) prescribe procedures for assessment of conformity to the standardsand quality assurance;(d) provide for use of standards as prescribed from time to time formanufacturing or developing new medical device;15(e) prescribe conditions for import or manufacture of custom made devicesand devices for clinical investigations;(f) prescribe procedures for reporting adverse events, post marketingsurveillance and recall of medical devices;20(g) prescribe requirements for approval of laboratories, institutions orbodies for carrying out conformity assessment of medical devices;(h) prescribe procedures for overseas inspections; (i) prescribe the qualifications of medical device officer and governmentanalysts for medical devices;25(j) prescribe the methods of test or analysis to be employed in determiningwhether a medical device is of standard quality;30(k) prescribe the forms of licences or the certificates, as the case may be,for import, manufacture for sale, for distribution or for export or for sale, of medical devices, the form of application for such licences or certificates, as the case may be, the conditions subject to which such licences or certificates, as the case may be, may be issued, the authority empowered to issue the same, the qualification of such authority and the fees payable therefor and provide for the suspension or cancellation of such licences in any case where any provision of this chapter or the rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with;35(l) prescribe the records, registers or other documents to be kept andmaintained;(m) prescribe the fees for the inspection including overseas inspection(for the purposes of grant or renewal of licence) of premises, wherein any medical device is being or is proposed to be manufactured;40(n) prescribe the manner in which copies are to be certified; (o) specify the diseases or ailments or conditions which a medical devicemay not purport or claim to prevent, cure or mitigate and such other effects which a medical device may not purport or claim to have;45(p) prescribe the conditions subject to which small quantities of medical device may be imported or manufactured for the purpose of examination, test, analysis, demonstration or for personal use;5(q) require the date of manufacture and the date of validity or expiry to be clearly or truly stated on the label or container of any specified medical device or class of medical device, and prohibit the sale, import, export, stocking or exhibition for sale or for export, or distribution of the said medical device or class of medical device after the expiry of a specified period from the date of manufacture or after the expiry of the date of validity or expiry as applicable;10(r) prescribe the conditions to be observed in the packing in packages, and other containers of medical device, including the use of packing material which comes into direct contact with the medical device and prohibit the sale, import, stocking or exhibition for sale or for export, or distribution of medical device packed in contravention of such conditions;(s) regulate the mode of labelling of packed medical device, and prescribe the matter which shall or shall not be included in such labels;15(t) prescribe the powers and duties of medical device officers and the qualifications of the authority to which such medical device officers shall be subordinate and specify the medical device or classes of medical device in relation to which and the conditions, limitations or restrictions subject to which, such powers and duties may be exercised or performed;20(u) prescribe the forms of report to be given by the prescribed laboratory, and the manner of application for test or analysis and the fees payable therefor;(v) provide for the exemption, conditionally or otherwise, from all or any of the provisions of this chapter or the rules made thereunder, of any specified medical device or class of medical device;25(w) specify the places at which medical device may be imported, and prohibit their import at any other place;30(x) regulate the submission by importers, and the securing of samples of such medical device, as may be specified, for examination, test or analysis by the prescribed laboratory, and specify the fees, if any, payable for such examination, test or analysis;35(y) specify the evidence to be supplied, whether by accompanying documents or otherwise, of the quality of medical device sought to be imported, the procedure for officers of customs in dealing with such evidence, and the manner of storage at places of import of medical device detained pending admission;(z) provide for the exemption, conditionally or otherwise, from all or any of the provisions of this chapter and the rules made thereunder of medical device imported for the purpose only of transport through, and export from, india;40(za) require that the accepted scientific name of any specified softwareor part or instrument shall be displayed in the prescribed manner on the label or wrapper of any imported, medical device containing such part or ingredient or instrument;45(zb) prescribe procedures for assigning unique identification number to medical devices(zc) specify the offences against this chapter or any rule made thereunder in relation to which an order of confiscation may be made under section 7m;(zd) sum which may be specified by the central government under section 32-b'a m e n d m e n t of section 814 in section 8 of the principal act, in sub-section (2), for the word "board", the words"central drugs authority" shall be substituted15 after section 9d of the principal act, the following section shall be inserted, namely:–insertion of new section9eadulterated cosmetics5"9e for the purposes of this chapter, a cosmetic shall be deemed to be adulterated,––(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or10(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or(c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or15(d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or(e) if it contains any harmful or toxic substance which may render it injurious to health; or(f) if any substance has been mixed therewith so as to reduce its quality or strength"2016 in section 10 of the principal act,––amendment of section 10(i) after clause (bb), the following clause shall be inserted, namely:––"(bba) any adulterated cosmetic;";(ii) in the second proviso, for the word "board", the words "central drugs authority" shall be substituted25a m e n d m e n t of section 1117 in section 11 of the principal act, in sub-section (2), the following proviso shall be inserted, namely:––"provided that in the event of that package or sample of that drug or cosmetic found in contravention of any of the provisions of this chapter or any rule made thereunder, the same shall not be allowed to be imported from that or any other port of entry in the country"30a m e n d m e n t of section 1218 in section 12 of the principal act, in sub-section (1), for the word "board", wherever it occurs, the words "central drugs authority" shall be substituted19 for section 13 of the principal act, the following sections shall be substituted, namely:––substitution of new section for section 1335"13 whoever, himself or by any other person on his behalf, imports,––penalty for import of drugs or cosmetics in contravention of this chapter(a) any drug deemed to be adulterated under section 9a or spurious under section 9b and which when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his death or is likely to cause such bodily harm which amount to grievous hurt within the meaning of section 320 of the indian penal code, solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the drugs confiscated, whichever is more:provided that the fine imposed under this clause shall be paid to the person who had used the adulterated or spurious drugs:5provided further that where the use of adulterated or spurious drugs referred to in this clause has caused the death of a person who used such drugs, the fine imposed shall be paid to his legal heir;(b) any drug—10(i) deemed to be adulterated under section 9a, but not being a drugreferred to in clause (a); or(ii) without a valid licence as required under clause (c) of section 10,15shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than one lakh rupees or three times the value of the drugs confiscated, whichever is more:provided that the court may, for any adequate and special reasons, to be recorded in the judgment, impose a sentence of imprisonment for a term of less than three years and of fine of less than one lakh rupees;20(c) any drug deemed to be spurious under section 9b, but not being a drugreferred to in clause (a) shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than three lakh rupees or three times the value of the drugs confiscated, whichever is more:25provided that the court may, for any adequate and special reasons, to berecorded in the judgment, impose a sentence of imprisonment for a term of less than seven years but not less than three years and of fine of less than one lakh rupees;30(d) any drug, other than a drug referred to in clause (a) or clause (b) orclause (c), in contravention of any other provisions of this chapter or any rule made thereunder, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years and shall also be liable to fine which shall not be less than one lakh rupees:35provided that the court may, for any adequate and special reasons, to berecorded in the judgment impose a sentence of imprisonment for a term of less than one year;4045 of 1860(e) any cosmetic deemed to be adulterated under section 9e or spurious under section 9d and which when used by any person is likely to cause his death or is likely to cause such bodily harm which amount to grievous hurt within the meaning of section 320 of the indian penal code, solely on account of such cosmetics being adulterated or spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the cosmetics confiscated, whichever is more:45provided that the fine imposed under this clause shall be paid to the person who had used the adulterated or spurious cosmetic:provided further that where the use of adulterated or spurious cosmetic referred to in this clause has caused the death of a person who used such cosmetic, the fine imposed shall be paid to his legal heir;(f) any cosmetic,5(i) deemed to be spurious under section 9d or adulterated under section 9e but not being a cosmetic referred to in clause (e);(ii) without a valid licence as required under clause (c) of section 10, shall be punishable with imprisonment for a term which shall not be less than two years and shall also be liable to fine which shall not be less than fifty thousand rupees;10(g) any cosmetic other than a cosmetic referred to in clause (e) or clause (f), the import of which is prohibited under section 10, or any rule made under this chapter, shall be punishable with imprisonment for a term which shall not be less than one year and shall also be liable to fine which shall not be less than twenty thousand rupees;15(h) any cosmetic in contravention of the provisions of any notification issued under section 10a, shall be punishable with imprisonment for a term which shall not be less than two years and shall also be liable to fine which shall not be less than fifty thousand rupees 13a whoever having been convicted of an offence––penalty for repeat offences20(a) under clause (b) of section 13 is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to ten years and shall also be liable to fine which shall not be less than two lakh rupees:25provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years and of fine of less than one lakh rupees;30(b) under clause (c) of section 13 is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than three lakh rupees;(c) under clause (d) of section 13 is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to four years and shall also be liable to fine which shall not be less than fifty thousand rupees35(d) under clause (f) or clause (g) or clause (h) of section 13 is again convicted under that clause, shall be punishable with imprisonment for a term which shall not be less than three years, and shall also be liable to fine which shall not be less than one lakh rupees"amendment of section 164020 in section 16 of the principal act, in sub-section (2), for the word "board", the words "central drugs authority" shall be substituted21 for section 18 of the principal act, the following section shall be substituted, namely:––substitution of new section for section 18"18 (1) save as otherwise provided in sub-section (3), no person shall himself or by any other person on his behalf––45prohibition of manufacture and sale of certain drugs and cosmetics(a) manufacture for sale or for export or for distribution, or sell, or stock or exhibit or offer for sale or distribute––(i) any drug which is not of a standard quality, or is misbranded, adulterated or spurious;(ii) any cosmetic which is not of a standard quality, or is misbranded, adulterated or spurious;5\| ( \|\|----------------------------------------------------------------------------------\|\| the prescribed manner on the label or container thereof the true formula or \|\| list of active ingredients contained in it together with the quantities thereof; \|10(iv) any drug which by means of any statement, design or deviceaccompanying it or by any other means, purports or claims to prevent, cure or mitigate any such disease or ailment, or to have any such other effect as may be prescribed;(v) any cosmetic containing any ingredient which may render itunsafe or harmful for use under the directions indicated or recommended;(vi) any drug or cosmetic in contravention of any of the provisionsof this chapter or any rule made thereunder;15(b) sell, or stock or exhibit or offer for sale, or distribute any drug or cosmetic which has been imported or manufactured in contravention of any of the provisions of this act or any rule made thereunder;20(c) manufacture for sale or for export or for distribution, or sell, or stock or exhibit or offer for sale, or distribute any drug or cosmetic, except under, and in accordance with the conditions of a licence issued for such purposes under this chapter:provided that no licence for manufacture of any new drug shall be issued except in accordance with the prior permission granted by the central licensing authority, in such manner as may be prescribed:25provided further that the state licensing authority shall, before issuing any licence for manufacture of any new drug, ensure that the permission from the central licensing authority is obtained:30provided also that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis:35provided also that the central government may, after consultation with the central drugs authority, by notification in the official gazette, permit, subject to any condition specified in the notification, the manufacture for sale, or for distribution, sale, stocking or exhibiting or offering for sale or distribution of any drug or class of drugs not being of standard quality(2) the state government may for the purposes of this chapter by notification in the official gazette, designate one or more person, having such qualifications and experience, as the state licensing authority, with such powers and functions and on such terms and conditions, as may be prescribed40(3) on and from the commencement of the drugs and cosmetics(amendment) act, 2013, the central licensing authority shall have power to issue a licence or a certificate, as the case may be, for the manufacture for sale or for export of drugs specified in the third schedule to this act:45provided that no licence for manufacture of any drug specified under the third schedule shall be issued by the state licensing authorities(4) the central government, after consultation with the central drugs authority and after giving by notification in the official gazette not less than three months' notice of its intention so to do, may by a like notification add to or otherwise amend the third schedule for the purposes of this chapter, and thereupon the third schedule shall be deemed to be amended accordingly22 in section 18a of the principal act,––amendment of section 18a5(a) for the words "drug or cosmetic", at both the places where they occur, thewords "drug or cosmetic or medical device" shall be substituted;(b) after the word ''inspector'', the words "or medical device officer" shall be inserted10amendment of section 18b23 in section 18b of the principal act, for the words, brackets and figures "clause (c)of section 18", the words, brackets, figures and letters "clause (b) of sub-section (1) or clause (c) of sub-section (2) of section 7f or clause (c) of section (10) or clause (c) of sub-section (1) of section 18" shall be substituted24 after section 18c of the principal act, the following sections shall be inserted, namely:––\| insertion \|\|--------------\|\| new sections \|\| 18d, 18e and \|\| 18f \|\| 15 \|"18d no drug or cosmetic or medical device shall be exported except in accordance with the conditions of a permission or licence or certificate, as the case may be, issued by the central licensing authority, in such manner, as may be prescribedprohibition of export ofcertain drugs, cosmetics and medical devices20penalty forexport ofdrugs andcosmetics in contravention of section18d 18e whoever, himself or by any other person on his behalf, exports any drug, cosmetic or medical device in contravention of the provisions of section 18d shall be punishable with imprisonment for a term which shall not be less than one year and shall also be liable to fine which shall not be less than two lakh rupees or three times value of the drug, cosmetic or medical device exported or confiscated, whichever is morepenalty for repeat offences2518f whoever having been convicted of an offence under section 18e is againconvicted of an offence under that section, shall be punishable with imprisonment for a term which shall not be less than two years and with fine which shall not be less than five lakh rupees or three times value of the drug, cosmetic or medical device exported or confiscated, whichever is more"a m e n d m e n t of section 193025 in section 19 of the principal act,––(a) for the words "drug or cosmetic", wherever they occur, the words "drug or cosmetic or medical device" shall be substituted;(b) for the words, "this chapter", the words, figures and letter "chapter iia or chapter iii or chapter iv" shall be substituted;(c) in sub-section (2),––(i) in the opening portion, for the words, figures and "section 18 a drug shall not be deemed to be misbranded or adulterated or spurious or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality", the words, figure and letter "section 7f, a medical device shall not be deemed to be misbranded or adulterated or spurious or not of standard quality, or for the purposes of section 18 a drug shall not be deemed to be misbranded or adulterated or spurious or to be below standard quality or shall a cosmetic be deemed to be misbranded or adulterated or spurious or to be below standard quality" shall be substituted;(ii) in clause (a), after the word "consumption", the words "or use" shall be inserted; (d) in sub-section (3), in the opening portion, for the word and figures "section18", the words, figures and letter "section 7f or section 18" shall be substituted26 in section 20 of the principal act,––amendment of section 205(a) in sub-section (1), for the words "such drugs or classes of drugs or such cosmetics or classes of cosmetics", the words "such drugs or classes of drugs or such cosmetics or classes of cosmetics or such medical devices or classes of medical devices" shall be substituted;(b) in sub-section (2),––(i) for the words "central government", the words "central drugs authority" shall be substituted;10(ii) for the words "such drugs or classes of drugs or such cosmetics or classes of cosmetics", the words "such drugs or classes of drugs or such cosmetics or classes of cosmetics or such medical devices or classes of medical devices" shall be substituted; (c) in sub-section (3), for the words "central government", the words "central drugs authority" shall be substituted;15(d) in sub-section (4), for the words "import, manufacture or sale of drugs or cosmetics", the words "import, export, manufacture or sale of drugs or cosmetics or medical devices" shall be substituted 27 in section 21 of the principal act,––amendment of section 2120(a) in sub-section (1), for the words "central government or" at both the places where they occur, the words "central drugs authority or" shall be substituted;(b) in sub-section (3), for the words "import, manufacture or sale", the words"import, export, manufacture or sale" shall be substituted;(c) after sub-section (4), the following sub-section shall be inserted, namely:––25"(5) any person appointed as the inspector under this section, before the commencement of the drugs and cosmetics (amendment) act, 2013, shall, after such commencement, be deemed to have been appointed as the drugs control officer for the purposes of this section and shall continue to discharge his functions as the drugs control officer unless his appointment is terminated or withdrawn"3028 in section 22 of the principal act,––amendment of section 22(a) for the word "inspector", wherever it occurs, the words "a drugs control officer or a medical device officer" shall be substituted;(b) for the words "drug or cosmetic", wherever they occur, the words "drug or cosmetic or medical device" shall be substituted;35(c) for the words "this chapter", wherever they occur except in clause (cca) of sub-section (1), the words, figures; and letter "chapter iia or chapter iv" shall be substituted;(d) in sub-section (1),––40(a) in clause (a), for sub-clause (ii), the following sub-clause shall be substituted, namely:––"(ii) any premises wherein any drug or cosmetic or medical device is being sold, or exported, or stocked or exhibited or offered for sale, or export, or distributed;";45(b) in clause (b), for sub-clause (i), the following sub-clause shall be substituted, namely:––"(i) which is being imported or manufactured or sold or exported or is stocked or exhibited or offered for sale, or for export, or is being distributed;";(c) in clause (cca), for the words "manufacture for sale or for distribution, stocking, exhibition for sale, offer for sale or distribution", the words "manufacture for sale, or for export or for distribution, stocking, exhibition for sale or for export, offer for sale or for export or for distribution" shall be substituted;5(d) in clause (d), for the words ''exercise such other powers'', the words''exercise such other powers and perform such functions'' shall be substituted;(e) after clause (d), the following proviso shall be inserted, namely:––10"provided that in case the stocks of the drugs or cosmetics or medical devices, and the records, registers, documents or any other material objects connected or related thereto are seized, he shall, as soon as may be, inform the judicial magistrate and take his orders as to the custody thereof";(e) in sub-section (3), for the words "may extend to three years, or with fine,", the words "shall not be less than three years and shall also be liable to fine which shall not be less than fifty thousand rupees" shall be substituted1529 for section 23 of the principal act, the following section shall be substituted, namely:––substitution of new section for section 2320"23 the drugs control officer or the medical device officer shall take sample of drugs or cosmetics or medical devices, as the case may be, for test and examination under chapter iia or chapter iv, as the case may be, in such manner as may be prescribed"procedure of drugs control officers and medical device officers30 for section 24 of the principal act, the following section shall be substituted, namely:––substitution of new section for section 2425"24 every person for the time being in charge of any premises whereon any drug or cosmetic or medical device is being manufactured or is kept for sale or distribution shall, on being required by any drugs control officer or, as the case may be, the medical device officer so to do, be legally bound to disclose to the drugs control officer or, as the case may be, the medical device officer, the place where the drug or cosmetic or medical device is being manufactured or is kept, as the case may be"persons bound to disclose place where medical device or drugs or cosmetics are manufactured or kept31 for section 25 of the principal act, the following section shall be substituted, namely:––30substitution of new section for section 25 reports of government analysts"25 the government analyst shall submit report in relation to samples of drugs or cosmetics or medical devices and action shall be taken thereon, in such manner as may be prescribed"a m e n d m e n t of section 263532 in section 26 of the principal act, for the words "drug or cosmetic", the words"drug or cosmetic or medical device" shall be substituted;33 for section 26a of the principal act, the following section shall be substituted, namely:––substitution of new section for section26a40powers of central government to prohibit manufacture, etc, of drug, cosmetic and medical device in public interest45"26a without prejudice to any other provisions contained in chapter iia and chapter iv, if the central government is satisfied, that the use of any drug or cosmetic or medical device is likely to involve any risk to human beings or animals or that any drug or medical device does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that government may, by notification in the official gazette, regulate, restrict or prohibit the manufacture, sale or distribution of such drug or cosmetic or medical device" 34 in section 26b of the principal act, for the word "drug", wherever it occurs, the words "drug or medical device" shall be substitutedamendment of section26b 35 in section 27 of the principal act,––amendment of section 275(i) in the opening portion, for the words "manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes", the words "manufactures for sale or for export or for distribution, or sells, or exports, or stocks or exhibits or offers for sale or for export or distributes" shall be substituted;(ii) in clause (a), in the second proviso,––(a) for the word "relative", the words "legal heir" shall be substituted; (b) the "explanation" shall be omitted10amendment of section27a36 in section 27a of the principal act, for the words "manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale", the words "manufactures for sale or for export or for distribution, or sells, or exports, or stocks or exhibits or offers for sale or for export" shall be substituted15amendment of section 2837 in section 28 of the principal act, for the words "may extend to one year or with fine which shall not be less than twenty thousand rupees or with both", the words "shall not be less than three years and shall also be liable to fine which shall not be less than three lakh rupees" shall be substituted20amendment of section28a38 in section 28a of the principal act, for the words "may extend to one year or with fine which shall not be less than twenty thousand rupees or with both", the words "shall not be less than three years and shall also be liable to fine which shall not be less than three lakh rupees" shall be substitutedamendment of section28b2539 in section 28b of the principal act, for the words "may extend to three years and shall also be liable to fine which may extend to five thousand rupees", the words "shall not be less than three years and shall also be liable to fine which shall not be less than five lakh rupees" shall be substituted40 in section 29 of the principal act,––amendment of section 29(a) for the words "drug or cosmetic", the words "drug or cosmetic or medical device" shall be substituted;30(b) for the words "which may extend to five thousand rupees", the words "which shall not be less than fifty thousand rupees" shall be substituted 41 in section 30 of the principal act,––amendment of section 3035(a) in sub-section (1a), for the words "may extend to two years or with a fine which may extend to two thousand rupees", the words "shall not be less than three years and shall also be liable to fine which shall not be less than ten lakh rupees" shall be substituted;40(b) in sub-section (2), for the words "may extend to two years, or with fine which shall not be less than ten thousand rupees or with both", the words "shall not be less than two years and shall also be liable to fine which shall not be less than one lakh rupees" shall be substituted;(c) after sub-section (2), the following sub-section shall be inserted, namely:––45"(3) whoever having been convicted of an offence under section 28a or section 28b is again convicted of an offence under that section shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than five lakh rupees"42 in section 31 of the principal act, in sub-section (1),––a m e n d m e n t of section 31(a) in clause (ii),—5(a) for the words "manufacture for sale, or for distribution, sale, or stocking or exhibiting or offering for sale, or distribution", the words "manufacture for sale or for export or for distribution, sale, export, or stocking or exhibiting or offering for sale or for export or for distribution" shall be substituted;(b) for the words, brackets, letter and figures "clause (c) of section 18", the word and figures "section 18" shall be substituted10(b) in the opening portion, after clause (ii), for the words "manufacture, sale or distribution" the words "manufacture, sale, export or distribution" shall be substituted 43 in section 31a of the principal act,––a m e n d m e n t of section31a(a) for the words and figures "this chapter except those contained in section31", the words, figures and letters "chapter ib, chapter iia and chapter iv except those contained in section 4zi, section 7m and section 31" shall be substituted;15(b) for the words "manufacture, sale or distribution", at both the places where they occur, the words "manufacture, sale, export or distribution" shall be substituted 44 in section 32 of the principal act,––a m e n d m e n t of section 32(a) for the words "this chapter", wherever they occur, the words, figures and letter "chapter iia or chapter iv" shall be substituted;20(b) in sub-section (1), for clause (a), the following clause shall be substituted, namely:––"(a) a drugs control officer or a medical device officer; or"45 in section 33 of the principal act,––a m e n d m e n t of section 3325(a) in sub-section (1), for the word "board", wherever it occurs, the words"central drugs authority" shall be substituted;(b) in sub-section (2),––30(i) in clause (e), for the words "manufacture for sale or for distribution, for the sale and for the distribution", the words "manufacture for sale or for export or for distribution for the sale, for the export and for the distribution" shall be substituted;(ii) in clause (h), for the words "sale, stocking or exhibition for sale, or distribution", the words "sale, export, stocking or exhibition for sale, or export, or distribution" shall be substituted;35(iii) in clause (i), for the words "sale, stocking or exhibition for sale, or distribution", the words "sale, export, stocking or exhibition for sale, or export, or distribution" shall be substituted;(iv) in clause (k), for the words "manufacture, sale or stocking or exhibition for sale, or distribution", the words "manufacture, sale, export or stocking or exhibition for sale, or for export or distribution" shall be substituted40amendment of section 33p46 in section 33p of the principal act, for the words "any state government", the words "any state government or the central drugs authority" shall be substituted47 after section 33p of the principal act, the following sections shall be inserted, namely:––\| insertion \|\|--------------\|\| new sections \|\| 33q and 33r \|5"33q the central drugs authority may suspend or cancel any permission, licence or certificate issued by the central licensing authority or the state licensing authority, in the public interest and for the reasons to be recorded in writing or if the permission, licence or certificate, as the case may be, is found not to have been issued in accordance with the provisions of this act and the rules and regulations made thereunder, in the manner as may be prescribedpower of central drugs authority to suspend or cancel permission, licence or certificate granted under this act appeals1033r (1) any person aggrieved by any action or decision of any state licensing authority or the central licensing authority, may prefer an appeal to the central drugs authority within such period and in such manner as may be prescribed(2) any person aggrieved by any action or decision of the central drugs authority, may prefer an appeal to the central government within such period and in such manner as may be prescribed"1548 in section 34a of the principal act,––amendment of section34a(a) for the words, figures and letter "chapter iv or chapter iva", at both the places where they occur, the words, figures and letters "chapter ib, chapter iia, chapter iii, chapter iv or chapter iva" shall be substituted;20(b) for the words "manufacture, sale or distribution of drugs", the words "clinical trial, import, manufacture, sale, export or distribution of drugs, cosmetics or medical devices" shall be substituted 49 in section 34aa of the principal act,––amendment of section34aa(i) in clause (c), for the words "any drug or cosmetic", the words "any drug or cosmetic or medical device" shall be substituted;25(ii) in clause (d) for the words "one thousand rupees", the words "one lakh rupees" shall be substituted 50 after section 34aa of the principal act, the following section shall be inserted, namely:––\| insertion \| of \|\|--------------\|---------\|\| new \| section \|\| 34aaa \| \|30\| penalty \|\|------------------\|\| submission of \|\| misleading or \|\| wrong infor- \|\| mation or re- \|\| fusal to furnish \|\| information \|"34aaa whoever himself or by any other person on his behalf imports, manufactures, stocks, sells, distributes or exports, or intends to do so, any drug or cosmetic or medical device and submits misleading or wrong information or refuses to provide correct information in that regard as required by the licensing authority under this act shall be punishable with imprisonment for a term which shall not be less than three years and shall also be liable to fine which shall not be less than one lakh rupees"3551 after section 35 of the principal act, the following sections shall be inserted, namely:––\| insertion \|\|--------------\|\| new sections \|\| 35a and 35b \|"35a any person convicted for an offence under this act shall be liable to bear the cost of storage of any article related to such offence, seized under this act\| liability \|\|-----------------\|\| bear storage \|\| cost of seized \|\| article, drugs, \|\| etc \|535b the seized spurious or misbranded or adulterated or not of standard quality drugs, cosmetics and medical devices, having been proved so and after their use as evidence in the case before the court is over, shall be destroyed by the official authority in custody of these products in the manner as may be prescribed and the convicted person shall be liable to bear the cost of destruction of seized articles"mandatory destruction of seized spurious or adulterated or not of standard quality drugs, cosmetics and medical devices52 for section 38 of the principal act, the following section shall be substituted, namely:––substitution of new section for section 3810rules and regulations to be laid before parliament15"38 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation"insertion of new schedule53 after the second schedule to the principal act, the following schedule shall be inserted, namely:––20 "the third schedule [see section 18(3)]categories of drugs which the central licensing authority isempowered to issue licence:1 sera;252 solution of serum proteins intended for injection; 3 vaccines; and includes dna vaccines and vaccines containing living geneticallyengineered organisms;4 toxins; 5 antigens and anti-toxins; 6 anti-biotics (betalactums and cephalosporins);307 parenteral preparations meant for parenteral administration; 8 hormones and preparations containing hormones; 9 r-dna derived drugs; 10 rna interference based products; 11 monoclonal anti-bodies;3512 cellular products and stem cells; 13 gene therapeutic products; 14 xenografts; 15 cytotoxic substances (anti-cancer drugs);4016 blood products; 17 modified living organisms" statement of objects and reasonsthe drugs and cosmetics act, 1940 is a consumer protection law, which is concerned with the standards and quality of drugs and cosmetics and regulates their import, manufacture, sale and distribution in the country2 in january, 2003, the central government constituted an expert committee under the chairmanship of dr ra mashelker, director general of the council of scientific and industrial research (csir) to undertake a comprehensive examination of drug regulatory issues, including the menace of spurious drugs and to suggest measures to improve the drug administration in the country the committee noted that the problems in the drug regulatory system in the country are primarily due to inadequate or weak drug control infrastructure at the state and central level and therefore, recommended centralised licensing of manufacture of drugs the committee further recommended for a strong, well equipped, empowered, independent and professionally managed central drugs standard control organisation (cdsco) which may be given the status of central drug administration reporting directly to the central government3 with a view to give effect to the recommendations of the mashelkar committee, the central government introduced the drugs and cosmetics (amendment) bill, 2007 in the rajya sabha on 21st august, 2007, which, inter alia, provided for centralised licensing of manufacture of drugs, regulatory provisions for clinical trials and export of drugs and cosmetics, creation of strong, well equipped, empowered, self managed and independent central drugs authority in place of the existing central drugs regulatory body ie the cdsco and do away with the drugs technical advisory board4 the said bill was referred to the department-related parliamentary standing committee on health and family welfare for examination and report the committee in its 30th report made several recommendations, including for creation of a separate chapter for regulating medical devices the provisions relating to regulation of clinical trials and exports in the bill also needed to be made more comprehensive and therefore, the central government decided to withdraw the bill of 2007 and introduce a new bill, namely, the drugs and cosmetics (amendment) bill, 2013 excluding the provisions relating to ayush drugs for which a separate bill will be brought before parliament5 the new bill contains, inter alia, a revised approach to the centralised licensing, in respect of seventeen categories of very critical drugs included in the proposed third schedule to the act, a separate chapter containing regulatory provisions for medical devices, more comprehensive provisions for regulating clinical trials and exports and a revised composition of the central drugs authority consisting of, inter alia, secretaries of seven ministries and departments of the central government, four state drugs controllers and four experts, with the drugs controller general (india) as its member-secretary the drugs technical advisory board has been retained6 in the bill certain other amendments are also proposed which are consequential in nature the bill also seeks to harmonise different provisions of the act7 the notes on clauses explain in detail the various provisions of the bill 8 the bill seeks to achieve the above objectsnew delhi;ghulam nabi azadthe 16th august, 2013 notes on clausesclause 1—this clause provides for the short title and commencement of the proposed legislationclause 2—this clause seeks to amend the long title and preamble of the drugs and cosmetics act, 1940 (hereinafter referred to as the act) it is proposed to insert "medical device" with "drugs and cosmetics" in the long title and "regulation of safety, efficacy, quality, etc of medical devices, export of drugs and clinical trials" in the preambleclause 3—this clause seeks to amend sub-section (1) of section 1 of the act, to substitute the words "and cosmetics" the words "cosmetics and medical devices" in the short titleclause 4—this clause seeks to substitute the word "inspector" with the words"drugs control officer" throughout the actclause 5—this clause seeks to amend section 2 of the act so as to substitute the"dangerous drugs act,1930" with "the narcotic drugs and psychotropic substances act, 1985"clause 6—this clause seeks to amend section 3 of the act relating to definitions, to define "bioavailability study", "bioequivalence study", "medical device technical advisory board", "central drugs authority", "central drugs laboratory", "central licensing authority", "chairperson", "clinical trial", "new drug", "drugs control officer", "medical device officer", "drugs controller general of india", "ethics committee", "indian pharmacopoeia", "investigational medical device", "investigational new drug", "investigator", "manufacture", "medical device" "member", "protocol", "regulations", "sponsor", "state government", "state licensing authority", "schedule" and to amend the definitions of "cosmetic" to insert " new cosmetics", "drugs" to insert "or microbes" after the words "destruction of vermin or insects", to omit the provisions of "medical device" and to insert the provisions relating to "new drug", to substitute "manufacture" to take care of "exports", "human blood and its components" and "medical devices", to substitute the words "central government" with the words "central drugs authority" etcclause 7—this clause seeks to insert new chapters, chapter ia titled "centraldrugs authority" containing proposed new sections 4a to 4-o and chapter ib with chapter heading "clinical trials" containing proposed new sections 4p to 4zlthe proposed new section 4a provides for the constitution of the central drugs authority, which shall be a body corporate having perpetual succession and common seal, its location of head office and empowers the central drugs authority to establish its offices in other places in indiathe proposed new section 4b provides for composition of the central drugs authority, terms of office of its members and conduct of its meetingsthe proposed new section 4c provides for the reference of central drugs authority vis-a-vis the central drugs standards control organisation; ownership of property, assets, etc; rights and liabilities to be transferred; debts, obligations and liabilities incurred and contracts entered, by, with or for before the date of constitution of the central drugs authority shall be deemed to have been vested, transferred, incurred, and entered in or by the central drugs authority; money due shall be deemed to be due and suits and legal proceedings in the name of central drugs standards control organisation may be continued or instituted by or against the central drugs authority and the employees of the central drugs standards control organisation shall be transferred to the central drugs authority with same terms and conditions and their absorption thereinthe proposed new section 4d provides for declaration of conflict of interests by the members of central drugs authoritythe proposed new section 4e provides that any vacancy in, or any defect in the constitution of the central drugs authority, or any defect in the nomination of a person as a member, or any irregularity in its procedure not affecting the merits of a case, shall not invalidate its proceedingsthe proposed new section 4f provides for the manner of resignation of a nominated member and further provides that unless permitted to relinquish, to continue in office until the expiry of three months from the date of receipt of notice of resignation or until a person duly appointed as his successor or until the expiry of his term of office, which is the earliestthe proposed new section 4g empowers the central government to appoint the drugs controller general of india and to determine his salaries, allowances and pensionsthe proposed new section 4h empowers the central government to create posts in the central drugs authority and to determine the manner of appointment, salaries, allowances, pensions and other conditions of service of its officers and employeesthe proposed new section 4-i enumerates the powers and functions of the central drugs authority such as, to specify by regulations the guidelines, norms, etc; assess periodically the functioning of the central and state licensing authorities; power to issue directions to ensure compliance of guidelines, norms, etc, to review, suspend or cancel permission, licence or certificate issued by the central or state licensing authority; to specify the fees, or charges for issue or renewal of licenses; coordinate, mediate and decide upon the disputes arising out of the implementation of the provisions of the act, rules, etc, recommend to the central government the measures as regards the standards of drugs, cosmetics, etcthe proposed new section 4j provides for the powers and functions of the drugs controller general of india sub-section (2) of the aforesaid section provides that the drugs controller general of india shall exercise the powers such as, to issue, renew, suspend, or cancel licence for import, export or manufacture of drugs, cosmetics or medical device or for permission for conduct criminal trials; to recall or direct to recall any drug, cosmetic or medical device; collect fees or charges for licenses, etc sub-section (3) empowers the drugs and controller general of india to delegate his powers with the prior approval of central drugs authority; sub-section (4) provides that the drugs controller general of india shall be the legal representative of the central drugs authority and sub-section (5) provides that the drugs controller general of india shall have administrative control over the officers and employees of the central drugs authoritythe proposed new section 4k provides for financial grants to be made by the central government to the central drugs authoritythe proposed new section 4l provides for maintenance of proper accounts by the central drugs authority and the details regarding procedure for auditing of its accountsthe proposed new section 4m provides for preparation of an annual report by the central drugs authority, which shall be forwarded to the central government and also be laid before each house of parliamentthe proposed new section 4n lays down the powers of the central government to make rules for giving effect to the provisions as contained in chapter iathe proposed new section 4-o lays down the power of the central drugs authority to make regulations consistent with this act and the rules made thereunderthe proposed new section 4p prohibits clinical trial without permission sub-section(1) of the aforesaid section prohibits the conduct of clinical trials in respect of a new drug or investigational new drug or medical device or investigational medical device or cosmetic or bioavailability or bioequivalence study of any drug in human subjects without due permission from the central licensing authority sub-section (2) prohibits conduct of any clinical trial unless approved by the ethics committee sub-section (3) prohibits conduct of clinical trial before registration with the central drugs authority sub-section (4) provides that no permission from central licensing authority is required by the government institute, hospital, etc, to initiate or conduct any bioequivalence or bioavailability studies of approved drugsthe proposed new section 4q empowers the drugs controller general of india or any other prescribed authority to decide the cause of injury or death of person which may occur in course of or due to clinical trial, and the manner thereofthe proposed new section 4r provides for the person conducting clinical trial to give medical treatment and compensation in case of an injury or death of a person as a result of his participation in clinical trial, and the manner thereofthe proposed new section 4s empowers the central licensing authority in public interest to abbreviate, defer or omit the pre-clinical and clinical data requirements for approval of clinical trial indicated in life threatening or serious diseases or diseases of special relevance to the countrythe proposed new section 4t provides for the registration of ethics committee constituted for the purpose with the central licensing authority, the period of its validity and its renewalthe proposed new section 4u provides for the composition of the ethics committee the proposed new section 4v provides for the functions and responsibilities of the ethics committee such as, to give its approval for clinical trial protocol and other related documents; to safe guard the rights, safety and wellbeing of all trial participants enrolled in the clinical trial; to make periodic review of the trial, based on the study progress reports; to revoke its approval to a clinical trial, etcthe proposed new section 4w empowers the central licensing authority to suspend or cancel the registration of ethics committee and disqualification of its members on such cancellation, in case the ethics committee fails to discharge its functions and responsibility under the actthe proposed new section 4x empowers the central licensing authority to carry out inspections of clinical trials and provides that the person conducting clinical trial shall allow the drugs control officer or medical device officer to enter with or without prior notice in to any premises related to clinical trial to inspect the facilities, record, data, document books and can also seeks clarifications, information's, etcthe proposed new section 4y provides for the person, sponsor and organisation conducting clinical trial to disclose name, address and other particulars of the persons involved in conducting the clinical trials, including the trial participantsthe proposed new section 4z provides for the person, sponsor and organisation to mantain of data, records, registers and other documents and furnishing of information related to clinical trials to the central drugs authoritythe proposed new section 4za provides for penalty for conducting clinical trials in respect of any drug or investigational new drug or any medical device or investigational medical device without permissionthe proposed new section 4zb provides for penalty for repeat offence for conducting clinical trials in respect of any drug or investigational new drug or any medical device or investigational medical device without permissionthe proposed new section 4zc provides for penalty for conducting clinical trial of cosmetics without permissionthe proposed new section 4zd provides for penalty for repeat offence for conducting clinical trial of cosmetics without permissionthe proposed new section 4ze provides for penalty for violation of conditions of permission for clinical trials in respect of any drug or investigational new drug or any medical device or investigational medical device or cosmetic it further provides enhancement of penalty for resulting grievous hurt or death during clinical trialthe proposed new section 4zf provides for penalty for repeat offence for contravention of conditions of permission for clinical trials in respect of any drug or investigational new drug or any medical device or investigational medical device or cosmeticsthe proposed new section 4zg provides for penalty for failure to provide compensation for clinical trial related injury or deaththe proposed new section 4zh provides for penalty for contravention to any provisions under the chapter ib not covered under section 4p, section 4q, section 4r, section 4s section 4t, section 4u, section 4w, section 4x, section 4y, section 4z or any rule made under chapter ibthe proposed new section 4zi provides for confiscation, upon conviction of the persons contravening any provisions of chapter ib, of the stock of the drug or investigational new drug or medical device or investigational medical device or cosmetic in respect of which the contravention has been made as well as any implements or machinery, vehicle, vessel or other conveyances used in or for the purposes of conducting clinical trialsthe proposed new section 4zj provides that no court shall take cognizance of offence under chapter ib pertaining to clinical trials except on complaint made by persons mentioned thereinthe proposed new section 4zk empowers the central government to make rules after consultation with the central drugs authority, to give effect to the provisions of chapter ibthe proposed new section 4zl excludes the application of provisions of chapter ib to ayurvedic, homeopathic, siddha or unani drugsclause 8—this clause provides for substitution of the existing heading of chapter iiof the act with the heading "technical advisory boards, central drugs laboratories and consultative committee"clause 9—this clause seeks to amend section 5 of the act which provides for constitution, composition, functions, manner for nomination or election of members of the drugs technical advisory board to advise the central government and the state governments on technical mattersclause 10—this clause seeks to insert a new section 5a so as to provide for constitution, composition, functions, manner for nomination or election of members medical devices technical advisory board to advise the central government, the central drugs authority and the state governmentclause 11—this clause seeks to amend section 6 of the act with in respect to establishment and determination of functions of a central drugs laboratory by the central drugs authority and the rule making powers of the central government in that regardclause 12—this clause seeks to amend section 7 of the act for renaming the drugs consultative committee as the "drugs, cosmetics and medical device consultative committee", its composition and provides for the committee to meet at least twice in a year and the power to regulate its own procedureclause 13—this clause seeks to inserts a new chapter, chapter iia, titled "import, manufacture, sale, distribution and export of medical devices" containing proposed new sections 7b to 7n"the proposed new section 7b provides for definition of "standard quality" for in relation to medical devicesthe proposed new section 7c provides for definition of "misbranded medical device" the proposed new section 7d provides for definition of 'adulterated medical device' the proposed new section 7e provides for definition of "spurious medical device" the proposed new section 7f provides for prohibition, with certain exemptions of,(i) import, manufacture for sale or export of any medical device which is not of standard quality; misbranded, adulterated, spurious, not displayed on the lable in prescribed manner, with therapeutic claims, with components which render it unsafe or harmful to use or in violation of any provision of chapter iia or rules made thereunder; import, manufacture for sale or export of medical devices except under and in accordance with the conditions of a licence or certificate issued by the central licensing authority; (ii) prohibits sell or stock or distribute or exhibit or offer for sale of medical device; sell or stock or exhibit or offer for sale of medical device which has been imported or manufactured in contravention of any provisions of the act; sell, stocking, exhibiting, offering for sale or distribution of medical devices except under a licence issued by the licensing authority it further provides for the state government to designate one or more persons as state licensing authoritythe proposed new section 7g provides for the law relating to customs and goods shall subject to the provisions of sections 7j,7k, and 7l apply in respect of medical device the import of which is prohibited under chapter iia and empowers the customs officers to exercise the powers under this act regarding import of medical device it further provides for the commissioner of customs or any other officer of the central government to detain any imported package suspected to have contained medical device which is prohibited for import and shall report of such detention to the drugs controller general of india and if necessary, forward it to laboratory and further in the event the package or sample of that medical device found in contravention of any of the provisions of this chapter or rules made thereunder, the same shall not be allowed to be importedthe proposed new section 7h provides for the appointment of medical device officers by the central drugs authority and their powers and duties it further provides that the medical device officers so appointed shall be deemed to be public servantthe proposed new section 7-i provides for power of the central government to regulate, restrict or prohibit import, manufacture, sale or distribution of any medical device in public interest which is likely to involve any risk to human beings or animals, etcthe proposed new section 7j provides for offences of import, manufacture for sale, stocking, exhibiting, offering for sale of medical device or distribution or export of any adulterated, spurious or not of standard quality medical device, grievous injury or death caused thereby, the penalties therefor and payment of fines to the person or his legal heir who had used such medical device, causing him grievous hurt or his deaththe proposed new section 7k provides for penalty for import, manufacture, sell, export or distribution of any medical device in contravention of provisions of any notification issued under section 7-ithe proposed new section 7l provides for penalty for committing repeat offences specified under sections 7j and 7kthe proposed new section 7m provides for confiscation of medical device, implements, machinery, receptacles, packages, coverings, animals, vehicles, vessels or other conveyances of persons convicted for offences under chapter iia or rules made thereunder it further provides that the court may on the application of the medical device office after inquiry pass an order of confiscation, if the medical device is not of standard quality or is misbranded, adulterated, etcthe proposed new section 7n lays down the powers of the central government to make rules for giving effect to the provisions as contained in this chapterclause 14—this clause seeks to amend section 8 of the act to substitute the word"board" with "central drugs authority" in respect of consultation by the central government with the words central drugs authority, instead of with the drug technical advisory board, for amending the second schedule of the act relating to standards of drugs for the purpose of chapter iii relating to import of drugs and cosmeticsclause 15—this clause seeks to insert new section 9e to provide for definition of adulterated cosmeticsclause 16—this clause seeks to amend section 10 of the act for including "adulterated cosmetics" under prohibited cosmetics, and substituting "board" with "central drugs authority" for advising the central government on permitting import of not-of-standard quality drugsclause 17—this clause seeks to amend section 11 of the act by inserting a proviso in sub-section (2) for prohibiting import of drug or cosmetic from that or any other port in the country, if the package of such drug or cosmetic is found in contravention of provisions of chapter iii of the actclause 18—this clause seeks to amend sub-section (1) of section 12 of the act to substitute the word "board" with the words "central drugs authority" clause 19—this clause seeks to substitute section 13 of the act by new sections 13and 13a the proposed new section 13 provides for offences of import of any adulterated, spurious or not of standard quality drug or cosmetics, grievous injury or death caused thereby, punishment and penalties therefor and payment of fines to the person or his legal heir who had used such drugs or cosmetics, causing him grievous hurt or deaththe proposed new section 13a provides for penalty for committing repeat offences mentioned under section 13 relating to import of adulterated drugs, cosmetics, etcclause 20—this clause seeks to amend section 16 of the act to substitute the word"board" with the words "central drugs authority", in respect of consultation by the central government with the central drugs authority, instead of with the drug technical advisory board, for amending the second schedule of the actclause 21—this clause seeks to substitute section 18 of the act to provide for prohibition on issuance of licence by the state government for manufacture for sale, etc, of new drugs without prior permission of the central licensing authority and putting responsibility for ensuring thereof on the state government; designation of persons as state licensing authorities on prescribed terms and conditions by the state governments, and their powers and functions; power of central licensing authority to issue of licence or certificate for manufacture for sale or for export of drugs included in the third and prohibition on issuance of licence for manufacture of any drugs included in the third schedule by the state licensing authorities; power of central government to amend the third schedule in consultation with the central drugs authority by notification with the prior publication in the official gazette, etcclause 22—this clause seeks to amend section 18a of the act to substitute the words "drug or cosmetic" with the words "drug or cosmetic or medical device" relating to disclosure of name of manufacturer, etc, from whom any person has acquired such products, and empowering medical device officers also, alongwith drug inspectors, to whom such disclosures are to be madeclause 23—this clause seeks to amend section 18b of the act to provide for including licensees under chapter iia relating to medical devices and chapter iii relating to import of drugs and cosmetics requiring them to maintain prescribed records, registers and other documents and information and to furnish the required information to the appropriate officer or authorityclause 24—this clause seeks to insert new sections 18d, 18e and 18f in the act the proposed new section 18d empowers the central licensing authority to issue permission or licence or certificate, as the case may be, for export of drugs, cosmetics or medical devicesthe proposed new section 18e provides for penalty for contravention of provisions of section 18d relating to export of drugs, cosmetics or medical devicesthe proposed new section 18e provides for penalty for committing repeat offences specified under section 18e relating to export of drugs, cosmetics or medical devicesclause 25—this clause seeks to amend section 19 of the act relating to "pleas" to insert provisions for covering matters relating to chapter iia, chapter iii, adulterated and spurious cosmetics under chapter iv as well as exports under new section 18dclause 26—this clause seeks to amend section 20 of the act to provide for appointment of government analysts for medical devices or classes of medical device also, appointment of government analysts in the central government by the central drugs authority instead of by the central government and bringing financial interests in exports also within the purview of disqualifications for appointment as government analystsclause 27—this clause seeks to amend section 21 of the act to provide for appointment of drug inspectors in the central government by the central drugs authority instead of by the central government, bringing financial interests in exports also within the purview of disqualifications for appointment as inspector and to insert a new sub-section (5) to provide that the inspector appointed before the commencement of the amendment act shall after commencement of such act be deemed to have been appointed as drugs control officer and shall continue to discharge his function as drugs control officerclause 28—this clause seeks to amend section 22 of the act to substitute the word"inspector" with the words "drugs control officer and medical device officer"; bringing chapter iia, relating to medical devices, and exports also within the purview of application of this section; the procedure for taking custody of materials seized by the drugs control officer or the medical device officer and for enhancing the penalty for obstructing him from performing his dutiesclause 29—this clause seeks to substitute section 23 of the act to provide that the sample of drugs or cosmetics or medical devices shall be taken by the drugs control officer or the medical device officer in the manner as may be specified in rulesclause 30—this clause seeks to substitute section 24 of the act to provide for disclosure of information relating to manufacture of medical devices as well, and to empower the medical device officer who can also exercise the powers under the sectionclause 31—this clause seeks to substitute section 25 of the act to provide that the government analyst shall submit report in relation to samples of drugs or cosmetics or medical devices and the action to be taken thereon, in the manner as may be specified in the rulesclause 32—this clause seeks to amend section 26 of the act to substitute the words"drug or cosmetic" with the words "drug or cosmetics or medical device" to enable a purchaser to submit samples of medical devices also to a government analyst for test and analysis and receive report thereofclause 33—this clause seeks to substitute section 26a of the act empowering the central government to regulate, restrict or prohibit the manufacture, sale or distribution of drugs or cosmetic or medical device if use of such drug, cosmetic or medical device is likely to involve any risk to human beings or animals or that any drug or medical device does not have the therapeutic value claimed, etcclause 34—this clause seeks to amend section 26b of the act to substitute the word"drug" with the words "drug or medical device" to regulate or restrict the manufacture, sale or distribution of medical devices as well in case of emergency and in public interestclause 35—this clause seeks to amend section 27 of the act to bring export of drugs within the purview of the penalty provided in this section; to enable the "legal heir" instead of "relative" of the deceased for receiving the financial claims realised from the convict and to omit the "explanation" containing the details of the relatives entitled for receiving such claimsclause 36—this clause seeks to amend section 27a of the act so as to provide the export of cosmetics also within the purview of the penalty provided in the sectionclause 37—this clause seeks to amend section 28 of the act to enhance penalty for non-disclosure of the name of the manufacturer, place of manufacture, etc, in contravention of provisions of sections 18a and 24 of the actclause 38—this clause seeks to amend section 28a of the act to enhance penalty for not keeping of documents, non-disclosure of information, etc, in contravention of provisions of sections 18b of the actclause 39—this clause seeks to amend section 28b of the act to enhance penalty in contravention of provisions of section 26a relating to drugs, cosmetics and medical devices whose manufacture, sale or distribution has been regulated, restricted or prohibited under that sectionclause 40—this clause seeks to amend section 29 of the act to include medical devices also within the purview of the penalty for use of report of government analyst for advertisement of drug or cosmetic and to enhance the penalty thereforclause 41—this clause seeks to amend section 30 of the act to enhance the penalties for repeat offences relating to manufacture, sale, etc, of cosmetics in contravention of provisions of chapter iv and for use of report of government analyst for the purpose of advertisement of the product and to insert a new sub-section (3) to provide for penalty for repeat offence for non-disclosure of the name of the manufacturer, place of manufacture, etc, and for not keeping of documents, non-disclosure of information, etc, in contravention of provisions of sections 28a and 28b of the actclause 42—this clause seeks to amend section 31 of the act relating to confiscation so as to include "exports" within its purview and expanding its purview to the provisions of new section 18 pertaining to prohibition on manufacture, sale, distribution, etc, without licence, which would now include licenses issued by the central licensing authority as wellclause 43—this clause seeks to amend section 31a of the act to provide for application of provisions of new chapter ib relating to clinical trials and new chapter iia relating to import, manufacture, sale, distribution and export of medical devices, along with chapter iv exempting the provisions of sections 4zi and 7m relating to confiscationclause 44—this clause seeks to amend section 32 of the act relating to cognizance of offences and to substitute the word "inspector" with the words "drugs control officer or medical device officer" and to insert new chapter iia within its purviewclause 45—this clause seeks to amend section 33 of the act relating to power of central government to make rules and to provide for consulting the "central drug authority" in place of the "drug technical advisory board" and for including exports as well within the purview of these rulesclause 46—this clause seeks to amend section 33p of the act relating to power of the central government to give directions by including the central drugs authority also within the purview of these directionsclause 47—this clause seeks to insert new sections 33q and 33r in the act the proposed new section 33q empowers the central drugs authority to suspend or cancel any permission, licence or certificate issued by the central licensing authority or the state licensing authority, in the public interest if such permission, licence or certificate is found not to have been issued in accordance with the provisions of the actthe proposed new section 33r provides for preferring appeal to the central drugs authority against any action or decision of any state licensing authority or the central licensing authority and to the central government against any action or decision of the central drugs authorityclause 48—this clause seeks to amend section 34a of the act relating to offences by government department so as to insert the new chapter ib relating to clinical trials, new chapter iia relating to import, manufacture, sale, distribution and export of medical devices within the purview of this sectionclause 49—this clause seeks to amend section 34aa of the act relating to penalty for vexatious search or seizure so as to include medical devices within the purview of the section and to enhance the penalty provided thereforclause 50—this clause seeks to insert a new section 34aaa to provide for penalty for submission of misleading or wrong information or refusal to furnish information as required by the licensing authorityclause 51—this clause seeks to insert new sections 35a and 35b in the act the proposed new section 35a imposes the liability to bear the cost of storage of any article seized for any offence under this act on the person convicted for that offencethe proposed new section 35b provides for destruction of the seized spurious, misbranded, adulterated or not-of-standard quality drugs, cosmetics and medical devices after their use in the court as evidence and placing the liability to bear the cost of such destruction on the convicted personclause 52—this clause seeks to substitute section 38 of the act relating to laying of rules and regulations made under the actclause 53—this clause seeks to insert a new schedule, namely, "the thirdschedule", in the act relating to categories of drugs which the central licensing authority is empowered to issue licence containing seventeen categories of drugs financial memorandumclause 7 of the bill proposes to insert, inter alia, new section 4a relating to constitution of central drugs authority sub-section (4) of the aforesaid section empowers the central drugs authority to establish its offices sub-section (3) of the proposed new section 4b provides for allowances payable to members on account of holding of meetings of the central drugs authority the proposed new sub-section (2) of section 4g provides for salaries, allowances and pensions of the drugs controller general of india the proposed new section 4h empowers the central drugs authority to create posts sub-section (2) of the aforesaid section 4h provides for salaries, allowances and pensions to the officers and employees of the central drugs authority which shall be determined by the central government2 the bill, if enacted and brought into operation, may involve expenditure from the consolidated fund of india and is not likely to involve any other expenditure whether of a recurring or non-recurring nature memorandum regarding delegated legislationclause 7 of the bill proposes to insert new chapters ia and ib (containing new sections4a to 4zl) in the drugs and cosmetics act, 1940the proposed new section 4-i provides that the central drugs authority shall specify, by regulations, (i) the guidelines, norms, structures and requirements for effective functioning of the central licensing authority and the state licensing authorities and (ii) the fees or charges for issue or renewal of licenses, certificates, approvals and permissions by the central licensing authority and the state licensing authoritiesthe proposed new section 4n empowers the central government to make rules for giving effect to the provisions of chapter ia after consultation with, or on the recommendation of, the central drugs authority and subject to previous publication by notification in the official gazettethe proposed new section 4-o empowers the central drugs authority to make regulations consistent with the act and the rules made thereunder, with the approval of the central government, by notification in the official gazettethe proposed new section 4zk empowers the central government to make rules for giving effect to the provisions of chapter ib after consultation with, the central drugs authority and after previous publication by notification in the official gazette2 clause 10 of the bill proposes to insert a new section 5a in the act sub-section (4)of the proposed new section 5a confers power on the medical device technical advisory board, in consultation with the central drugs authority, and subject to the previous approval of the central government, to make bye-laws fixing quorum and regulating its own procedure and the conduct of all business to be transacted by it3 clause 11 of the bill proposes to amend section 6 of the act the proposed subsection (1) of the aforesaid section provides, inter alia, that the central drugs authority may, in consultation with the central government, specify by regulations the functions of the central drugs laboratory in respect of any drug or class of drugs or cosmetic or class of cosmetics or medical device or class of medical devices to be performed by any other laboratory4 clause 13 of the bill proposes to insert a new chapter iia (containing new sections7b to 7n) in the act the proposed new section 7n empowers the central government to make rules for giving effect to the provisions of chapter iia after consultation with, or on the recommendation of, the central drugs authority and after previous publication, by notification in the official gazette5the matters in respect of which the rules or regulations may be made under the aforementioned provisions are matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the drugs and cosmetics act, 1940 (23 of 1940) an act to regulate the import, manufacture, distribution and sale of drugs and cosmeticswhereas it is expedient to regulate the import, manufacture, distribution and sale of drugs and cosmetics; chapter i introductory1 (1) this act may be called the drugs and cosmetics act,1940short title, extent and commencement 2 of 19302 the provisions of this act shall be in addition to, and not in derogation of, the dangerous drugs act, 1930 and any other law for the time being in forceapplication of other laws not barred definitions3 in this act, unless there is anything repugnant in the subject or context,— (aaa) "cosmetic" means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic;(b) "drug" includes— (ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette; (iv) such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette, after consultation with the board; (c) "government analyst" means— (ii) in relation to any other drug or cosmetic, a government analyst appointed by the central government or a state government under section 20; (e) "inspector" means— (i) in relation to ayurvedic, siddha or unani drug, an inspector appointed by the central government or a state government under section 33g; and(ii) in relation to any other drug or cosmetic, an inspector appointed bythe central government or a state government under section 21;(f) "manufacture" in relation to any drug or cosmetic includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution but does not include the compounding or dispensing of any drug, or the packing of any drug or cosmetic, in the ordinary course of retail business; and "to manufacture" shall be consrued accordingly; (h) "patent or proprietary medicine" means,— (ii) in relation to any other systems of medicine, a drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which is not included in the edition of the indian pharmacopoeia for the time being or any other pharmacopoeia authorised in this behalf by the central government after consultation with the drugs technical advisory board constituted under section 5; chapter iithe drugs technical advisory boardthe drugs technical advisory board, the central drugs laboratory and the drugsconsultative committee5 (1) the central government shall, as soon as may be, constitute a board (to be called the drugs technical advisory board) to advise the central government and the state governments on technical matters arising out of the administration of this act and to carry out the other functions assigned to it by this act(2) the board shall consist of the following members, namely:—(i) the director general of health services, ex officio, who shall be chairman; (ii) the drugs controller, india, ex officio; (iii) the director of the central drugs laboratory, calcutta, ex officio;(iv) the director of the central research institute, kasauli, ex officio;(v) the director of the indian veterinary research institute, izatnagar, ex officio;(vi) the president of the medical council of india, ex officio; (vii) the president of the pharmacy council of india, ex officio; (viii) the director of the central drug research institute, lucknow, ex officio; (ix) two persons to be nominated by the central government from among persons who are in charge of drugs control in the states;(x) one person, to be elected by the executive committee of the pharmacy council of india, from among teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on the staff of an indian university or a college affiliated thereto;(xi) one person, to be elected by the executive committee of the medical council of india, from among teachers in medicine or therapeutics on the staff of an indian university or a college affiliated thereto;(xii) one person to be nominated by the central government from the pharmaceutical industry;(xiii) one pharmacologist to be elected by the governing body of the indian council of medical research;(xiv) one person to be elected by the central council of the indian medical association;(xv) one person to be elected by the council of the indian pharmaceutical association;(xvi) two persons holding the appointment of government analyst under this act, to be nominated by the central government(3) the nominated and elected members of the board shall hold office for three years, but shall be eligible for re-nomination and re-election:provided that the person nominated or elected, as the case may be, under clause (ix)or clause (x) or clause (xi) or clause (xvi) of sub-section (2) shall hold office for so long as he holds the appointment of the office by virtue of which he was nominated or elected to the board(4) the board may, subject to the previous approval of the central government, make bye-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it [10] m c(7) the central government shall appoint a person to be secretary of the board and shall provide the board with such clerical and other staff as the central government considers necessarythe central drugs laboratory6 (1) the central government shall, as soon as may be, establish a central drugs laboratory under the control of a director to be appointed by the central government, to carry out the functions entrusted to it by this act or any rules made under this chapter:provided that, if the central government so prescribes, the functions of the central drugs laboratory in respect of any drug or class of drugs or cosmetic or class of cosmetics shall be carried out at the central research institute, kasauli, or at any other prescribed laboratory and the functions of the director of the central drugs laboratory in respect of such drug or class of drugs or such comestic or class of cosmetics shall be exercised by the director of that institute or of that other laboratory, as the case may be(2) the central government may, after consultation with the board, make rules prescribing— [10] m c(d) the procedure for the submission of the said laboratory under chapter iv or chapter iva of samples of drugs or cosmetics for analysis or test, the forms of the laboratory's reports thereon and the fees payable in respect of such reports; [10] m cthe drugs consultative committee7 (1) the central government may constitute an advisory committee to be called"the drugs consultative committee" to advise the central government, the state governments and the drugs technical advisory board on any matter tending to secure uniformity throughout india in the administration of this act(2) the drugs consultative committee shall consist of two representatives of the central government to be nominated by that government and one representative of each state government to be nominated by the state government concerned(3) the drugs consultative committee shall meet when required to do so by the central government and shall have power to regulate its own procedure chapter iii import of drugs and cosmetics8 (1) standards of quality(2) the central government, after consultation with the board and after giving by notification in the official gazette not less than three months, notice of its intention so to do, may by a like notification add to or otherwise amend the second schedule for the purposes of this chapter, and thereupon the second schedule shall be deemed to be amended accordingly 10 from such date as may be fixed by the central government by notification in the official gazette in this behalf, no person shall import—prohibition of import of certain drugs or cosmetics (ee) any consmetic containing any ingredient which may render it unsafe orharmful or use under the directions indicated or recommended; provided further that the central government may, after consultation with the board,by notification in the official gazette, permit, subject to any condition specified in the notification, the import of any drug or class of drugs not being of standard quality 11 (1) application of law relating to sea customs and powers of customs officers(2) without prejudice to the provisions of sub-section (1) the commissioner of customs or any officer of the government authorised by the central government in this behalf, may detain any imported package which he suspects to contain any drug or cosmetic the import of which is prohibited under this chapter and shall forthwith report such detention to the drugs controller, india, and if necessary, forward the package or sample of any suspected drug or cosmetic found therein to the central drugs laboratory power of central government to make rules12 (1) the central government may, after consultation with or on the recommendation of the board and after previous publication by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this chapter:provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the board shall be consulted within six months of the making of the rules and the central government shall take into consideration any suggestions which the board may make in relation to the amendment of the said rulesoffences 13 (1) whoever himself or by any other person on his behalf imports,—(a) any drug deemed to be adulterated under section 9a or deemed to be a spurious drug under section 9b or any spurious cosmetic referred to in section 9d or any cosmetic of the nature referred to in clause (ee) of section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees;(b) any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is prohibited under section 10, or any rule made under this chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;(c) any drug or cosmetic in contravention of the provisions of any notification issued under section 10a, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both (2) whoever having been convicted of an offence—(a) under clause (a) or clause (c) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both;(b) under clause (b) of sub-section (1), is again convicted of an offence under the clause, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both (3) the punishment provided by this section shall be in addition to any penalty to which the offender may be liable under the provisions of section 11 chapter iv manufacture, sale and distribution of drugs and cosmetics16 (1) standards of quality(2) the central government, after consultation with the board and after giving by notification in the official gazette not less than three months' notice of its intention so to do, may by a like notification add to or otherwise amend the second schedule for the purposes of this chapter, and thereupon the second schedule shall be deemed to be amended accordingly 18 from such date as may be fixed by the state government by notification in the official gazette in this behalf, no person shall himself or by any other person on his behalf—(a) manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute—prohibition of manufacture and sale of certain drugs and cosmetics(i) any drug which is not of a standard quality, or is misbranded, adulteratedor spurious;(ii) any cosmetic which is not of a standard quality, or is misbranded, adulterated or spurious;(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof the true formula or list of active ingredients contained in it together with the quantities, thereof;(iv) any drug which by means of any statement design or device accompanying it or by any other means, purports or claims to prevent, cure or mitigate any such disease or ailment, or to have any such other effect as may be prescribed;(v) any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended;(vi) any drug or cosmetic in contravention of any of the provisions of this chapter or any rule made thereunder; (b) sell, or stock or exhibit or offer for sale, or distribute any drug or cosmetic which has been imported or manufactured in contravention of any of the provisions of this act or any rule made thereunder;(c) manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute any drug or cosmetic, except under, and in accordance with the conditions of, a licence issued for such purpose under this chapter: provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis:provided further that the central government may, after consultation with the board, by notification in the official gazette, permit, subject to any conditions specified in the notification, the manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale or distribution of any drug or class of drugs not being of standard quality18a every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose to the inspector the name, address and other particulars of the person from whom he acquired the drug or cosmeticdisclosure of the name of the manufacturer, etcmaintenance of records and furnishing of information18b every person holding a licence under clause (c) of section 18 shall keep and maintain such records, registers and other documents as may be prescribed and shall furnish to any officer or authority exercising any power or discharging any function under this act such information as is required by such officer or authority for carrying out the purposes of this actpleas19 (1) save as hereinafter provided in this section, it shall be no defence in a prosecution under this chapter to prove merely that the accused was ignorant of the nature, substance or quality of the drug or cosmetic in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale(2) for the purposes of section 18 a drug shall not be deemed to be misbranded or adulterated or spurious or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality only by reason of the fact that—(a) there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or preparation of the drug or cosmetic as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the drug or cosmetic or to conceal its inferior quality or other defects; or (3) a person, not being the manufacturer or a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of section 18 if he proves—(a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer thereof;(b) that he did not know and could not, with reasonable diligence, have ascertained that the drug or cosmetic in any way contravened the provisions of that section; and(c) that the drug or cosmetic, while in his possession was properly stored and remained in the same state as when he acquired itgovernment analysts20 (1) the state government may, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be government analysts for such areas in the state and in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notifications(2) the central government may also, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be government analysts in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notification(3) notwithstanding anything contained in sub-section (1) or sub-section (2), neither the central government nor a state government shall appoint as a government analyst any official not serving under it without the previous consent of the government under which he is serving(4) no person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be a government analyst under sub-section (1) or sub-section (2) of this sectioninspectors21 (1) the central government or a state government may by notification in theofficial gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be inspectors for such areas as may be assigned to them by the central government or the state government, as the case may be (3) no person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be an inspector under this section\| \| \| \|\|-----------------------------------------------------------------------------------------------\|------\|------------------------------------------------------------------------------\|\| powers of \| \| \|\| inspectors \| \| \|\| 22 \| (1) \| subject to the provisions of section 23 and of any rules made by the central \|\| government in this behalf, an inspector may, within the local limits of the area for which he \| \| \|\| is appointed,— \| \| \|2 of 1974procedure of inspectors(a) inspect,—(i) any premises wherein any drug or cosmetic is being manufactured and the means employed for standardising and testing the drug or cosmetic;(ii) any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for sale, or distributed; (b) take samples of any drug or cosmetic,—(i) which is being manufactured or being sold or is stocked or exhibited or offered for sale, or is being distributed;(ii) from any person who is in the course of conveying, delivering or preparing to deliver such drug or cosmetic to a purchaser or a consignee; (c) at all reasonable times, with such assistance, if any, as he considers necessary,—(i) search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this chapter has been, or is being, committed; or(ii) enter and search any place in which he has reason to believe that an offence under this chapter has been, or is being, committed; or(iii) stop and search any vehicle, vessel or other conveyance which, he has reason to believe, is being used for carrying any drug or cosmetic in respect of which an offence under this chapter has been, or is being, committed, and order in writing the person in possession of the drug or cosmetic in respect of which the offence has been, or is being, committed, not to dispose of any stock of such drug or cosmetic for a specified period not exceeding twenty days, or, unless the alleged offence is such that the defect may be removed by the possessor of the drug or cosmetic, seize the stock of such drug or cosmetic and any substance or article by means of which the offence has been, or is being, committed or which may be employed for the commission of such offence;(cc) examine any record, register, document or any other material object found with any person, or in any place, vehicle, vessel or other conveyance referred to in clause (c), and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder; (cca) require any person to produce any record, register, or other document relating to the manufacture for sale or for distribution, stocking, exhibition for sale, offer for sale or distribution of any drug or cosmetic in respect of which he has reason to believe that an offence under this chapter has been, or is being, committed;(d) exercise such other powers as may be necessary for carrying out the purposes of this chapter or any rules made thereunder (2) the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to any search or seizure under this chapter as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code(2a) every record, register or other document seized under clause (cc) or produced under clause (cca) shall, be returned to the person, from whom they were seized or who produce the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken(3) if any person wilfully obstructs an inspector in the exercise of the powers conferred upon him by or under this chapter or refuses to produce any record, register or other document when so required under clause (cca) of sub-section (1), he shall be punishable with imprisonment which may extend to three years, or with fine, or with both23 (1) where an inspector takes any sample of a drug or cosmetic under this chapter, he shall tender the fair price thereof and may require a written acknowledgement therefor(2) where the price tendered under sub-section (1) is refused or where the inspector seizes the stock of any drug or cosmetic under clause (c) of section 22, he shall tender a receipt therefor in the prescribed form(3) where an inspector takes a sample of a drug or cosmetic for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into four portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked:provided that where the sample is taken form permises whereon the drug or cosmetic is being manufactured, it shall be necessary to divide the sample into three portions only:provided further that where the drug or cosmetic is made up in containers of small volume, instead of dividing a sample as aforesaid, the inspector may, and if the drug or cosmetic be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitably marking the same and, where necessary, sealing them(4) the inspector shall resotre one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the reminder and dispose of the same as follows:—(i) one portion or container he shall forthwith send to the government analyst for test or analysis;(ii) the second, he shall produce to the court before which proceedings, if any, are instituted in respect of the drug or cosmetic; and(iii) the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under section 18a (5) where an inspector takes any action under clause (c) of section 22,—(a) he shall use all despatch in ascertaining whether or not the drug or cosmetic contravenes any of the provisions of section 18 and, if it is ascertained that the drug or cosmetic does not so contravene forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized;(b) if he seizes the stock of the drug or cosmetic, he shall as soon as may be, inform a judicial magistrate and take his orders as to the custody thereof;(c) without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the drug or cosmetic, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order under the said clause (6) where an inspector seizes any record, register, document or any other material object under clause (cc) of sub-section (1) of section 22, he shall, as soon as may be, inform a judicial magistrate and take his orders as to the custody thereof24 every person for the time being in charge of any premises whereon any drug or cosmetic is being manufactured or is kept for sale or distribution shall, on being required by any inspector so to do, be legally bound to disclose to the inspector the place where the drug or cosmetic is being manufactured or is kept, as the case may bepersons bound to disclose place where drugs or cosmetics are manufactured or keptreports of government analysts25 (1) the government analyst to whom a sample of any drug or cosmetic has been submitted for test or analysis under sub-section (4) of section 23, shall deliver to the inspector submitting it a signed report in triplicate in the prescribed form(2) the inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and another copy to the person, if any, whose name, address and other particulars have been disclosed under section 18a, and shall retain the third copy for use in any prosecution in respect of the sample(3) any document purporting to be a report signed by a government analyst under this chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken or the person whose name, address and other particulars have been disclosed under section 18a has, within twentyeight days of the receipt of a copy of the report, notified in writing the inspector or the court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report(4) unless the sample has already been tested or analysed in the central drugs laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of a government analyst's report, the court may, of it own motion or in its discretion at the request either of the complainant or the accused: cause the sample of the drug or cosmetic produced before the magistrate under sub-section (4) of section 23 to be sent for test or analysis to the said laboratory, which shall make the test or analysis and report in writing signed by or under the authority of, the director of the central drugs laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein(5) the cost of a test or analysis made by the central drugs laboratory under subsection (4) shall be paid by the complainant or accused as the court shall directpurchaser of drug or cosmetic enabled to obtain test or analysis26 any person or any recognised consumer association, whether such person is a member of that association or not shall, on application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or analysis to a government analyst any drug or cosmetic purchased by him or it and to receive a report of such test or analysis signed by the government analyst1 of 1956explanation—for the purposes of this section and section 32, "recognised consumer association" means a voluntary consumer association registered under the companies act, 1956 or any other law for the time being in force26a without prejudice to any other provision contained in this chapter, if the central government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therepeutic justification and that in the public interest it is necessary or expedient so to do, then, that government may, by notification in the official gazette, regulate, restrict or prohibit the manufacture, sale or distribution of such drug or cosmeticpowers of central government to prohibit manufacture, etc, of drug and cosmetic in public interest26b without prejudice to any other provision contained in this chapter,if the central government is satisfied that a drug is essential to meet the requirements of an emergency arising due to epidemic or natural calamities and that in the public interest, it is necessary or expedient so to do, then, that government may, by notification in the official gazette, regulate or restrict the manufacture, sale or distribution of such drugpower of central government to regulate or restrict, manufacture, etc, of drug in public interest27 whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes,—penalty for manufacture, sale, etc, of drugs in contravention of this chapter45 of 1860(a) any drugs deemed to be adulterated under section 17a or spurious under section 17b and which when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his dealth or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the indian penal code, solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the durgs confiscated, whichever is more: provided that the fine imposed on and released from, the person convicted under this clause shall be paid, by way of compensation, to the person who had used the adulterated or spurious drugs referred to in this clause:provided further that where the use of the adulterated or spurious drugs referred to in this clause has caused the death of a person who used such drugs, the fine imposed on and realised from, the person convicted under this clause, shall be paid to the relative of the person who had died due to the use of the adulterated or spurious drugs referred to in this clauseexplanation—for the purposes of the second proviso, the expression ''relative''means—(i) spouse of the deceased person; or (ii) a minor legitimate son, and unmarried legitimate daughter and a widowed mother; or(iii) parent of the minor victim; or (iv) if wholly dependent on the earnings of the deceased person at the time of his death, a son or a daughter who has attained the age of eighteen years; or(v) any person, if wholly or in part, dependent on the earnings of the deceased person at the time of this death,—(a) the parent; or (b) a minor brother or an unmarried sister; or (c) a widowed daughter-in-law; or (d) a widowed sister; or (e) a minor child of a pre-deceased son; or (f) a minor child of a pre-deceased daughter where no parent of the child is alive; or(g) the paternal grandparent if no parent of the member is alive 27a whoever himself or by any other person on his behalf manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale—penalty for manufacture, sale, etc, of cosmetics in contravention of this chapter(i) any cosmetic deemed to be spurious under section 17d or adulterated under section 17e shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than fifty thousand rupees or three times to value of the cosmetics confiscated, whichever is more;(ii) any cosmetic other than a cosmetic referred to in clause (i) in contravention of any provisions of this chapter or any rule made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees, or with both 28 whoever contravenes the provisons of section 18a or section 24 shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than twenty thousand rupees or with bothpenalty for nondisclosure of the name of the manufacturer, etc28a whoever without reasonable cause or excuse, contravenes the provisions of section 18b shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty thousand rupees or with bothpenalty for not keeping documents, etc, and for nondisclosure of information28b whoever himself or by any other person on his behalf manufactures or sells or distributes any drug or cosmetic in contravention of the provisons of any notification issued under section 26a, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to five thousand rupeespenalty for manufacture, etc, for drugs or cosmetics in contravention of section 26a29 whoever uses any report of a test or analysis made by the central drugs laboratory or by a government analyst, or any extract from such report, for the purpose of advertising any drug for cosmetic, shall be punishable with fine which may extned to five thousand rupeespenalty for use of government analyst's report for advertising30 (1) whoever having been convected of an offence,—penalty for subsequent offences (1a) whoever, having been convicted of an offence under section 27a is again convicted under that section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both(2) whoever, having been convicted of an offence under section 29 is again convicted of an offence under the same section, shall be punishable with imprisonment which may extend to two years, or with fine which shall not be less than ten thousand rupees or with bothconfiscation31 (1) where any person has been convicted under this chapter for contravening any such provision of this chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the drug or cosmetic in respect of which the contravention has been made shall be liable to confiscation and if such contravention is in respect of— (ii) manufacture for sale, or for distribution, sale, or stocking or exhibiting or offering for sale, or distribution of any drug without a valid licence as required under clause (c) of section 18, any implements or machinery used in such manufacture, sale or distribution and any receptacles, packages or converings in which such drug is contained and the animals, vehicles, vessels or other conveyances used in carrying such drug shall also be lable to confiscation 31a the provisions of this chapter except those contained in section 31 shall apply in relation to the manufacture, sale or distribution of drugs by any department of government as they apply in relation to the manufacture, sale or distribution of drugs by any other personapplication of provisions t o government departments32 (1) no prosecution under this chapter shall be instituted except by—cognizance of offences(a) an inspector; or power of central government to make rules33 (1) the central government may after consultation with, or on the recommendation of, the board and after previous publication by notification in the official gazette, make rules for the purposes of giving effect to the provisions of this chapter:provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the board shall be consulted within six months of the making of the rules and the central government shall take into consideration any suggestions which the board may make in relation to the amendment of the said rules(2) without prejudice to the generality of the foregoing power, such rules may—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|(e) prescribe the forms of licences for the manufacture for sale or for distribution, for the sale and for the distribution of drugs or any specified drug or class of drugs or of cosmetics or any specified cosmetic or class of cosmetics, the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same the qualifications of such authority and the fees payable therefor; and provide for the cancellation or suspension of such licences in any case where any provision of this chapter or the rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with;\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|(h) require the date of manufacture and the date of expiry of potency to be clearly and truly stated on the label or container of any specified drug or class of drugs, and prohibit the sale, stocking or exhibition for sale, or distribution of the said drug or class of drugs after the expiry of a specified period from the date of manufacture or after the expiry of the date of potency;(i) prescribe the conditions to be observed in the packing in bottles, packages, and other containers of drugs or cosmetics, including the use of packing material which comes into direct contact with the drugs and prohibit the sale, stocking or exhibition for sale, or distribution of drugs or cosmetics packed in contravention of such conditions;\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|(k) prescribe the maximum proportion of any poisonous substance which may be added to or contained in any drug, prohibit the manufacture, sale or stocking or exhibition for sale, or distribution of any drug in which that proportion is exceeded, and specify substances which shall be deemed to be poisonous for the purposes of this chapter and the rules made thereunder\| \| \| \| \| \|\|------\|------\|------\|------\|-----\| chapter v miscellaneouspower to give directions33p the central government may give such directions to any state government as may appear to the central government to be necessary for carrying into execution in the state any of the provisions of this act or of any rule or order made thereunder\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|offences by government departments34a where an offence under chapter iv or chapter iva has been committed by any department of government, such authority as is specified by the central government to be in charge of manufacture, sale or distribution of drugs or where no authority is specified, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this section shall render any such authority or person liable to any punishment provided in chapter iv or chapter iva, as the case may be, if such authority or person proves that the offence was committed without its or his knowledge or that such authority or person exercised all due diligence to prevent the commission of such offence\| 34aa \| any inspector exercising powers under this act or the rules made thereunder, \|\|-------------\|---------------------------------------------------------------------------------\|\| who,— \| \|\| penalty for \| \|\| vexatious \| \|\| search or \| \|\| seizure \| \|\| \| \|(c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or(d) commits, as such inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty, shall be punishable with fine which may extend to one thousand rupees rules to be laid before parliament38 every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule ———— a billfurther to amend the drugs and cosmetics act, 1940————(shri ghulam nabi azad, minister of health and family welfare)gmgipmrnd—2316rs(s3)—26082013	Parliament_bills	79c482c0-6af2-542f-94fe-d9f1d35d59df
bill no 10 of 2016 the homeless pavement dwellers (welfare) bill, 2016 byshri gopal chinayya shetty, mp a billto provide for the welfare measures to be undertaken by the state for the homeless citizens living on the pavements of roads, under the bridges, flyovers, bus stops, railway yards, in parks or under the open sky in any public place in the metropolitan cities and other urban areas, and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the homeless pavement dwellers (welfare) act, 2016short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases the central government;5(b) "pavement dweller" includes a person living on the pavement or footpath, under the bridge, flyover, bus stop, railway station or yard, in park or under the open sky in any public place in the metros and urban areas; and(c) "prescribed" means prescribed by rules made under this act103 (1) the central government shall, in consultation with state governments and union territory administrations, as soon as may be, but within one year of the commencement of this act, formulate a national welfare policy for the homeless pavement dwellers for being uniformally implemented across the countrynational welfare policy for pavement dwellers(2) without prejudice to the generality of the foregoing provisions, the welfare policy may provide for—15(a) recognition of right of the dwellers to live on pavements without any hindrance or interference from any authority of the government including police and civic authorities till alternative shelter is made available to them;(b) humanitarian approach towards their homelessness and acute poverty by various government authorities;20(c) construction of sufficient number of night shelters or rain baseras with basic facilities at conspicuous places;(d) provision of necessary healthcare with free checkups including diagnostic ones and medicines through mobile dispensaries;(e) provision of potable water; (f) facility of mobile toilets or sulabh toilets wherever possible with bathing facility;25(g) facility of bed sheet and durry once a year on per person basis; (h) facility of blanket and woollens for each person during winter season; (i) free food for the dwellers twice a day; (j) free distribution of mosquito nets to save them from malaria, dengue and other vector borne diseases;30(k) free education to the children of dwellers with provision of free books, stationery and other educational materials dresses, shoes and hostel facilities in deserving cases and vocational training and career counseling for the growth of such children;35(l) necessary assistance in cash or in kind and advice for self employment of the dwellers;(m) withdrawal from begging and other crimes and reforming them in a time bound manner; and(n) such other measures as may be deemed necessary for the purposes of this act40(3) it shall be the duty of the appropriate government to implement the welfare measures prescribed under this act in such manner as may be prescribed4 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds from time to time for carrying out the purposes of this act45central government to provide requisite fundspower to remove difficulty5 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and the government of a state shall be guided by such directions and instructions on questions of policy as may be given to it by the central government:5provided that no order shall be made under this section after the expiry of a period of two years from the date of commencement of this actact to have overriding effect6 the provisions of this act and of rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force10power to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15 20(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule statement of objects and reasonsdue to population explosion in the country, the problem of homelessness has become quite acute and has become more severe in the urban areas this problem is multiplied when the people from rural areas migrate to urban areas in search of green pastures and pursue their dreams of better life but having a roof over their heads remains a distant dream for most of them after the hard work of the day, they chose some pavements to sleep during the night under the open sky mumbai is one such metropolitan city, the financial hub of the nation, which attracts the people from across the country to try their luck in bollywood and in other professions and pavements of mumbai provide sleeping space to these migrants at present millions of people live and subsist on the pavements or footpaths of mumbai struggling for basic amenities of two sqaure meals and healthcare by various means similar is the case of other metropolitans and other urban areas of the rest of the country these poverty stricken pavement dwellers face the vagaries of nature particularly during the rainy and winter seasons they have no other options but to live in inhuman conditions falling victims of diseases and many a time lose their lives in winter alone hundreds of such pavement dwellers lost their lives due to severe cold in delhi and other urban areas of north indiaours is a welfare state and it is the duty of the state to protect its citizens who are poor, homeless and end up on the pavements the state must implement welfare measures for such citizens of the nationhence this billnew delhi;gopal chinayya shettydecember 22, 2015 financial memorandumclause 3 of the bill provides for the formulation of a national welfare policy for pavement dwellers clause 4 makes it obligatory for the central government to provide requisite funds for carrying out the provisions of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty thousand crore may involve as recurring expenditure per annuma non-recurring expenditure of rupees ten thousand crore may also involve memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only the delegation of legislative power is of normal character———— a billto provide for the welfare measures to be undertaken by the state for the homeless citizens living on the pavements of roads, under the bridges, flyovers, bus stops, railway yards, in parks or under the open sky in any public place in the metropolitan cities and other urban areas, and for matters connected therewith or incidental thereto————(shri gopal chinayya shetty, mp)gmgipmrnd—4104l(s3)—12-02-2016	Parliament_bills	b4c6ec0b-771a-5c38-9b5e-10ba8053ca7b
the code on wages, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions 3 prohibition of discrimination on ground of gender 4 decision as to disputes with regard to same or similar nature of work chapter ii minimum wages5 payment of minimum rate of wages 6 fixation of minimum wages 7 components of minimum wages 8 procedure for fixing and revising minimum wages 9 power of central government to fix floor wage10 wages of employee who works for less than normal working day 11 wages for two or more classes of work 12 minimum time rate wages for piece work 13 fixing hours of work for normal working day 14 wages for overtime work chapter iii payment of wages15 mode of payment of wages 16 fixation of wage period 17 time limit for payment of wages 18 deductions which may be made from wages 19 fines 20 deductions for absence from duty 21 deductions for damage or loss 22 deductions for services rendered 23 deductions for recovery of advances 24 deductions for recovery of loans 25 chapter not to apply to government establishments chapter iv payment of bonus clauses26 eligibility for bonus, etc 27 proportionate reduction in bonus in certain cases 28 computation of number of working days 29 disqualification for bonus 30 establishments to include departments, undertakings and branches 31 payment of bonus out of allocable surplus 32 computation of gross profits 33 computation of available surplus 34 sums deductible from gross profits 35 calculation of direct tax payable by the employer 36 set on and set off of allocable surplus 37 adjustment of customary or interim bonus against bonus payable under this code 38 deduction of certain amounts from bonus payable 39 time limit for payment of bonus 40 application of this chapter to establishments in public sector in certain cases 41 non-applicability of this chapter chapter v advisory board42 central advisory board and state advisory boards chapter vi payment of dues, claims and audit43 responsibility for payment of various dues 44 payment of various undisbursed dues in case of death of employee 45 claims under code and procedure thereof 46 reference of disputes under this code 47 presumption about accuracy of balance sheet and profit and loss account ofcorporations and companies48 audit of accounts of employers, not being corporations or companies 49 appeal 50 records, returns and notices chapter vii inspector-cum-facilitator51 appointment of inspector-cum-facilitators and their powers chapter viii offences and penalties clauses52 cognizance of offences 53 power of officers of appropriate government to impose penalty in certain cases 54 penalties for offences 55 offences by companies 56 composition of offences chapter ix miscellaneous57 bar of suits 58 protection of action taken in good faith 59 burden of proof 60 contracting out 61 effect of laws, agreements, etc, inconsistent with this code 62 delegation of powers 63 exemption of employer from liability in certain cases 64 protection against attachment of assets of employer with government 65 power of central government to give directions 66 saving 67 power of appropriate government to make rules 68 power to remove difficulties 69 repeal and savings bill no 184 of 2019 the code on wages, 2019 a billto amend and consolidate the laws relating to wages and bonus and mattersconnected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the code on wages, 20195(2) it extends to the whole of indiashort title extent and commencementdefinitions2 in this code, unless the context otherwise requires,––(a) "accounting year" means the year commencing on the 1st day of april; (b) "advisory board" means the central advisory board or, as the case may be, the state advisory board, constituted under section 42;5(c) "agricultural income tax law" means any law for the time being in force relating to the levy of tax on agricultural income;(d) "appropriate government" means,––10 15(i) in relation to, an establishment carried on by or under the authority of the central government or the establishment of railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or a central public sector undertaking or subsidiary companies set up by central public sector undertakings or autonomous bodies owned or controlled by the central government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies, as the case may be, the central government;(ii) in relation to any other establishment, the state government;(e) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;18 of 201320(f) "contractor", in relation to an establishment, means a person, who—(i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour; or25(ii) supplies contract labour for any work of the establishment as mere human resource and includes a sub-contractor;30(g) "contract labour" means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-state migrant worker but does not include a worker (other than part-time employee) who ––(i) is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and35(ii) gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment;2 of 191240(h) "co-operative society" means a society registered or deemed to be registered under the co-operative societies act, 1912, or any other law for the time being in force relating to co-operative societies in any state;(i) "corporation" means any body corporate established by or under any central act, or state act, but does not include a company or a co-operative society;(j) "direct tax" means––(i) any tax chargeable under the––(a) income-tax act, 1961;7 of 1964(b) companies (profits) surtax act, 1964; (c) agricultural income tax law; and(ii) any other tax which, having regard to its nature or incidence, may be declared by the central government, by notification, to be a direct tax for the purposes of this code;552 of 196110(k) "employee" means, any person (other than an apprentice engaged under the apprentices act, 1961), employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate government, but does not include any member of the armed forces of the union;15(l) "employer" means a person who employs, whether directly or through any person, or on his behalf or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the central government or the state government, the authority specified, by the head of such department, in this behalf or where no authority, is so specified the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—2063 of 1948(i) in relation to an establishment which is a factory, the occupier of the factory as defined in clause (n) of section 2 of the factories act, 1948 and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the said act, the person so named;25(ii) in relation to any other establishment, the person who, or the authoritywhich, has ultimate control over the affairs of the establishment and where the said affairs is entrusted to a manager or managing director, such manager or managing director;(iii) contractor; and (iv) legal representative of a deceased employer;30(m) "establishment" means any place where any industry, trade, business, manufacture or occupation is carried on and includes government establishment;(n) "factory" means a factory as defined in clause (m) of section 2 of the factories act, 1948;63 of 1948(o) "government establishment" means any office or department of the government or a local authority;35(p) "income-tax act" means the income -tax act, 1961;43 of 1961(q) "industrial dispute" means,—40(i) any dispute or difference between employers and employers, or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; and(ii) any dispute or difference between an individual worker and an employer connected with, or arising out of, discharge, dismissal, retrenchment or termination of such worker;45(r) "inspector-cum-facilitator" means a person appointed by the appropriate government under sub-section (1) of section 51;(s) "minimum wage" means the wage fixed under section 6;(t) "notification" means a notification published in the gazette of india or in the official gazette of a state, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly;(u) "prescribed" means prescribed by rules made by the appropriate government;5(v) "same work or work of a similar nature" means work in respect of which the skill, effort, experience and responsibility required are the same, when performed under similar working conditions by employees and the difference if any, between the skill, effort, experience and responsibility required for employees of any gender, are not of practical importance in relation to the terms and conditions of employment;(w) "state" includes a union territory;1014 of 1947(x) "tribunal" shall have the same meaning as assigned to it in clause (r) of section 2 of the industrial disputes act, 1947; 42 of 200515(y) "wages" means all remuneration whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—(i) basic pay; (ii) dearness allowance; and (iii) retaining allowance, if any,20but does not include––(a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment;25(b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate government;(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;(d) any conveyance allowance or the value of any travelling concession;30(e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment;(f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or tribunal;35(h) any overtime allowance (i) any commission payable to the employee;(j) any gratuity payable on the termination of employment;40(k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:provided that, for calculating the wages under this clause, if payments made by the employer to the employee under clauses (a) to (i) exceeds one-half, or such other per cent as may be notified by the central government, of the all remuneration calculated under this clause, the amount which exceeds such45one-half, or the per cent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:5provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in clauses (d), (f), (g) and (h) shall be taken for computation of wageexplanation––where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent of the total wages payable to him, shall be deemed to form part of the wages of such employee;1052 of 1961(z) "worker" means any person (except an apprentice as defined under clause(aa) of section 2 of the apprentices act, 1961) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes—1545 of 1955(i) working journalists as defined in clause (f) of section 2 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955; and11 of 197620(ii) sales promotion employees as defined in clause (d) of section 2 of the sales promotion employees (conditions of service) act, 1976, and for the purposes of any proceeding under this code in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched or otherwise terminated in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute;but does not include any such person––25(a) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957; or45 of 1950 46 of 1950 62 of 1957(b) who is employed in the police service or as an officer or other employee of a prison; or(c) who is employed mainly in a managerial or administrative capacity; or30(d) who is employed in a supervisory capacity drawing wage of exceeding fifteen thousand rupees per month or an amount as may be notified by the central government from time to time3 (1) there shall be no discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of a similar nature done by any employeeprohibition of discrimination on ground of gender35(2) no employer shall,—(i) for the purposes of complying with the provisions of sub-section (1), reduce the rate of wages of any employee; and40(ii) make any discrimination on the ground of sex while recruiting any employee for the same work or work of similar nature and in the conditions of employment, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force 4 where there is any dispute as to whether a work is of same or similar nature for the purposes of section 3, the dispute shall be decided by such authority as may be notified by the appropriate governmentdecision as to disputes with regard to same or similar nature of work chapter ii minimum wages5 no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate governmentpayment of minimum rate of wages56 (1) subject to the provisions of section 9, the appropriate government shall fix the minimum rate of wages payable to employees in accordance with the provisions of section 8fixation of minimum wages(2) for the purposes of sub-section (1), the appropriate government shall fix a minimum rate of wages ––(a) for time work; or (b) for piece work10(3) where employees are employed on piece work, for the purpose of sub-section (1), the appropriate government shall fix a minimum rate of wages for securing such employees a minimum rate of wages on a time work basis(4) the minimum rate of wages on time work basis may be fixed in accordance with any one or more of the following wage periods, namely:––15(i) by the hour; or (ii) by the day; or (iii) by the month(5) where the rates of wages are fixed by the hour or by the day or by the month, the manner of calculating the wages shall be such, as may be prescribed20(6) for the purpose of fixation of minimum rate of wages under this section, the appropriate government, —(a) shall primarily take into account the skill of workers required for working under the categories of unskilled, skilled, semi-skilled and highly-skilled or geographical area or both; and25(b) may, in addition to such minimum rate of wages for certain category of workers, take into account their arduousness of work like temperature or humidity normally difficult to bear, hazardous occupations or processes or underground work as may be prescribed by that government; and30(c) the norms of such fixation of minimum rate of wages shall be such as may be prescribed (7) the number of minimum rates of wages referred to in sub-section (6) may, as far as possible, be kept at minimum by the appropriate government357 (1) any minimum rate of wages fixed or revised by the appropriate government under section 8 may consist of––components of minimum wages(a) a basic rate of wages and an allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as "cost of living allowance"); or40(b) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised; or(c) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any5(2) the cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rate shall be computed by such authority, as the appropriate government may by notification, appoint, at such intervals and in accordance with such directions as may be specified or given by the appropriate government from time to time8 (1) in fixing minimum rates of wages for the first time or in revising minimum rates of wages under this code, the appropriate government shall either—procedure for fixing and revising minimum wages(a) appoint as many committees as it considers necessary to hold enquiries and recommend in respect of such fixation or revision, as the case may be; or10(b) by notification publish its proposals for the information of persons likely to be affected thereby and specify a date not less than two months from the date of the notification on which the proposals shall be taken into consideration (2) every committee appointed by the appropriate government under clause (a) of sub-section (1) shall consist of persons––15(a) representing employers;(b) representing employees which shall be equal in number of the members specified in clause (a); and(c) independent persons, not exceeding one-third of the total members of the committee20 25(3) after considering the recommendation of the committee appointed under clause (a)of sub-section (1) or, as the case may be, all representations received by it before the datespecified in the notification under clause (b) of that sub-section, the appropriate governmentshall by notification fix, or as the case may be, revise the minimum rates of wages and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:provided that where the appropriate government proposes to revise the minimum rates of wages in the manner specified in clause (b) of sub-section (1), it shall also consult concerned advisory board constituted under section 4230(4) the appropriate government shall review or revise minimum rates of wages ordinarily at an interval not exceeding five years9 (1) the central government shall fix floor wage taking into account minimum living standards of a worker in such manner as may be prescribed:provided that different floor wage may be fixed for different geographical areaspower of central government to fix floor wage35(2) the minimum rates of wages fixed by the appropriate government under section 6shall not be less than the floor wage and if the minimum rates of wages fixed by the appropriate government earlier is more than the floor wage, then, the appropriate government shall not reduce such minimum rates of wages fixed by it earlier40(3) the central government may, before fixing the floor wage under sub-section (1), obtain the advice of the central advisory board constituted under sub-section (1) of section 42 and consult state governments in such manner as may be prescribedwages of employee who works for less than normal working day4510 if an employee whose minimum rate of wages has been fixed under this code by the day works on any day on which he was employed for a period of less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done on that day, as if he had worked for a full normal working day:provided that he shall not be entitled to receive wages for a full normal working day,—(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work; and(ii) in such other cases and circumstances, as may be prescribedwages for two or more classes of work511 where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class12 where a person is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this code, the employer shall pay to such person wages at not less than the minimum time rateminimum time rate wages for piece work1013 (1) where the minimum rates of wages have been fixed under this code, the appropriate government may —fixing hours of work for normal working day(a) fix the number of hours of work which shall constitute a normal working dayinclusive of one or more specified intervals;(b) provide for a day of rest in every period of seven days which shall be allowedto all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest;15(c) provide for payment for work on a day of rest at a rate not less than theovertime rate(2) the provisions of sub-section (1) shall, in relation to the following classes of employees apply, only to such extent and subject to such conditions as may be prescribed, namely:—20(a) employees engaged in any emergency which could not have been foreseen or prevented;25(b) employees engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;(c) employees whose employment is essentially intermittent; (d) employees engaged in any work which for technical reasons has to be completed before the duty is over; and30(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces35(3) for the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attentionwages for overtime work4014 where an employee whose minimum rate of wages has been fixed under this code by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess, at the overtime rate which shall not be less than twice the normal rate of wages chapter iii payment of wages4515 all wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee or by the electronic mode:mode of payment of wagesprovided that the appropriate government may, by notification, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his bank account5fixation of wage period16 the employer shall fix the wage period for employees either as daily or weekly orfortnightly or monthly subject to the condition that no wage period in respect of any employee shall be more than a month:provided that different wage periods may be fixed for different establishments 17 (1) the employer shall pay or cause to be paid wages to the employees, engaged on—10time limit for payment of wages(i) daily basis, at the end of the shift; (ii) weekly basis, on the last working day of the week, that is to say, before the weekly holiday;(iii) fortnightly basis, before the end of the second day after the end of the fortnight;15(iv) monthly basis, before the expiry of the seventh day of the succeeding month (2) where an employee has been—(i) removed or dismissed from service; or20(ii) retrenched or has resigned from service, or became unemployed due to closure of the establishment, the wages payable to him shall be paid within two working days of his removal, dismissal, retrenchment or, as the case may be, his resignation25(3) notwithstanding anything contained in sub-section (1) or sub-section (2), the appropriate government may, provide any other time limit for payment of wages where it considers reasonable having regard to the circumstances under which the wages are to be paid(4) nothing contained in sub-section (1) or sub-section (2) shall affect any time limit for payment of wages provided in any other law for the time being in force3018 (1) notwithstanding anything contained in any other law for the time being inforce, there shall be no deductions from the wages of the employee, except those as are authorised under this codedeductions which may be made from wagesexplanation–– for the purposes of this sub-section,—(a) any payment made by an employee to the employer or his agent shall be deemed to be a deduction from his wages;35(b) any loss of wages to an employee, for a good and sufficient cause, resulting from—(i) the withholding of increment or promotion, including the stoppage of an increment; or(ii) the reduction to a lower post or time-scale; or40(iii) the suspension, shall not be deemed to be a deduction from wages in a case where the provisions made by the employer for such purposes are satisfying the requirements specified in the notification issued by the appropriate government in this behalf(2) deductions from the wages of an employee shall be made in accordance with the provisions of this code, and may be made only for the following purposes, namely:—(a) fines imposed on him; (b) deductions for his absence from duty;5(c) deductions for damage to or loss of goods expressly entrusted to the employee for custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;10(d) deductions for house-accommodation supplied by the employer or by appropriate government or any housing board set up under any law for the time being in force, whether the government or such board is the employer or not, or any other authority engaged in the business of subsidising house-accommodation which may be specified in this behalf by the appropriate government by notification;15(e) deductions for such amenities and services supplied by the employer as the appropriate government or any officer specified by it in this behalf may, by general or special order, authorise and such deduction shall not exceed an amount equivalent to the value of such amenities and servicesexplanation–– for the purposes of this clause, the expression "services" does not include the supply of tools and raw materials required for the purposes of employment;(f) deductions for recovery of—20(i) advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of overpayment of wages;25(ii) loans made from any fund constituted for the welfare of labour, as may be prescribed by the appropriate government, and the interest due in respect thereof; (g) deductions for recovery of loans granted for house-building or other purposes approved by the appropriate government and the interest due in respect thereof;30(h) deductions of income-tax or any other statutory levy levied by the central government or state government and payable by the employee or deductions required to be made by order of a court or other authority competent to make such order;(i) deductions for subscription to, and for repayment of advances from any social security fund or scheme constituted by law including provident fund or pension fund or health insurance scheme or fund known by any other name;35(j) deductions for payment of co-operative society subject to such conditions as the appropriate government may impose;(k) deductions made, with the written authorisation of the employee, for payment of the fees and contribution payable by him for the membership of any trade union registered under the trade unions act, 1926;40(l) deductions for recovery of losses sustained by the railway administrationon account of acceptance by the employee of counterfeit or base coins or mutilated or forged currency notes;45(m) deductions for recovery of losses sustained by the railway administrationon account of the failure of the employee to invoice, to bill, to collect or to account for the appropriate charges due to the railway administration whether in respect of fares, freight, demurrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of commodities in grain shops or otherwise;(n) deductions for recovery of losses sustained by the railway administration on account of any rebates or refunds incorrectly granted by the employee where such loss is directly attributable to his neglect or default;5(o) deductions, made with the written authorisation of the employee, for contribution to the prime minister's national relief fund or to such other fund as the central government may, by notification, specify (3) notwithstanding anything contained in this code and subject to the provisions of any other law for the time being in force, the total amount of deductions which may be made under sub-section (2) in any wage period from the wages of an employee shall not exceed fifty per cent of such wages10(4) where the total deductions authorised under sub-section (2) exceed fifty per centof the wages, the excess may be recovered in such manner, as may be prescribed15(5) where any deduction is made by the employer from the wages of an employee under this section but not deposited in the account of the trust or government fund or any other account, as required under the provisions of the law for the time being in force, such employee shall not be held responsible for such default of the employerfines19 (1) no fine shall be imposed on any employee save in respect of those acts and omissions on his part as the employer, with the previous approval of the appropriate government or of such authority as may be prescribed, may have specified by notice under sub-section (2)20(2) a notice specifying such acts and omissions shall be exhibited in such manner as may be prescribed, on the premises in which the employment is carried on(3) no fine shall be imposed on any employee until such employee has been given an opportunity of showing cause against the fine or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines 25(4) the total amount of fine which may be imposed in any one wage-period on any employee shall not exceed an amount equal to three per cent of the wages payable to him in respect of that wage-period(5) no fine shall be imposed on any employee who is under the age of fifteen years30(6) no fine imposed on any employee shall be recovered from him by instalments or after the expiry of ninety days from the day on which it was imposed(7) every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed35(8) all fines and all realisations thereof shall be recorded in a register to be kept in such manner and form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the establishment as are approved by the prescribed authoritydeductions for absence from duty4020 (1) deductions may be made under clause (b) of sub-section (2) of section 18 only on account of the absence of an employee from the place or places where by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work(2) the amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made in a larger proportion than the period for which he was absent bears to the total period within such wage-period during which by the terms of his employment he was required to work:45provided that, subject to any rules made in this behalf by the appropriate government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice5explanation–– for the purposes of this section, an employee shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his workdeductions for damage or loss21 (1) a deduction under clause (c) or clause (n) of sub-section (2) of section 18 fordamage or loss shall not exceed the amount of the damage or loss caused to the employer by negligence or default of the employee10(2) a deduction shall not be made under sub-section (1) until the employee has beengiven an opportunity of showing cause against the deduction or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions(3) all such deductions and all realisations thereof shall be recorded in a register to bekept in such form as may be prescribed15deductions for services rendered2022 a deduction under clause (d) or clause (e) of sub-section (2) of section 18 shall notbe made from the wages of an employee, unless the house-accommodation amenity or service has been accepted by him as a term of employment or otherwise and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and shall be subject to such conditions as the appropriate government may impose23 deductions under clause (f) of sub-section (2) of section 18 for recovery of advances given to an employee shall be subject to the following conditions, namely:––deductions for recovery ofadvances25(a) recovery of advance of money given to an employee before the employmentbegan shall be made from the first payment of wages to him in respect of a complete wage-period but no recovery shall be made of such advances given for travelling expenses;(b) recovery of advance of money given to an employee after the employmentbegan shall be subject to such conditions as may be prescribed;30(c) recovery of advances of wages to an employee not already earned shall besubject to such conditions as may be prescribeddeductions for recovery ofloans24 deductions under clause (g) of sub-section (2) of section 18 for recovery of loansgranted to an employee, regulating the extent to which such loans may be granted and the rate of interest payable thereon, shall be such as may be prescribed3525 the provisions of this chapter shall not apply to the government establishments unless the appropriate government, by notification, applies such provisions to the government establishments specified in the said notificationchapter not to apply togovernment establishments chapter iv payment of bonuseligibility for bonus, etc4026 (1) there shall be paid to every employee, drawing wages not exceeding such amount per mensem, as determined by notification, by the appropriate government, by his employer, who has put in at least thirty days work in an accounting year, an annual minimum bonus calculated at the rate of eight and one-third per cent of the wages earned by the employee or one hundred rupees, whichever is higher whether or not the employer has any allocable surplus during the previous accounting year45(2) for the purpose of calculation of the bonus where the wages of the employee exceeds such amount per mensem, as determined by notification by the appropriate government, the bonus payable to such employee under sub-sections (1) and (3) shall be calculated as if his wage were such amount, so determined by the appropriate government or the minimum wage fixed by the appropriate government, whichever is higher5(3) where in respect of any accounting year referred to in sub-section (1), the allocable surplus exceeds the amount of minimum bonus payable to the employees under that subsection, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting year, bonus which shall be an amount in proportion to the wages earned by the employee during the accounting year, subject to a maximum of twenty per cent of such wages10(4) in computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 36 shall be taken into account in accordance with the provisions of that section15(5) any demand for bonus in excess of the bonus referred to in sub-section (1), either on the basis of production or productivity in an accounting year for which the bonus is payable shall be determined by an agreement or settlement between the employer and the employees, subject to the condition that the total bonus including the annual minimum bonus referred to in sub-section (1) shall not exceed twenty per cent of the wages earned by the employee in the accounting year20(6) in the first five accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, bonus shall be payable only in respect of the accounting year in which the employer derives profit from such establishment and such bonus shall be calculated in accordance with the provisions of this code in relation to that year, but without applying the provisions of section 3625(7) for the sixth and seventh accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 36 shall apply subject to the following modifications, namely:—30(i) for the sixth accounting year set on or set off, as the case may be, shall be made, in the manner as may be prescribed by the central government, taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth accounting years;(ii) for the seventh accounting year set on or set off, as the case may be, shall be made, in the manner as may be prescribed by the central government, taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh accounting years35(8) from the eighth accounting year following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 36 shall apply in relation to such establishment as they apply in relation to any other establishment40explanation 1–– for the purpose of sub-section (6), an employer shall not be deemed to have derived profit in any accounting year, unless ––(a) he has made provision for depreciation of that year to which he is entitled under the income-tax act or, as the case may be, under the agricultural income tax law; and45(b) the arrears of such depreciation and losses incurred by him in respect of theestablishment for the previous accounting years have been fully set off against his profitsexplanation 2–– for the purposes of sub-sections (6), (7) and (8), sale of the goods produced or manufactured during the course of the trial running of any factory or of the prospecting stage of any mine or an oil-field shall not be taken into consideration and where any question arises with regard to such production or manufacture, the appropriate government may, after giving the parties a reasonable opportunity of representing the case, decide upon the issue5(9) the provisions of sub-sections (6), (7) and (8) shall, so far as may be, apply to new departments or undertakings or branches set up by existing establishmentsproportionate reduction in bonus in certain cases27 where an employee has not worked for all the working days in an accounting year, the minimum bonus under sub-section (1) of section 26, if such bonus is higher than eight and one third per cent of the salary or wage of the days such employee has worked in that accounting year, shall be proportionately reduced1028 for the purposes of section 27, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which,––computation of number of working days20 of 1946(a) he has been laid off under an agreement or as permitted by standing orders under the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment;1514 of 1947(b) he has been on leave with salary or wages; (c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and(d) the employee has been on maternity leave with salary or wages, during the accounting year20disqualification for bonus29 notwithstanding anything contained in this code, an employee shall be disqualified from receiving bonus under this code, if he is dismissed from service for ––(a) fraud; or (b) riotous or violent behaviour while on the premises of the establishment; or25(c) theft, misappropriation or sabotage of any property of the establishment; or (d) conviction for sexual harassment30 where an establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this code:30establishments to include departments, undertakings and branches35provided that where for any accounting year a separate balance-sheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus, under this code for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonus40payment ofbonus out of allocable surplus31 (1) the bonus shall be paid out of the allocable surplus which shall be an amount equal to sixty per cent in case of a banking company and sixty-seven per cent in case of other establishment, of the available surplus and the available surplus shall be the amount calculated in accordance with section 33(2) audited accounts of companies shall not normally be questioned45(3) where there is any dispute regarding the quantum of bonus, the authority notified by the appropriate government having jurisdiction may call upon the employer to produce the balance sheet before it, but the authority shall not disclose any information contained in the balance sheet unless agreed to by the employer32 the gross profits derived by an employer from an establishment in respect of the accounting year shall,––computation of gross profits(a) in the case of a banking company, be calculated in the manner as may be prescribed by the central government;5(b) in any other case, be calculated in the manner as may be prescribed by the central government 33 the available surplus in respect of any accounting year shall be the gross profits for that year after deducting therefrom the sums referred to in section 34:computation of available surplus10provided that the available surplus in respect of the accounting year commencing on any day in a year after the commencement of this code and in respect of every subsequent accounting year shall be the aggregate of—(a) the gross profits for that accounting year after deducting therefrom the sums referred to in section 34; and(b) an amount equal to the difference between––15(i) the direct tax, calculated in accordance with the provisions of section 35, in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year; and20(ii) the direct tax, calculated in accordance with provisions of section 35, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting there from the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this code for that year34 the following sums shall be deducted from the gross profits as prior charges, namely:—sums deductible from gross profits25(a) any amount by way of depreciation admissible in accordance with theprovisions of sub-section (1) of section 32 of the income-tax act or in accordancewith the provisions of the agricultural income-tax law, for the time being in force, as the case may be;30(b) subject to the provisions of section 35, any direct tax which the employer is liable to pay for the accounting year in respect of his income, profits and gains during that year;(c) such further sums in respect of the employer as may be prescribed by the central government3535 for the purposes of this code, any direct tax payable by the employer for any accounting year shall, subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year, namely:—calculation of direct taxpayable by the employer(a) in calculating such tax no account shall be taken of,––(i) any loss incurred by the employer in respect of any previous accounting year and carried forward under any law for the time being in force relating to direct taxes;40(ii) any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation for any succeeding accounting year or years under sub-section (2) of section 32 of the income-tax act;45(b) where the employer is a religious or a charitable institution to which the provisions of section 41 do not apply and the whole or any part of its income is exempt from the tax under the income-tax act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that act;(c) where the employer is an individual or a hindu undivided family, the tax payable by such employer under the income-tax act shall be calculated on the basis that the income derived by him from the establishment is his only income;5(d) where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of india and any rebate on such income is allowed under any law for the time being in force relating to direct taxes, then, no account shall be taken of such rebate;10(e) no account shall be taken of any rebate other than development rebate orinvestment allowance or development allowance or credit or relief or deduction (not hereinbefore mentioned in this section) in the payment of any direct tax allowed under any law for the time being in force relating to direct taxes or under the relevant annual finance act, for the development of any industry15set on and set off ofallocable surplus2036 (1) where for any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment under section 26, then, the excess shall, subject to a limit of twenty per cent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in such manner as may be prescribed by the central government25(2) where for any accounting year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under section 26, and there is no amount or sufficient amount carried forward and set on under sub-section (1) which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in such manner as may be prescribed by the central government30(3) the principle of set on and set off as may be provided in rules by the central government under this code shall apply to all other cases not covered by sub-section (1)or sub-section (2) for the purpose of payment of bonus under this code35(4) where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account37 where in any accounting year,— (a) an employer has paid any puja bonus or other customary bonus to employee;oradjustment of customary or interim bonus against bonus payable under this code40(b) an employer has paid a part of the bonus payable under this code to an employee before the date on which such bonus becomes payable, then, the employer shall be entitled to deduct the amount of bonus so paid from the amount of bonus payable by him to the employee under this code in respect of that accounting year and the employee shall be entitled to receive only the balance45deduction of certain amounts from bonus payable38 where in any accounting year, an employee is found guilty of misconduct causing financial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this code in respect of that accounting year only and the employee shall be entitled to receive the balance, if anytime limit for payment ofbonus39 (1) all amounts payable to an employee by way of bonus under this code shall be paid by crediting it in the bank account of the employee by his employer within a period of eight months from the close of the accounting year:5provided that the appropriate government or such authority as the appropriate government may specify in this behalf may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fit; so, however, that the total period so extended shall not in any case exceed two years10(2) notwithstanding anything contained in sub-section (1), where there is a dispute regarding payment of bonus pending before any authority, such bonus shall be paid, within a period of one month from the date on which the award becomes enforceable or the settlement comes into operation, in respect of such dispute:provided that if, there is a dispute for payment at the higher rate, the employer shall pay eight and one-third per cent of the wages earned by the employee as per the provisions of this code within a period of eight months from the close of the accounting year15 20application of this chapter to establishments in public sector in certain cases40 (1) if in any accounting year an establishment in public sector sells any goods produced or manufactured by it or renders any services, in competition with an establishment in private sector, and the income from such sale or services or both, is not less than twenty per cent of the gross income of the establishment in public sector for that year, then, the provisions of this chapter shall apply in relation to such establishment in public sector as they apply in relation to a like establishment in private sector(2) save as otherwise provided in sub-section (1), nothing in this chapter shall apply to the employees employed by any establishment in public sector41 (1) nothing in this chapter shall apply to––(a) employees employed by the life insurance corporation of india;25nonapplicability of this chapter44 of 1958(b) seamen as defined in clause (42) of section 3 of the merchant shippingact, 1958;9 of 194830\| ( \| c \| ) employees registered or listed under any scheme made under the dock \|\|------------------------------------------------------------------------------------\|-----\|-------------------------------------------------------------------------\|\| workers (regulation of employment) act, 1948, and employed by registered or listed \| \| \|\| employers; \| \| \|\| ( \| d \| ) employees employed by an establishment under the authority of any \|\| department of the central government or a state government or a local authority; \| \| \|(e) employees employed by––(i) the indian red cross society or any other institution of a like nature including its branches;35(ii) universities and other educational institutions; (iii) institutions including hospitals, chamber of commerce and social welfare institutions established not for purposes of profit; (f) employees employed by the reserve bank of india;40(g) employees employed by public sector financial institution other than a banking company, which the central government may, by notification, specify, having regard to—(i) its capital structure; (ii) its objectives and the nature of its activities;45(iii) the nature and extent of financial assistance or any concession givento it by the government; and(iv) any other relevant factor;(h) employees employed by inland water transport establishments operating on routes passing through any other country; and(i) employees of any other establishment which the appropriate government may, by notification, exempt having regard to the overall benefits under any other scheme of profit sharing available in such establishments to the employees5(2) subject to the provisions of sub-section (1) and notwithstanding anything contained in any other provisions of this chapter, the provisions of this chapter shall apply to such establishment in which twenty or more persons are employed or were employed on any day during an accounting year10 chapter v advisory board42 (1) the central government shall constitute the central advisory board which shall consist of persons to be nominated by the central government—(a) representing employers;central advisory board and state advisory boards15(b) representing employees which shall be equal in number of the members specified in clause (a);(c) independent persons, not exceeding one-third of the total members of the board; and(d) five representatives of such state governments as may be nominated by the central government20(2) one-third of the members referred to in sub-section (1) shall be women and a member specified in clause (c) of the said sub-section shall be appointed by the central government as the chairperson of the board25(3) the central advisory board constituted under sub-section (1) shall from time to time advise the central government on reference of issues relating to––(a) fixation or revision of minimum wages and other connected matters; (b) providing increasing employment opportunities for women;30(c) the extent to which women may be employed in such establishments or employments as the central government may, by notification, specify in this behalf; and(d) any other matter relating to this code, and on such advice, the central government may issue directions to the state government as it deems fit in respect of matters relating to issues referred to the board35(4) every state government shall constitute a state advisory board for advising the state government—(a) in fixation or revision of minimum wages and other connected matters; (b) for the purpose of providing increasing employment opportunities for women; (c) with regard to the extent to which women may be employed in such establishments or employments as the state government may, by notification, specify in this behalf; and40(d) in any other matter relating to this code, which the state government may refer from time to time to the board (5) the state advisory board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in clauses (a) to (d) of sub-section (4)(6) the state advisory board and each of the committees and sub- committees thereof shall consist of persons––5(a) representing employers; (b) representing employees which shall be equal in number of the membersspecified in clause (a); and(c) independent persons, not exceeding one-third of the total members of theboard or committee or sub-committee, as the case may be10(7) one-third of the members referred to in sub-section (6) shall be women and oneamong the members specified in clause (c) of the said sub-section shall be––(a) appointed by the state government as the chairperson of the board; (b) appointed by the state advisory board as the chairperson of the committeeor sub-committee, as the case may be15 20(8) in tendering its advice in the matters specified in clause (b) or clause (c) ofsub-section (4), the state advisory board shall have regard to the number of womenemployed in the concerned establishment, or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part time employment, and such other relevant factors as the board may think fit(9) the state government may, after considering the advice tendered to it by the state advisory board and after inviting and considering the representations from establishment or employees or any other person which that government thinks fit, issue such direction as may be deemed necessary25(10) the central advisory board referred to in sub-section (1) and the state advisoryboard referred to in sub-section (4) shall respectively regulate their own procedure includingthat of the committees and sub-committees constituted by the state advisory board, in such manner as may be prescribed30(11) the terms of office of the central advisory board referred to in sub-section (1)and the state advisory board referred to in sub-section (4) including that of the committees and sub-committees constituted by the state advisory board, shall be such as may be prescribed chapter vi payment of dues, claims and audit3543 every employer shall pay all amounts required to be paid under this code to everyemployee employed by him:responsibility for paymentof various dues40provided that where such employer fails to make such payment in accordance with this code, then, the company or firm or association or any other person who is the proprietor of the establishment, in which the employee is employed, shall be responsible for such paymentexplanation––for the purposes of this section the expression "firm" shall have the same meaning as assigned to it in the indian partnership act, 19329 of 193244 (1) subject to the other provisions of this code, all amounts payable to an employee under this code shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known,—45\| payment \| of \|\|--------------------------------\|------\|\| various \| \|\| u n d i s b u r s e d \| \|\| dues in case of \| \|\| death \| of \|\| employee \| \|\| ( \| a \|\| rules made under this code; or \| \|(b) where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with the such authority, as may be prescribed, who shall deal with the amounts so deposited in the manner as may be prescribed5(2) where in accordance with the provisions of sub-section (1), all amounts payable to an employee under this code—(a) are paid by the employer to the person nominated by the employee; or (b) are deposited by the employer with the authority referred to in clause (b) of sub-section (1), then, the employer shall be discharged of his liability to pay those amounts1045 (1) the appropriate government may, by notification, appoint one or more authorities, not below the rank of a gazetted officer, to hear and determine the claims which arises under the provisions of this codeclaims under code and procedure thereof15(2) the authority appointed under sub-section (1), while deciding the claim under that sub-section, may order, having regard to the circumstances under which the claim arises, the payment of compensation in addition to the claim determined, which may extend to ten times of the claim determined and endeavour shall be made by the authority to decide the claim within a period of three months20(3) if an employer fails to pay the claim determined and compensation ordered to be paid under sub-section (2), the authority shall issue a certificate of recovery to the collector or district magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee(4) any application before the authority for claim referred to in sub-section (1) may be filed by,––25(a) the employee concerned; or16 of 1926(b) any trade union registered under the trade unions act, 1926 of which the employee is a member; or(c) the inspector-cum-facilitator30(5) subject to such rules as may be made, a single application may be filed under this section on behalf or in respect of any number of employees employed in an establishment(6) the application under sub-section (4) may be filed within a period of three years from the date on which claims referred to in sub-section (1) arises:provided that the authority referred to in sub-section (1) may, entertain the application after three years on sufficient cause being shown by the applicant for such delay355 of 1908402 of 1974(7) the authority appointed under sub-section (1) and the appellate authority appointed under sub-section (1) of section 49, shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority or appellate authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 197346 notwithstanding anything contained in this code, where any dispute arises between an employer and his employees with respect to—reference of disputes under this code(a) fixation of bonus or eligibility for payment of bonus under the provisions of this code; or45(b) the application of this code, in respect of bonus, to an establishment in public sector,14 of 1947then, such dispute shall be deemed to be an industrial dispute within the meaningof the industrial disputes act, 1947 47 (1) where, during the course of proceedings before—5(a) the authority under section 45; or (b) the appellate authority under section 49; or (c) a tribunal; or14 of 1947(d) an arbitrator referred to in clause (aa) of section 2 of the industrial disputesact, 1947,10presumption about accuracy of balance sheet and profit and loss account of corporations and companies18 of 201315in respect of any dispute of the nature specified in sections 45 and 46 or in respect of an appeal under section 49, the balance sheet and the profit and loss account of an employer, being a corporation or a company (other than a banking company), duly audited by the comptroller and auditor general of india or by auditors duly qualified to act as auditors of companies under section 141 of the companies act, 2013, are produced before it, then, the said authority, appellate authority, tribunal or arbitrator, as the case may be, may presume the statements and particulars contained in such balance sheet and profit and loss account to be accurate and it shall not be necessary for the corporation or the company to prove the accuracy of such statements and particulars by the filing of an affidavit or by any other mode:20provided that where the said authority, appellate authority, tribunal or arbitrator, as the case may be, is satisfied that the statements and particulars contained in the balance sheet or the profit and loss account of the corporation or the company are not accurate, it may take such steps as it thinks necessary to find out the accuracy of such statements and particulars25 30 35(2) when an application is made to the authority, appellate authority, tribunal or arbitrator, as the case may be, referred to in sub-section (1), by any trade union being a party to the dispute or as the case may be, an appeal, and where there is no trade union, by the employees being a party to the dispute, or as the case may be, an appeal, requiring any clarification relating to any item in the balance sheet or the profit and loss account, then such authority, appellate authority, tribunal or arbitrator, may, after satisfying itself that such clarification is necessary, by order, direct the corporation or, as the case may be, the company, to furnish to the trade union or the employees such clarification within such time as may be specified in the direction and the corporation or, as the case may be, the company, shall comply with such directionaudit of account of employers not being coporations or companies4018 of 201348 (1) where any claim, dispute or appeal with respect to bonus payable under this code between an employer, not being a corporation or a company, and his employees is pending before any authority, appellate authority, tribunal or arbitrator, as the case may be, as referred to in sub-section (1) of section 47 and the accounts of such employer audited by any auditor duly qualified to act as auditor of companies under the provisions of section 141 of the companies act, 2013, are produced before such authority, appellate authority, tribunal or arbitrator, then the provisions of section 47 shall, so far as may be, apply to the accounts so audited45 50(2) when the authority, appellate authority, tribunal or arbitrator, referred to insub-section (1), as the case may be, finds that the accounts of such employer have not beenaudited by any such auditor and it is of opinion that an audit of the accounts of such employer is necessary for deciding the question referred to it, then, such authority, appellate authority, tribunal or arbitrator, may, by order, direct the employer to get his accounts audited within such time as may be specified in the direction or within such further time as it may allow by such auditor or auditors as it thinks fit and thereupon the employer shall comply with such direction(3) where an employer fails to get the accounts audited under sub-section (2), the authority, appellate authority, tribunal or arbitrator, referred to in sub-section (1), as the case may be, may, without prejudice to the provisions of section 54, get the accounts audited by such auditor or auditors as it thinks fit5(4) when the accounts are audited under sub-section (2) or sub-section (3), the provisions of section 47 shall, so far as may be, apply to the accounts so audited10(5) the expenses of, and incidental to, any audit under sub-section (3) including the remuneration of the auditor or auditors shall be determined by the authority, appellate authority, tribunal or arbitrator, referred to in sub-section (1), as the case may be, and paid by the employer and in default of such payment shall be recoverable by the authority referred to in sub-section (3) of section 45 from the employer in the manner provided in that sub-sectionappeal1549 (1) any person aggrieved by an order passed by the authority under sub-section(2) of section 45 may prefer an appeal, to the appellate authority having jurisdiction appointedby the appropriate government, by notification, for such purpose, within ninety days from the date of such order, in such form and manner as may be prescribed:provided that the appellate authority may entertain the appeal after ninety days if it satisfied that the delay in filing the appeal has occurred due to sufficient cause20(2) the appellate authority shall be appointed from the officers of the appropriate government holding the post at least one rank higher than the authority referred under sub-section (1) of section 45(3) the appellate authority shall, after hearing the parties in the appeal, dispose of the appeal and endeavour shall be made to dispose of the appeal within a period of three months25(4) the outstanding dues under the orders of the appellate authority shall be recovered by the authority referred to in section 45, by issuing the certificate of recovery in the manner specified in sub-section (3) of that sectionrecords,returns and notices3050 (1) every employer of an establishment to which this code applies shall maintaina register containing the details with regard to persons employed, muster roll, wages and such other details in such manner as may be prescribed(2) every employer shall display a notice on the notice board at a prominent place of the establishment containing the abstract of this code, category-wise wage rates of employees, wage period, day or date and time of payment of wages, and the name and address of the inspector-cum-facilitator having jurisdiction35(3) every employer shall issue wage slips to the employees in such form and manner as may be prescribed(4) the provisions of sub-sections (1) to (3) shall not apply in respect of the employer to the extent he employs not more than five persons for agriculture or domestic purpose:40provided that such employer, when demanded, shall produce before the inspectorcum-facilitator, the reasonable proof of the payment of wages to the persons so employedexplanation—for the purposes of this sub-section, the expression "domestic purpose" means the purpose exclusively relating to the home or family affairs of the employer and does not include any affair relating to any establishment, industry, trade, business, manufacture or occupation chapter vii inspector-cum-facilitator5appointment of inspectorcum- facilitators and their powers51 (1) the appropriate government may, by notification, appoint inspector-cum-facilitators for the purposes of this code who shall exercise the powers conferred on them under sub-section (4) throughout the state or such geographical limits assigned in relation to one or more establishments situated in such state or geographical limits or in one or more establishments, irrespective of geographical limits, assigned to him by the appropriate government, as the case may be10(2) the appropriate government may, by notification, lay down an inspection scheme which may also provide for generation of a web-based inspection and calling of information relating to the inspection under this code electronically15(3) without prejudice to the provisions of sub-section (2), the appropriate government may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this code to the inspector-cum-facilitator as may be specified in such notification45 of 1860(4) every inspector-cum-facilitator appointed under sub-section (1) shall be deemed to be public servant within the meaning of section 21 of the indian penal code(5) the inspector-cum-facilitator may––20(a) advice to employers and workers relating to compliance with the provisions of this code;(b) inspect the establishments as assigned to him by the appropriate government, subject to the instructions or guidelines issued by the appropriate government from time to time25(6) subject to the provisions of sub-section (4), the inspector-cum-facilitator may,—(a) examine any person who is found in any premises of the establishment, whom the inspector-cum-facilitator has reasonable cause to believe, is a worker of the establishment;30(b) require any person to give any information, which is in his power to givewith respect to the names and addresses of the persons;(c) search, seize or take copies of such register, record of wages or notices or portions thereof as the inspector-cum-facilitator may consider relevant in respect of an offence under this code and which the inspector-cum-facilitator has reason to believe has been committed by the employer;35(d) bring to the notice of the appropriate government defects or abuses notcovered by any law for the time being in force; and(e) exercise such other powers as may be prescribed45 of 186040(7) any person required to produce any document or to give any information requiredby a inspector-cum-facilitator under sub-section (5) shall be deemed to be legally bound todo so within the meaning of section 175 and section 176 of the indian penal code2 of 1974(8) the provisions of the code of criminal procedure, 1973 shall, so far as may be,apply to the search or seizure under sub-section (5) as they apply to the search or seizuremade under the authority of a warrant issued under section 94 of the said code chapter viii offences and penaltiescognizance of offences516 of 192652 (1) no court shall take cognizance of any offence punishable under this code,save on a complaint made by or under the authority of the appropriate government or an officer authorised in this behalf, or by an employee or a registered trade union registered under the trade unions act, 1926 or an inspector-cum-facilitator2 of 1974(2) notwithstanding anything contained in the code of criminal procedure, 1973, nocourt inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try the offences under this code10power of officers of appropriate government to impose penalty in certain cases1553 (1) notwithstanding anything contained in section 52, for the purpose of imposingpenalty under clauses (a) and (c) of sub-section (1) and sub-section (2) of section 54 andsub-section (7) of section 56, the appropriate government may appoint any officer not below the rank of under secretary to the government of india or an officer of equivalent rank in the state government, as the case may be, for holding enquiry in such manner, as may be prescribed by the central government20(2) while holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person has committed any offence under the provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in accordance with such provisions\| 54 \| ( \| 1 \| ) any employer who— \|\|-----------------------------------------------------------------------------------------\|-----\|----------------------------------------------------------------------------\|-----------------------\|\| penalties for \| \| \| \|\| offences \| \| \| \|\| 25 \| \| \| \|\| ( \| a \| ) pays to any employee less than the amount due to such employee under the \| \|\| provisions of this code shall be punishable with fine which may extend to fifty \| \| \| \|\| thousand rupees; \| \| \| \|\| 30 \| \| \| \|\| ( \| b \| ) having been convicted of an offence under clause ( \| a \|\| of similar offence under this clause, within five years from the date of the commission \| \| \| \|\| of the first or subsequent offence, he shall, on the second and the subsequent \| \| \| \|\| commission of the offence, be punishable with imprisonment for a term which may \| \| \| \|\| extend to three months or with fine which may extend to one lakh rupees, or with \| \| \| \|\| both; \| \| \| \|35(c) contravenes any other provision of this code or any rule made or order made or issued thereunder shall be punishable with fine which may extend to twenty thousand rupees;40(d) having been convicted of an offence under clause (c) is again found guilty of similar offence under this clause, within five years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence under this clause, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to forty thousand rupees, or with both (2) notwithstanding anything contained in sub-section (1), for the offences of non-maintenance or improper maintenance of records in the establishment, the employer shall be punishable with fine which may extend to ten thousand rupees45(3) notwithstanding anything contained in clause (c) of sub-section (1) or sub-section (2), the inspector-cum-facilitator shall, before initiation of prosecution proceeding for the offences under the said clause or sub-section, give an opportunity to the employer to comply with the provisions of this code by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, the inspector-cum-facilitator shall not initiate such prosecution proceeding and, no such opportunity shall be accorded to an employer, if the violation of the same nature of the provisions under this code is repeated within a period of five years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this code5offences by companies55 (1) if the person committing an offence under this code is a company, every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:10provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence15(2) notwithstanding anything contained in sub-section (1), where an offence under this code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation–– for the purposes of this section,––20(a) "company" means anybody corporate and includes—(i) a firm; or6 of 2009(ii) a limited liability partnership registered under the limited liabilitypartnership act, 2008; or(iii) other association of individuals; and25(b) "director" in relation to a firm means a partner in the firmcomposition of offences2 of 19743056 (1) notwithstanding anything contained in the code of criminal procedure, 1973,any offence punishable under this code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a gazetted officer, as the appropriate government may, by notification, specify, for a sum of fifty per cent of the maximum fine provided for such offence, in the manner as may be prescribed35(2) nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date— (i) of commission of a similar offence which was earlier compounded; (ii) of commission of similar offence for which such person was earlier convicted(3) every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate government(4) every application for the compounding of an offence shall be made in such manner as may be prescribed40(5) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded45(6) where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the notice of the court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged(7) any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine(8) no offence punishable under the provisions of this code shall be compounded except under and in accordance with the provisions of this section5 chapter ix miscellaneousbar of suits57 no court shall entertain any suit for the recovery of minimum wages, any deductionfrom wages, discrimination in wages and payment of bonus, in so far as the sum so claimed—10(a) forms the subject of claims under section 45; (b) has formed the subject of a direction under this code; (c) has been adjudged in any proceeding under this code; (d) could have been recovered under this code15protection of action taken in good faith58 no suit, prosecution or any other legal proceeding shall lie against the appropriategovernment or any officer of that government for anything which is in good faith done or intended to be done under this codeburden of proof59 where a claim has been filed on account of non-payment of remuneration orbonus or less payment of wages or bonus or on account of making deductions not authorised by this code from the wages of an employee, the burden to prove that the said dues have been paid shall be on the employer20contracting out60 any contract or agreement whereby an employee relinquishes the right to anyamount or the right to bonus due to him under this code shall be null and void in so far as it purports to remove or reduce the liability of any person to pay such amount under this code2561 the provisions of this code shall have effect notwithstanding anythinginconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of serviceeffect of laws agreements, etc inconsistent with this code delegation of powers62 the appropriate government may, by notification, direct that any power exercisableby it under this code shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be also exercisable—30(a) where the appropriate government is the central government, by suchofficer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state government, as may be specified in the notification;35(b) where the appropriate government is a state government, by such officer or authority subordinate to the state government as may be specified in the notification40exemption of employer from liability in certain cases63 where an employer is charged with an offence under this code, he shall be entitled upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court—(a) that he has used due diligence to enforce the execution of this code; and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged from any liability under this code in respect of such offence:5provided that in seeking to prove, as aforesaid, the employer may be examinedon oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution10protection against attachments of assets of employer with government64 any amount deposited with the appropriate government by an employer to secure the due performance of a contract with that government and any other amount due to such employer from that government in respect of such contract shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid1565 the central government may, for carrying into execution of the provisions of thiscode in the state give directions to the state government, and the state government shall abide by such directionspower of central government to give directionssaving42 of 2005 46 of 194866 nothing contained in this code shall be deemed to affect the provisions of the mahatma gandhi national rural employment guarantee act, 2005 and the coal mines provident fund and miscellaneous provisions act, 1948, or of any scheme made thereunder2067 (1) the appropriate government may, subject to the condition of previouspublication, make rules for carrying out the provisions of this codepower of appropriate government to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––(a) the manner of calculating the wages under sub-section (4) of section 6;25(b) the arduousness of work to be taken into account in addition to minimumrate of wages for certain category of workers under clause (b) of sub-section (6) of section 6;(c) the norms under clause (c) of sub-section (6) of section 6;30(d) the cases and circumstances in which an employee employed for a period ofless than the requisite number of hours shall not be entitled to receive wages for a full normal working day, under section 10;(e) the extent and conditions, which shall apply in relation to certain classes ofemployees under sub-section (2) of section 13;35(f) the longer wage period for fixation of minimum rate of wages as referred to in section 14;(g) the manner of deducting loans made from any fund constituted for the welfare of labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18;(h) the manner of recovery of excess of amount under sub-section (4) of section 18;40(i) the authority to provide approval for imposition of fine under sub-section (1)of section 19;(j) the manner of exhibition of the acts and omissions to be specified in the notice under sub-section (2) of section 19;(k) the procedure for the imposition of fines under sub-section (3) of section 19;45(l) the form of the register to record all fines and all realisations thereof under sub-section (8) of section 19;(m) the procedure for making deductions for absence from duty under sub-section (2) of section 20;5(n) the procedure for making deductions for damage or loss under sub-section (2)of section 21;(o) the form of the register to record all deductions and all realisations thereof under sub-section (3) of section 21;(p) conditions for recovery of advance of money given to an employee after the employment began under clause (b) of section 23;10(q) conditions for recovery of advances of wages to an employee not already earned under clause (c) of section 23;(r) deductions for recovery of loans and the rate of interest payable thereon under section 24;15(s) the manner of regulating the procedure by the central advisory board and the state advisory board, including that of the committees and sub-committees constituted by the state advisory board, under sub-section (10) of section 42;(t) the terms of office of members of the central advisory board, the state advisory board, including that of the committees and sub-committees constituted by the state advisory board, under sub-section (11) of section 42;20(u) the authority and manner of depositing with such authority, various undisbursed dues under clause (b) of sub-section (1) of section 44;(v) the form of single application in respect of a number of employees under sub-section (5) of section 45;25(w) the form for making an appeal to the appellate authority under sub-section(1) of section 49;(x) the manner of maintenance of a register by the employer under sub-section (1)of section 50;(y) the form and manner of issuing wage slips under sub-section (3) of section 50;30(z) the other powers to be exercised by the inspector-cum-facilitator under sub-section (5) of section 51;(za) the manner of imposing fine under sub-section (1) of section 56; (zb) the manner of composition of offence by a gazetted officer specified under sub-section (4) of section 56;35(zc) any other matter which is required to be, or may be, prescribed under the provisions of this code (3) the central government may, subject to the condition of previous publication, make rules for,—(a) the manner of fixing floor wage under sub-section (1) of section 9;40(b) the manner of consultation with state government under sub-section (3) of section 9;(c) the manner of making set on or set off for the sixth accounting year under clause (i) of sub-section (7) of section 26;(d) the manner of making set on or set off for the seventh accounting year under clause (ii) of sub-section (7) of section 26;(e) the manner of calculating gross profit under clauses (a) and (b) ofsection 32;(f) such further sums in respect of employer under clause (c) of section 34;5(g) the manner of utilising the excess of allocable surplus to be carried forwardfor being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year under sub-section (1) of section 36;10(h) the manner of utilising the minimum amount or the deficiency to be carriedforward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year under sub-section (2) of section 36; and(i) the manner of holding an enquiry under sub-section (1) of section 5315 20(4) every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions as aforesaid, both houses agree in making any modification in the rule or both houses agree that rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule(5) every rule made by the state government under this section shall, as soon as possible after it is made, be laid before the state legislature25power to remove difficulties68 (1) if any difficulty arises in giving effect to the provisions of this code, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this code, as may appear to be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this code30(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament69 (1) the payment of wages act, 1936, the minimum wages act, 1948, the payment of bonus act, 1965 and the equal remuneration act, 1976 are hereby repealedrepeal and savings4 of 1936 11 of 1948 21 of 1965 25 of 197635 40(2) notwithstanding such repeal, anything done or any action taken under theenactments so repealed including any notification, nomination, appointment, order or direction made thereunder or any amount of wages provided in any provision of such enactments for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this code and shall be in force to the extent they are not contrary to the provisions of this code till they are repealed under the corresponding provisions of this code or by the notification to that effect by the central government10 of 1897(3) without prejudice to the provisions of sub-section (2), the provisions ofsection 6 of the general clauses act, 1897 shall apply to the repeal of such enactments statement of objects and reasonsthe second national commission on labour, which submitted its report in june, 2002, had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:—(a)industrial relations;(b)wages;(c)social security;(d)safety; and(e)welfare and working conditions2 in pursuance of the recommendations of the said commission and the deliberations made in the tripartite meeting comprising of the government, employers' and industry representatives, it has been decided to bring the proposed legislation the proposed legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following four central labour enactments relating to wages, namely:—(a)the payment of wages act, 1936;(b)the minimum wages act, 1948;(c)the payment of bonus act, 1965; and(d)the equal remuneration act, 19763 the amalgamation of the said laws will facilitate the implementation and also remove the multiplicity of definitions and authorities without compromising on the basic concepts of welfare and benefits to workers the proposed legislation would bring the use of technology in its enforcement all these measures would bring transparency and accountability which would lead to more effective enforcement widening the scope of minimum wages to all workers would be a big step for equity the facilitation for ease of compliance of labour laws will promote in setting up of more enterprises thus catalyzing the creation of employment opportunities4 the salient features of the code on wages, 2019, inter alia, are as follows:—(a) it provides for all essential elements relating to wages, equal remuneration, its payment and bonus;(b) the provisions relating to wages shall be applicable to all employments covering both organised as well as un-organised sectors;(c) the power to fix minimum wages continues to be vested in the central government as well the state government in their respective sphere;(d) it enables the appropriate government to determine the factors by which the minimum wages shall be fixed for different category of employees the factors shall be determined taking into account the skills required, the arduousness of the work assigned, geographical location of the workplace and other aspects which the appropriate government considers necessary;(e) the provisions relating to timely payment of wages and authorised deductions from wages, which are presently applicable only in respect of employees drawing wages of twenty-four thousand rupees per month, shall be made applicable to all employees irrespective of wage ceiling the appropriate government may extend the coverage of such provisions to the government establishments also;(f) it provides that the wages to employees may also be paid by cheque or through digital or electronic mode or by crediting it in the bank account of the employee however, the appropriate government may specify the industrial or other establishment, where the wages are to be paid only by cheque or through digital or electronic mode or by crediting the wages in the bank account of the employee;(g) it provides for floor wage for different geographical areas so as to ensure that no state government fixes the minimum wage below the floor wage notified for that area by the central government;(h) in order to remove the arbitrariness and malpractices in inspection, it empowers the appropriate government to appoint inspectors-cum-facilitators in the place of inspectors, who would supply information and advice the employers and workers;(i) it empowers the appropriate government to determine the ceiling of wage limit for the purpose of eligibility of bonus and calculation of bonus;(j) in the place of number of authorities at multiple levels, it empowers the appropriate government to appoint one or more authorities to hear and decide the claims under the proposed legislation;(k) it enables the appropriate government to establish an appellate authority to hear appeals for speedy, cheaper and efficient redressal of grievances and settlement of claims;(l) it provides for graded penalty for different types of contraventions of the provisions of the proposed legislation;(m) it provides that the inspector-cum-facilitator shall give an opportunity to the employer before initiation of prosecution proceedings in cases of contravention, so as to comply with the provisions of the proposed legislation however, in case of repetition of the contravention within a period of five years such opportunity shall not be provided;(n) it provides for the appointment of officers not below the rank of under secretary to the government of india or an officer of equivalent level in the state government to dispose of cases punishable only with fine up to fifty thousand rupees, so as to reduce the burden on subordinate judiciary;(o) it provides for compounding of those offences which are not punishable with imprisonment;(p) it provides that where a claim has been filed for non-payment of remuneration or bonus or less payment of wages or bonus or on account of making deduction not authorised by the proposed legislation, the burden shall be on the employer to prove that the said dues have been paid to the employee;(q) it enables the appropriate government to constitute advisory boards at central and state level to advice the central government and the state governments, respectively, on matters relating to wages, women employment, etc;(r) the period of limitation for filing of claims by a worker has been enhanced to three years, as against the existing time period varying from six months to two years, to provide a worker more time to settle his claims 5 the code on wages, 2017, on similar lines, was introduced and referred to the department-related parliamentary standing committee on labour, which submitted its forty-third report on 18th december, 2018 however, before the said bill could be passed in the said house, it lapsed on dissolution of the sixteenth lok sabha hence, the code on wages, 20196 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;santosh gangwarthe 18th july, 2019 notes on clausesclause 2 of the bill seeks to define certain expressions used in the code, which, inter alia, include "accounting year", "advisory board", "appropriate government", "employee","employer", "tribunal", "wages" and "worker"clause 3 of the bill seeks to provide for the prohibition of discrimination on ground of gender it provides that no employer shall, for the purpose of prohibiting the discrimination among employees on ground of sex in matters relating to wages, shall reduce the rates of wages of any employeeclause 4 of the bill provides for determination of disputes with regard to same or similar nature of work the dispute shall be decided by such authority as may be notified by the appropriate governmentclause 5 of the bill seeks to provide for payment of minimum rates of wages the wages less than the minimum rates of wages notified by the appropriate government for a state or any part thereof shall not be paid to any employeeclause 6 of the bill seeks to provide for fixation of minimum wages such fixation of minimum wages by the appropriate government shall be subject to the powers of the central government to fix floor wage the minimum wages shall be for time work, piece work, and for the period by hours or day or month it provides for floor wage for different geographical areas so as to ensure that no state government fixes the minimum wage below the floor wage, notified for that area by the central governmentclause 7 of the bill seeks to provide components of the minimum wages any minimum rate of wages fixed or revised by the appropriate government may, inter alia, consist of basic rate, cost of living allowance and value of the concessions, if anyclause 8 of the bill seeks to provide the procedure for fixing and revising minimum wagesclause 9 of the bill seeks to provide the power of central government to fix floor wage different floor wages may be fixed for different geographical areas the central government before fixing the floor wage may obtain the advice of the central advisory boardclause 10 of the bill seeks to provide, inter alia, for wages of employee who works for less than normal working day an employee, where his failure to work is caused by his unwillingness to work and not by omission of the employer to provide him with work, shall not be entitled to receive wages for a full normal working dayclause 11 of the bill seeks to provide wages for two or more classes of work it provides that an employee who does two or more classes of work, to each of which different rate of minimum wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in such class of work, wages at not less than the minimum rate in force in respect of each such classclause 12 of the bill seeks to provide minimum time rate wages for piece work clause 13 of the bill seeks to provide for fixing hours of work for normal working day, day of rest and payment for work on day of rest by the appropriate governmentclause 14 of the bill seeks to provide for payment of wages for overtime work which is in excess of the number of hours constituting a normal working and the overtime rate shall not be less than twice the normal rate of wagesclause 15 of the bill seeks to provide for payment of all wages in current coin or currency notes or by cheque or by crediting the wages through digital or electronic mode in the bank account of the employee except as may be notified by the appropriate government in specified industrial or other establishment in which wages to be paid only by cheque or by crediting in bank accountclause 16 of the bill seeks to provide for fixation of wage period for employees which shall not be more than a month either as daily or weekly or fortnightly or monthly and the said wage periods may be fixed different for different establishmentsclause 17 of the bill seeks to provide time limit for payment of wages on monthly basis, daily basis, weekly basis and fortnightly basis in case of removal, dismissal, retrenchment, resignation from service or in the case of un-employment due to closure of the establishment, the wages payable to an employee shall be paid within two weeks the appropriate government may provide time limit apart from the time limit provided in this clauseclause 18 of the bill provides for deductions which may be made from the wages of an employee no deduction from the wages shall be made except those as are authorised under the proposed legislation the upper ceiling of deduction is fifty per cent of the wage in any wage period it further provides that if an employer commits default in depositing the deduction made from the employees' wages in the account of the trust or government fund or any other account, as required, the employee shall not be held responsible for such defaultclause 19 of the bill seeks to provide the imposition of fines by the employer on any employee the fine shall be imposed on any employee only in accordance with the approval and procedure as specified in the clauseclause 20 of the bill seeks to provide for the deductions for absence from duty the amount of such deductions shall in no case bear to the wages payable to the employee in respect of the wage period for which the deductions is made in a larger proportion than the period for which he was absent bears to the total period within such wage-period during which by the terms of his employment he was required to work an employee shall be deemed to be absent from the place where he is required to work if, although presence in such place, he refuses in pursuance of a stay-in strike for any other cause which is not reasonable in the circumstances, to carry out his workclause 21 of the bill seeks to provide deductions for damage or loss the deductions for damage or loss shall not exceed the amount of the damage or loss caused to the employer by negligence or default of the employee the deductions shall not be met until the employee has been provided an opportunity of showing cause against the deductions or otherwise than in accordance with the procedure prescribed by rulesclause 22 of the bill provides for deductions for services rendered such deductions shall not be made from the wages of employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or as otherwise such deductions shall also not exceed an amount equivalent to the value of such amenity or service supplied the appropriate government may impose conditions for such purposeclause 23 of the bill seeks to provide for deductions for recovery of advances certain conditions have been provided in the said clause subject to which the deductions shall be made for the recovery of advance of money given to an employee before and after the employment beganclause 24 of the bill seeks to provide deductions for recovery of loans and the manner for such recovery shall be provided in the rulesclause 25 of the bill seeks to provide that the provisions relating to payment of wages provided in chapter iii in the proposed code shall not be applicable to government establishments unless the appropriate government applies such provisions to any government establishment as may be specified by it by notificationclause 26 of the bill seeks to make provisions for eligibility for bonus the threshold limit for payment of the bonus is the wages not exceeding such amount per mensem as determined by notification, by the appropriate government where the wages of the employee exceeds such amount per mensem, as determined by notification, by the appropriate government, the bonus payable to such employee shall be calculated as if the wages of such employee were such amount, so determined by the appropriate government or the minimum wages fixed by the appropriate government, whichever is higher the other details regarding the payment of bonus have also been provided in this clauseclause 27 of the bill seeks to provide for proportionate reduction in bonus in case where an employee has not worked for all the working days in an accounting year, etcclause 28 of the bill seeks to provide for computation of the number of working days for the purposes where an employee has not worked for all the working days in an accounting year provisions have been made in this clause to cover certain days as working days as specified thereinclause 29 of the bill seeks to specify certain disqualifications, on the basis of dismissal from service for fraud, etc, for receiving bonusclause 30 of the bill seeks to provide for the purposes of computation of bonus that the establishment shall include its departments, undertakings and branches, where for any accounting year a separate balance sheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus for the accounting year, such department, undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonusclause 31 of the bill seeks to provide for payment of bonus out of allocable surplus it also empowers the appropriate government to notify the authority having jurisdiction for calling upon the employer to produce the balance sheet before itclause 32 of the bill seeks to provide for the computation of gross profit in the case of a banking company and in any other case in such manner as may be provided by rules by the central governmentclause 33 of the bill seeks to provide for the computation of available surplus in respect of any accounting yearclause 34 of the bill seeks to specify the sums which shall be deducted from the gross profits as prior charges which includes the sums as may be provided by rules to be made by the central governmentclause 35 of the bill seeks to provide for the calculation of direct tax payable by the employer such direct tax for any accounting year shall be calculated at the rate applicable to the income of the employer for that year subject to the provisions specified in that clauseclause 36 of the bill seeks to provide for set on and set off of allocable surplus it provides as to how the allocable surplus exceeding the amount of maximum bonus payable to the employee shall subject to the limit of 20 per cent of the total salary or wages of the employee in that accounting year be carried forward for being set on in the succeeding accounting years up to and inclusive of fourth accounting year for the purpose of payment of bonus in such manner as may be provided by rules by the central government it further provides that where for any accounting year, there is no available surplus or the allocable surplus in respect of that year, falls short of the amount of the minimum bonus payable to the employees and there is no amount or sufficient amount carried forward and set on which could be utilised for the purpose of the minimum bonus, then, such minimum amount or the deficiency shall be carried forward for being set off in the succeeding accounting years and so on up to and inclusive of the fourth accounting year in such manner as may be provided by rules by the central government it also provides that the applicability of such rules in other cases and for the taking into account at first instance the amount of set on or set off carried forward from the earliest accounting yearclause 37 of the bill seeks to provide for the adjustment of customary or interim bonus payable under the proposed legislationclause 38 of the bill seeks to provide for deduction of the amount of loss caused by the employee on account of misconduct from the amount of bonus payable by the employer to the employee in respect of the concerned accounting year only and the employee shall be entitled to receive the balance, if anyclause 39 of the bill seeks to provide the time limit for payment of bonus the bonus payable to an employee shall be paid by crediting in the bank account of the employee by his employer it also specifies regarding the extension of period for payment of bonus in certain cases and the upper limit of the extension which shall not exceed two years and in case of a dispute for payment at higher rate, the employer shall pay eight and one third per cent of the wages earned by the employee as per the provisions of the proposed legislation within the time limitclause 40 of the bill seeks to provide for the application of the provisions of chapter iv regarding payment of bonus to establishments in public sector in certain cases as specified in the said clauseclause 41 of the bill seeks to provide for the non-applicability of the provisions of chapter iv regarding the payment of bonus in certain cases which, inter alia, include employees employed in life insurance corporation of india, indian red cross society or any other institution of a like nature including its branches , reserve bank of india, etc it also provides that the provisions regarding the payment of bonus shall apply to such establishments in which twenty or more persons employed or were employed on any day during an accounting yearclause 42 of the bill seeks to provide for central advisory board to be constituted by the central government which shall be tripartite in nature having representatives from employees, employers and independent persons as well as there will be one third representation of women in this board and the said board shall advice the central government on issues referred to it it also provides that every state government shall also constitute a state advisory board for advising the state government, inter alia, on fixation or revision of minimum wages, increasing employment opportunities, etc the state advisory board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in the clause one third members of the state advisory board shall be women clause 43 of the bill seeks to provide the responsibility for payment of various dues of the employees in case of failure to pay the dues, the concerned company or firm or association or any other person who is the proprietor of the establishment shall be responsible for the payment of duesclause 44 of the bill seeks to provide for payment of various undisbursed dues of the employee in case of his death such dues will be paid to the persons nominated by the employee and where there is no such nomination or for any reasons such amount cannot be paid to the person nominated, then, the dues shall be deposited with the authority specified in the rules, who shall deal with the amount in the manner provided in such rules where the dues are paid by the employer in accordance with this clause by the employer, then, he shall be discharged of his liability to pay the dues clause 45 of the bill seeks to provide for appointment of authority by the appropriate government to decide the claim of employees which arises under the provisions of the proposed legislation the said authority shall have powers to award payment of claim amount along with compensation which may extend up to ten times of the claim amount further, if an employer fails to pay the amount of claim and compensation awarded by the authority, then, the said authority shall issue a recovery certificate to the collector or district magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee any application before the authority for claim referred above may be filed by the employee concerned or inspector-cum-facilitator or by any trade union of which the employee is a memberclause 46 of the bill seeks to provides that if a dispute arises between an employer and his employees with respect to the bonus payable under the proposed legislation or the application of this code, in respect of bonus, to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute under the industrial disputes act, 1947clause 47 of the bill seeks to provide that if in any dispute referred to the authority, appellate authority, a tribunal or an arbitrator, any corporation or a company (other than a banking company) submits to the said authority, appellate authority, a tribunal or an arbitrator, the documents like balance sheet and profit and loss account duly audited by the comptroller and auditor-general of india or by auditors duly qualified to act as auditors of companies under companies act, 2013, then, such documents shall be presumed to be accurate and it shall not be necessary for the corporation or company to prove the accuracy of such statements however, when an application is made to the said authority, appellate authority, tribunal or arbitrator by any employee or a trade union being a party to the dispute requiring any clarification to the said statements, then, on order of the authority, appellate authority, tribunal or arbitrator the concerned corporation or company, as the case may be, shall clarify the sameclause 48 of the bill seeks to provide for audit of accounts of employers not being corporations or companies where an employer fails to get the accounts audited then there is provision for getting the accounts audited by such auditor or auditors as the authority thinks fit and the expenses of and incidental to such audit including the remuneration of auditor or auditors shall be determined by the authority and be paid by the employer in case of failure of payment, this clause contains the provision for the recovery of such expensesclause 49 of the bill makes provisions for appeal against the order of the authority clause 50 of the bill seeks to provide for records, returns and notices the said clause makes provisions for the maintenance of register by the employer containing the details with regard to persons employed, muster roll, wages and such other details in the manner to be specified in the rules by the appropriate government it also provides for the display of a notice on the notice board at a prominent place at the establishment containing the abstract of the proposed legislation, category-wise wage rates of employees, wage period, day or date and time of payment of wages and the name and address of the inspector-cum-facilitator having jurisdiction there is provision for issue of wage slip the employer who employs not more than five persons for agriculture or domestic purpose is exempted from the provision but when demanded, he shall produce before the inspector-cum-facilitator the reasonable proof of the payment of wages to the persons employedclause 51 of the bill seeks to provide for appointment of inspector-cum-facilitator and their powers the inspector-cum-facilitator may supply information and advise to employer and workers concerning the most effective means of complying with the provisions of the proposed legislation the said clause also empowers the inspector-cum-facilitator to inspect the establishment based on inspection schemeclause 52 of the bill seeks to provide for cognizance of offences under the provisions of the proposed legislation the cognizance of the offences shall be taken by the court on a complaint no court inferior to the metropolitan magistrate or magistrate of the first class shall try the offencesclause 53 of the bill seeks to provide for the appointment of officers not below the rank of under secretary to the government of india or equivalent level officer in the state government to dispose of cases punishable only with fine up to fifty thousand rupees, and procedure therefor, so as to reduce the burden on subordinate judiciaryclause 54 of the bill seeks to provide penalties for offences enhanced penalties shall be imposed on the offender who is again found guilty of similar offence already committed by him, for which he has been convicted the inspector-cum-facilitator shall, before initiation of prosecution proceedings, give an opportunity to the employer to comply with the provisions of the proposed legislation the prosecution proceedings shall not be initiated against the employer who complies with the said provisions within the period specified such opportunity shall not be accorded to an employer, if the violation of the same nature of the provisions of proposed legislation is repeated within a period of five years from the date on which the first violation was committedclause 55 of the bill seeks to provide for offences by companies if the offence is committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of business of the company, as well as the company shall be deemed to be guilty of offence and shall be liable to be proceeded against and punished accordingly protection has been provided where offence has been committed without the knowledge or where all due diligence to prevent the commission of the offence has been exercised the director, manager, secretary or other officer of the company with the consent or connivance of whom the offence has been committed shall also be deemed to be guiltyclause 56 of the bill seeks to provide for composition of offences only the offences for which there is no punishment with imprisonment shall be compounded the compounding money shall be a sum of fifty per cent of maximum fine there is no compounding for a similar offence compounded earlier or for commission of which conviction was made committed for the second time or thereafter within a period of five yearsclause 57 of the bill seeks to provide bar of suits the matters in which the court shall not entertain the suit, inter alia, relate to the recovery of minimum wages, any deduction from wages, discrimination in wages and payment of bonusclause 58 of the bill seeks to provide for protection of action taken in good faith by the appropriate government or any officer of that government under the provisions of the proposed legislationclause 59 of the bill seeks to provide regarding burden of proof the burden of proving that the dues on account of remuneration or bonus, etc, have been paid shall be on the employerclause 60 of the bill seeks to provide that any contract or agreement whereby an employee relinquishes the right to any amount or the right to bonus due to him under the provisions of the proposed legislation shall be null and void in so far as it purports to remove or reduce the liability of any person to pay such amountclause 61 of the bill seeks to provide for overriding effect in respect of laws, agreements, etc, which are inconsistent with the provisions of the proposed legislation such laws, agreements, etc, shall not affect the provisions of the proposed legislationclause 62 of the bill seeks to provide for delegation of powers the appropriate government may, by notification, delegate the powers exercisable by it in the proposed code with or without any condition to the officer or authority subordinate to that government, etc, as may be specified in the notificationclause 63 of the bill seeks to provide for exemption of employer from liability in certain cases the employer who is charged with an offence under the provisions of the proposed legislation shall be entitled upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before of the court at the time appointed for hearing the charge and if used he proves that he has, after the commission of the offence has been proved, due diligence to enforce the execution of the provisions of the proposed legislation and the other person committed the offence without his knowledge, consent or connivance, then, that other person shall be convicted of the offence and the employer shall be dischargedclause 64 of the bill seeks to provide for protection against attachment of assets of employer with governmentclause 65 of the bill seeks to provide for the powers of the central government to give directions to the state government for carrying into execution of the provisions of the proposed legislation and such directions shall be bindingclause 66 of the bill seeks to provide that the provisions of the proposed legislation shall not effect the provisions of the mahatma gandhi national rural employment guarantee act, 2005 and the coal mines provident fund and bonus schemes act, 1948, or of any scheme made thereunderclause 67 of the bill seeks to confer power upon the appropriate government to make rules such powers are of general nature for carrying out the provisions of the proposed legislation and also the matters on which such rules may be made have been specified there is provision for laying the rules, as the case may be, before the parliament or the state legislatureclause 68 of the bill seeks to confer power upon the central government to make provisions published in the official gazette and not inconsistent with the provisions of the proposed legislation for removing the difficulty such powers shall not be exercised after expiry of a period of two years from the commencement of the proposed legislation and every order published under this clause shall be laid before the each house of parliamentclause 69 of the bill seeks to provide for repeal of certain enactments, namely, the payment of wages act, 1936, the minimum wages act, 1948, the payment of bonus act, 1965 and the equal remuneration act, 1976, and saving of things done and action taken there under memorandum regarding delegated legislationclause 5 of the bill provides that no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate government for the area, establishment or work as may be specified in the notification2 sub-clause (5) of clause 6 of the bill provides that the appropriate government may, by notification, fix factors by which the minimum wages so fixed be multiplied for different types of work3 sub-clause (1) of clause 9 of the bill empowers the central government to fix the floor wage, by notification proviso to the said clause further provides that different floor wages may be fixed for different geographical areas4 clause 25 of the bill exempts the application of the provisions of this chapter iii of the bill to government establishments unless the appropriate government, by notification, applies such provisions to any government establishment specified in the said notification5 sub-clause (1) of clause 45 of the bill empowers the appropriate government to appoint by notification, one or more authorities, not below the rank of a gazetted officer, to hear and determine the claims which arises under the provisions of this bill6 sub-clause (1) of clause 49 of the bill empowers the appropriate government to appoint appellate authority having jurisdiction to hear appeals preferred by any person aggrieved by an order passed by the authority under sub-clause (2) of clause 457 sub-clause (1) of clause 51 of the bill empowers the appropriate government to appoint inspector-cum-facilitators who shall exercise the powers conferred on them under sub-clause (4) of the said clause throughout the state or such geographical limits assigned to them, in relation to establishments situated in such state or geographical limits, as the case may be8 sub-clause (2) of clause 51 of the bill empowers the appropriate government to lay down an inspection scheme by notification, which shall also provide for generation of a webbased inspection schedule9 sub-clause (1) of clause 53 of the bill empowers the appropriate government to appoint officer not below the rank of under secretary to the government of india or an officer of equivalent rank in the state government, for conducting the enquiry and deciding offences punishable only with fine up to fifty thousand rupees, and the manner of holding enquiry to be provided by rules by the central government, so as to reduce the burden on subordinate judiciary10 sub-clause (1) of clause 56 of the bill empowers the appropriate government to specify a gazetted officer for the purpose of compounding offences in accordance with the provisions of the said clause11 sub-clause (1) of clause 67 empowers the appropriate government, subject to the condition of previous publication, to make rules for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include: (a) the manner of calculating the wages where such rates are fixed by the hour or by the day or by the month under sub-section (4) of section 6; (b) the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day under section 10; (c) the extent to which, and subject to such conditions, the provisions of sub-section (1) of section 13 shall apply in relation to certain classes of employees, under sub-section (2) of that section;(d) the manner of fixation of minimum rate of wages by the hour, by the day or by such a longer wage period under section 14; (e) manner of deducting loans made from any fund constituted for the welfare of labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18; (f) the manner of recovery of excess of amount under sub-section (4) of section 18; (g) the authority to provide approval for imposition of fine under sub-section (1) of section 19; (h) the manner of exhibition of the acts and omissions to be specified in the notice under sub-section (2) of section 19; (i) the procedure for the imposition of fines under sub-section (3) of section 19; (j) the form of the register to record all fines and all realisations thereof under sub-section (8) of section 19; (k) the procedure for making deductions for absence from duty under sub-section (2) of section 20; (l) the procedure for making deductions for damage or loss under sub-section (2) of section 21; (m) the form of the register to record all deductions and all realisations thereof under sub-section (3) of section 21; (n) conditions for recovery of advance of money given to an employee after the employment began under clause (b) of section 23; (o) conditions for recovery of advances of wages to an employee not already earned under clause (c) of section 23; (p) deductions for recovery of loans and the rate of interest payable thereon under section 24; (q) the manner of making set on or set off for the sixth and seventh accounting years under clauses (i) and (ii) of sub-section (7) of section 26; (r) the manner of calculating gross profits under clauses (a) and (b) of section 32;(s) such further sums in respect of employer under clause (c) of section 34; (t) the manner of utilising the excess of allocable surplus to be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year under sub-section (1) of section 36; (u) the manner of utilising the minimum amount or the deficiency to be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year under sub-section (2) of section 36; (v) the manner of regulating the procedure by the central advisory board referred to in sub-section (1) of section 42 and the state advisory board referred to in sub-section (4) of the said section including that of the committees and sub-committees constituted by the state advisory board under sub-section (10) of section 42; (w) the term of members of the central advisory board, the state advisory board including the committees and sub-committees constituted by the state advisory board under sub-section (11) of section 42; (x) the authority and manner of depositing with such authority various undisbursed dues in case of death of employed person under clause (b) of sub-section (1) of section 44; (y) form of single application in respect of a number of employees under sub-section (5) of section 45; (z) the form for making an appeal to the appellate authority by the aggrieved person under sub-section (1) of section 49; (za) the manner of maintenance of a register by the employer to maintain the details of persons employed, muster roll, wages and such other details under sub-section (1) of section 50; (zb) the manner of issuing wage slips under sub-section (3) of section 50; (zc) the other powers to be exercised by the inspector-cum-facilitator under sub-section (5) of section 51; (zd) the manner of holding enquiry in respect of offences specified in sub-section (1) of section 53; (ze) the manner of composition of offence by a gazetted officer specified under sub-section (4) of section 56; and (zf) any other matter which is required to be or may be specified under the proposed legislation12 sub-clause (4) of clause 67 provides that every rule made by the central government is required to be laid before each house of parliament13 sub-clause (5) of clause 67 provides that every rule made under the said clause is required to be laid before state legislature14 the matters in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto amend and consolidate the laws relating to wages and bonus and matters connected therewith or incidental thereto————	Parliament_bills	4272a4ec-e140-5f26-a04a-700e45b84eda
amendment 9 in section 11 of the prineipal act, in sub-section ()— f section eee 11, "(0 for the words "the sponsor bank", the words "the central government or any other authority prescribed by the central government for the purpose" shall be substituted; and (i in the proviso, in clause (@), for the words "national bank", the words, "sponsor bank" shall be substituted amendment 10 in section 17 of the principal act, in the second proviso to sub-seetion (/), forthe of seston 17 portion beginning with the words "and, in determining such remuneration," and ending with the words "status in the notified area" the words "from time-to-time in terms of periodical \wage revisions of officers and employees of nationalised commercial banks and in determining national industrial tribunal headed by hon'ble justice shri obul reddy read withthe relevant verdict ofthe hon'ble supreme court pronounced on 31st october, 2001," shall be substituted amendment 11, in section 18 of the principal act, in sub-section (2), after clause (b), the following of section 18, clause shall be inserted, namely:— "() for granting loans and advances to the state government and state sponsored autonomous bodies for the purpose of creation of rural infrastructure like roads, 'ransport, electricity, irrigation facilities and any other matter connected with rural development and generation of rural employment" amendment 12, section 22 of the principal act shall be tenumbered as sub-section (/) thereof and of section 22 after sub-section (/) as so renumbered, the following sub-section shall be inserted, namely:— "(2) all term deposit certificates issued by regional rural bank for a maturity period of not less than five years shall be entitled to rebate as allowed under sections 30l and 88 of the income tax act, 1961", arieadmeat 13, in section 234 of the principal act, in sub-section (3),— \mendmen ht "in clause (a), the words and brackets excepting such of them as not being workmen within the meaning of industrial disputes act, 1947 are specially mentioned in the notification)" shall be deleted; (i after clause (4), the following clause shall be inserted, namely: - "(e) the manner in which the shares ofa particular sponsor bank held in the transferor regional rural bank shall be transferred to the sponsor bank of the transferee regional rural bank", lasertion 4, after section 24a of the principal act, the following section shall be inserted, of new namely:— section 24b 35 constitution "24b (1) the central government in consultation with the reserve bank and ha hae at the national bank may by a notification in the official gazette or by a separate act of a the parliament constitute a national rural bank of india or by such other name as specified in the notification or act, with a chairman and such other number of memebrs, as it may specify in the said notification or in the specified act, drawn from banks, financial institutions, academicians and experts in rural development and 40 rural banking (2) the apex authority so constituted shall recommend to the central government about the policy guidelines to be followed by regional rural bank and sponsor banks and 45in particular help the central government in matters of selection of chairman of regional rural banks and act as the negotiating forum for settlement of demands and disputes with trade unions of officers and employees of regional rural banks (3) the authority shall perform such other functions as may be assigned to it from time 'o time and exercise such powers as may be prescribed by the central government" statement of objects and reasonsregional rural banks (rrbs) have come to stay as an inseparable part of the country's rural credit system, around 38 per cent of the cases implemented so far in the country under different poverty alleviation schemes have been negotiated by these regional rural banks which also organise and finance over 50 per cent of the country's self-help groups the regional rural bank-system has, therefore, to be nurtured and strengthened in the interest of the rural masses the merging needs of the rural economy would be very high and in the scenario on the anvil with agriculture being highly industrialized, massive investment in the rural economy would be imperative the regional rural banks, therefore, have to be geared up to assume a pivotal role in the process of economic regeneration of rural india with funds mobilized from the rural areas in order to make the regional rural banks more responsive to the needs of the rural masses as enshrined in the preamble to the regional rural banks act, 1976 and to remove their inbuilt limitations, some changes in their physical, operational and administrative structure are urgently required a few suggestions to improve and strengthen the system of regional rural banks have been given in the bill as mentioned under:— (@ to enhance the spatial coverage of regional rural banks and to extend their areas of coverage; (ii) to strengthen the resource-base of the banks by infusion of funds from different agencies; (iii) to delink the sponsor bank to the maximum possible extent from the affairs of regional rural banks in order to provide recognised banks a level playing field in the current competitive scenario; (iv) to ensure unity of approach, unity of command and accountability of the functionaries at different levels; () to allow employees' participation in the management and decision-making and to have a negotiating forum of their own the proposed amendments are likely to enhance viability of rrbs, make them financially sound and attitudinally pro-people by nurturing and exploiting the rich experience and inner dynamism developed in the course of the last two and a half decades and at the same time, provide the rural people a strong bank of their own to face the challenges of the changing scenario, 'the bill seeks to achieve the above objectives new detui; basudeb acharia june, 7, 2004, president's recommendation under articles 117 (1), 274(1) and 117(3) of the constitution{copy of letter no 12(1)/2004-rrb, dated 11 august, 2004 from shri p chidambaram, minister of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the regional rural banks (amendment) bill, 2004 (amendment of section 2, etc) by shri basudeb acharia, membér of parliament, recommends the introduction under articles 117(1) and 274(1) and consideration of the bill under article 117(3) of the constitution in lok sabha financial memorandumclause 3 of the bill seeks to establish regional rural banks clause 5 seeks to increase the authorised capital of each regional rural bank from five crores of rupees to five hundred crores of rupees clause 6 seeks to increase the issued capital of each regional rural bank from the existing limit of minimum twenty-five lakli of rupees and maximum one crore of rupees to five crores of rupees clause 14 envisages to constitute an apex national rural bank of india which would also involve some recurring and non-recurring expenditure for creating and maintaining the infrastructural facilities for the apex authority the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india, a recurring expenditure of about rupees five hundred crore per annum is likely to be involved from the consolidated fund of india a non-recurring expenditure of about rupees five crore is also likely to be involved from the consolidated fund of india annexure extract from the regionat rurat banks acr, 1976 chapter i 1(/) (2) short title, extent and 'commencement q) 2 (a) definitions (6) " (c) @) "notification area" means the local limits, specified under sub-section (1) of section 3, within which a regional rural bank shall operate; (©) "prescribed" means prescribed by rules made under this act; i) (2) "sponsor bank", in relation to a regional rural bank, means a bank by which such regional rural bank has been sponsored; (a) "state government" means,— (a in relation to a regional rural bank established in a union territory, the central government; (ii) in relation to a regional rural bank established in a state, the goverment of that state; ' chapter i3 (1) the central government may, if requested so to do by a sponsor bank, by notification in the official gazette, establish in a state or union territory, one or more regional rural banks with such name as may be specified in the notification and may by establishment and incorporation of regional rural banks the said or subsequent notification, specify the local limits within which each regional rural bank shall operate offices and agencies 4 (1) a regional rural bank shall have its head office at such place in the notified area as the central government may, after consultation with the "national bank" and the sponsor bank, specify by notification in the official gazette (2) a regional rural bank may, if it is of opinion that it is necessary so to do, establish its branches or agencies at any place in the notified area, authorised capital5 the authorised capital of each regional rural bank shall be "ive crores of rupees divided into five lakhs" of fully paid-up shares of one hundred rupees each: provided that the central government may, after consultation with the "national bank" the sponsor bank, increase or reduce such authorised capital; so, however, that the authorised capital shall not be hundred rupees each \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| issued \| capital \|\|-------------\|-------------\|------------\|----------------\|-----------------\|-----------------\|------------\|-----------------\|------------\|---------------\|-------------\|-------------\|-----------\|-------------\|-------------\|------------\|\| 6 \| (1) \| the \| issued \| capital \| of \| each \| regional \| rural \| bank \| shall, \| in \| the \| first \| instance, \| be \|\| such \| as \| may \| be \| fixed \| by \| the \| central \| government \| in \| this \| behalf, \| but \| it \| shall \| in \|\| be \| less \| than \| twenty-five \| lakhs \| of \| rupees \| or \| exceed \| one \| crore \| of \| rupees \| \| \| \|\| (2) of \| the \| capital \| issued \| by \| a \| regional \| rural \| bank \| under \| sub-section \| (1), \| fifty \| per \| \| \|\| cent \| shall \| be \| subscribed \| by \| the \| central \| government; \| fifteen \| per \| cent, \| by \| the \| concerned \| \| \|\| state \| government \| and \| thirty \| five \| per \| cent, by \| the \| sponsor \| bank; \| \| \| \| \| \| \|\| (3) \| the \| board \| may, \| after \| consultation \| with \| the \| "national \| bank" \| the \| concerned \| state \| \| \| \|\| government \| and \| the \| sponsor \| bank \| and \| with \| the \| prior \| approval \| of \| the \| central \| government, \| \| \|\| from \| time \| to \| time, \| increase \| the \| issued \| capital \| of \| the \| regional \| rural \| bank; \| and, \| where \| \|\| additional \| capital \| is \| issued, \| such \| capital \| shall \| also \| be \| subscribed \| in \| the \| same \| proportion \| \| \|\| as \| is \| specified \| in \| sub-section \| (2) \| \| \| \| \| \| \| \| \| \| \|\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| board \| of \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| directors \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 9 \| (1) \| the \| board \| of \| directors \| shall \| consist \| of \| the \| chairman \| appointed \| under \| sub- \| \| \|\| section \| (/) \| of \| section \| 11, \| and \| the \| following \| other \| members, \| namely:— \| \| \| \| \| \|\| (a) \| two \| directors, \| who \| are not \| officers \| of \| the \| central \| government, \| state \| \| \| \| \| \|\| government, \| reserve \| bank, \| national \| bank, \| sponsor bank \| or \| any other bank, \| to \| be \| \| \| \| \| \| \|\| nominated \| by \| the \| central \| government; \| \| \| \| \| \| \| \| \| \| \| \|\| (6) \| one \| director, \| who \| is \| an \| officer \| of \| the \| reserve \| bank, \| to \| be \| nominated \| by \| \|\| that \| bank; \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (c) \| one \| director, \| who \| is \| an \| officer \| of \| the \| national \| bank, \| to \| be \| nominated \| by \| \|\| that \| bank; \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (d) \| two \| directors, \| who \| are \| officers \| of \| the \| sponsor \| bank, \| to \| be \| nominated \| by \| \| \|\| that \| bank; \| and \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (e) \| two \| directors, \| who \| are \| officers \| of \| the \| concerned \| state \| government, \| to \| be \| \| \| \|\| nominated \| by \| that \| government \| \| \| \| \| \| \| \| \| \| \| \| \|\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| term \| of \| office \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| of \| director \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 10 \| a \| director \| (other \| than \| that \| chairman) \| shall \| hold \| office \| for \| such period \| not \| \| \| \|\| exceeding \| two \| years, \| from \| the \| date \| when \| he \| assumes \| office, \| as \| the \| authority \| nominating \| \| \|\| him \| may \| specify \| at \| the \| time \| when \| the \| nomination \| is \| made, \| and \| may, \| on \| the \| expiry \|\| said \| period, \| continue \| to \| hold \| office \| until \| his \| successor \| has \| been \| nominated \| and \| shall \| also \| \|\| be \| eligible \| for \| re-nomination \| \| \| \| \| \| \| \| \| \| \| \| \|\| chairman \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 11 \| (1) \| "the \| sponsor \| bank"'shall \| appoint \| an \| individual \| to \| be \| the \| chairman \| of \| a \| regional \| \|\| rural \| bank \| and \| specify \| the \| period, \| not \| exceeding \| five \| years, \| for \| which \| such \| individual \| shall, \| \|\| subject \| to \| the \| provisions \| of \| sub-section \| (4), \| hold \| office \| as \| the \| chairman, \| \| \| \| \|\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (6) \| ifthe \| chairman \| is, \| by \| infirmity \| or \| otherwise, \| rendered \| incapable \| of \| carrying \| out \| his \| \| \|\| duties \| or \| is \| absent, \| on \| leave \| or \| otherwise, \| in \| circumstances \| not \| involving \| the \| vacation \| of \| \|\| office, \| the \| central \| government \| may \| appoint another \| individual \| to \| act \| as \| the \| chairman \| during \| \| \| \|\| the \| absence \| of \| the \| first-mentioned \| chairman \| \| \| \| \| \| \| \| \| \| \|\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| staff \| of \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| regional \| rural \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| banks \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 17(2) \| a \| regional \| rural \| bank \| may \| appoint \| such \| number \| of \| officers \| and \| other \| employees \| \| \|\| as \| it \| may \| consider \| necessary \| or \| desirable \| in \| such \| manner \| as \| may \| be \| prescribed \| for \| the \|\| efficient \| performance \| of \| its \| function \| and \| may \| determine \| the \| terms \| and \| conditions \| of \| theit \| \| \|\| appointment \| and \| service: \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| provided \| that \| it \| shall \| be \| lawful \| for \| a \| sponsor \| bank,-if \| requested \| so \| to \| do \| by \| a \|\| rural \| bank \| sponsored \| by \| it, \| to \| send, \| such \| number \| of \| officers \| or \| other \| employees \| on \| deputation \|\| to \| the \| regional \| rural \| bank \| as \| may \| be \| necessary \| or \| desirable \| to \| the \| efficient \| performance \| of \|\| its \| functions: \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|provided further that the remuneration of officers and other employees appointed by a regional rural bank shall be such as may be determined by the central government, and, in determining such remuneration, the central government shall have due regard to the salary structure of the employees of the state government and the local authorities of comparable level and status in the notified area, business which 18(1) \| a \| regional \|\|-------\|-------------\|\| rural \| bank \|\| may \| transact \|(2) without prejudice to the generality of the provisions of sub-section (1), every regional rural bank may, in particular, undertake the following types of business, namely:— (a) + + (®) the granting of loans and advances, particulary to artisans, small entrepreneurs and persons of small means engaged in trade, commerce or industry or other productive - activities, within the notified area in relation to the regional rural bank + 22 for the purpose of the income tax act, 1961 (43 of 1961), or any other enactment for the time being in force relating to any tax on income, profits or gains, a regional rural bank shall be deemed to be a co-operative society \| \| regional \| rural \|\|---------------\|-------------\|----------\|\| bank \| to \| be \|\| deemed \| to be \| 2 \|\| co-operative \| \| \|\| society \| for \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| purpose \| of \| the \|\| income \| tax \| \|\| act, \| 1961 \| \|\| 23 \| \| \|\| (a) \| \| \|\| (1) \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| 'amalgamation \| \| \|\| of \| regional \| \|\| rural \| banks \| \|\| q) \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|\| \| \| \|(3) every notification issued under sub-section (7) may also provide for all or any of the following matters, namely:— (a) the continuance in service of all the employees of the transferor regional rural banks (excepting such of them as not being workmen with the meaning of the industrial disputes act, 1947 are specifically mentioned in the notification) in the transferee regional rural bank at the same remuneration and on the same terms and conditions of service, which they were getting or, as the case may be, by which they were being governed, immediately before the date on which the amalgamation takes effect; 7 (d) the continuance by or against the transferee regional rural bank of any pending legal proceeding by or against any transferor regional rural banks and such consequential, incidental and supplemental provisions, as may, in the opinion of the central government, be necessary to give effect to the amalgamation miscellaneous,24 () a regional rural bank shall, in the discharge of its functions, be guided by such directions in regard to matter of policy involving public interest as the central government may, after consultation with the reserve bank, give, \| power \| of \|\|-------------\|-------\|\| central \| \|\| government \| \|\| to \| give \|\| directions, \| \|(2) ifany question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the central government thereon shall be final	Parliament_bills	222d4959-6d0c-55f5-aadf-3e770669d04d
bill no 298 of 2015 the prevention of cruelty to animals (amendment) bill, 2015 by shri bhartruhari mahtab, mp a billfurther to amend the prevention of cruelty to animals act, 1960be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—2 for section 28 of the prevention of cruelty to animals act, 1960, the following section shall be substituted, namely,—substitution of new section for section 285"28 (1) the central government shall, in consultation with state governments, within a period of one year from the coming into force of the prevention of cruelty to animals (amendment) act, 2015, notify the religious occasions on which it is customary to sacrifice animalsprovisions as to sacrificial killing of animals during religious occasions(2) nothing contained in this act shall render it an offence to kill any animal in a manner required by the religion of any community on any religious occasion notified under sub-section (1)10(3) during religious occasions notified under sub-section (1), every act of killing of an animal for sacrificial purposes under sub-section (2), shall be carried out in isolation where it is not within the view of other sacrificial animals(4) every act of killing of an animal for sacrificial purposes during a religious occasion shall be carried out by trained persons and using such methods, as may be prescribed by the central government, to ensure minimum pain and trauma to the sacrificial animal"15 statement of objects and reasonsanimal sacrifice is a very common ritual that exists in many religious communities the reason cited to justify it is to seek divine favor, both individual such as good health and fortune; and collective such as rain and good harvest since, these rituals have continued for centuries, it is difficult to question the relevance of such rituals however, the manner in which animal sacrifices are carried out has often been criticized for being too cruelone major concern in brutality of animal sacrifice lies in the methods used for killing animals often the weapon used for animal sacrifice is not appropriate for the purpose moreover, animals sacrifice is usually carried out by untrained persons as a result, animals are not only injured during sacrifice but are then left to die, thus prolonging their sufferinganother disturbing aspect of animal sacrifice is that often animals are sacrificed in full view of other sacrificial animals this causes severe mental trauma to animals awaiting sacrificein order to address the above issues and to ensure that minimum trauma is caused to an animal during sacrifice, the bill seeks to amend the prevention of cruelty to animals act,1960 with a view to provide that—(i) central government shall, in consultation with the state governments, notify the religious occasions on which it is customary to sacrifice animal; and(ii) animal sacrifices on religious occasions shall be carried out in isolation and by trained persons and using such methods as may be prescribed to ensure minimum pain and trauma to the sacrificial animal hence this billnew delhi;bhartruhari mahtabnovember 13, 2015 memorandum regarding delegated legislationclause 2(4) of the bill empowers the central government to prescribe by rules the methods of animal sacrifice to ensure minimum pain and trauma to the sacrificial animalas the rules to be framed relates to matters of detail only, the delegation of legislative power is of a normal character annexure extract from the prevention of cruelty to animals act, 1960 chapter vi miscellaneous28 nothing contained in this act shall render it an offence to kill any animal in a manner required by the religion of any community saving as respects manner of killing prescribed by religion———— a billfurther to amend the prevention of cruelty to animals act, 1960————(shri bhartruhari mahtab, mp)gmgipmrnd—2879ls(s3)—04122015	Parliament_bills	f96f1611-0dfc-5b9d-b2ee-0f6b0d683d05
bill no xxiii of 2006 the prevention of atrocities on women and children bill, 2006 a billto prevent the commission of offences of atrocities against the women and children in the country, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the prevention of atrocities on women and children act,2006short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of state, the government of that state and for all other cases the central government(b) "atrocity" means an offence punishable under section 3;102 of 1973(c) "code" means the code of criminal procedure, 1973;(d) "special court" means a court of session specified as a special court insection 7;45 of 1860(e) words and expressions used but not defined in this act and defined in the code or the indian penal code shall have the meanings assigned to them respectively in the code, or as the case may be, in the indian penal code3 (1) whoever,—punishments for offences of atrocities5(i) assaults or uses force against any women with intent to dishonour or outrageher modesty;(ii) forcibly removes clothes from the person of a woman or parades her naked orwith painted face or body or commits any similar act which is derogatory to human dignity;10(iii) compels or entices a woman or child to do 'begar' or other similar forms offorced or bonded labour;(iv) being in a position to dominate the will of a woman and uses that position toharass or exploit her sexually to which she would not have otherwise agreed;(v) intentionally insults or intimidates with intent to humiliate a woman or child inany place within public view;15(vi) institutes false, malicious or vexatious suit or criminal or other legalproceedings against a woman or child;(vii) takes pictures or video of a women without her consent or knowledge byviolating her privacy;20(viii) forces or compels any women into prostitution; (ix) forces or compels any child to work in any establishment whether hazardousor not; shall be punishable with imprisonment for a term which shall not be less than two yearsbut which may extend to five years and with fine which may extend to twenty thousand rupees25(2) whoever being a public servant, commits any offence under this section, shall bepunishable with imprisonment for a term which shall not be less than three years but which may extend to the punishment provided for that offence30punishment for neglect of duties4 whoever, being a public servant, willfully neglects his duties required to be performedby him under this act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one yearremoval of person likely to commit offence355 (1) where the special court is satisfied, upon a complaint or a police report that aperson is likely to commit an offence under this act, it may, by order in writing, direct such person to remove himself beyond the limits of such area, within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding two years, as may be specified in the order(2) the special court shall, along with the order under sub-section (1), communicate to the person directed under that sub-section the grounds on which such order has been made(3) the special court may revoke or modify the order made under sub-section (1), for the reasons to be recorded meriting, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order6 any person contravening an order of the special court made under section 5 shall be punishable with imprisonment for a term which may extend to two years and with finefor non compliance of orders of the special courtspecial court7 for the purposes of providing for speedy trial, the appropriate government shall ,with the concurrence of the chief justice of high court, by notification in the official gazette, specify for each district a court of session to be a special court to try offences under this act5preventive action to be taken by the law and order machinery108 (1) a district magistrate or a sub-divisional magistrate or any other executivemagistrate or any police officer not below the rank of a deputy superintendent of police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and taken preventive action(2) the appropriate government may, by notification in the official gazette, make oneor more schemes specifying the manner in which the officers referred to in sub-section (1) shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the women and children15relief and rehabilitation9 (1) the appropriate government shall provided such relief and rehabilitation to thevictims of the atrocities under this act by framing schemes as may be notified from time to time(2) without prejudice to the generality of the aforesaid provision the appropriate government shall provide the following facilities to the victims of atrocities under this act,—20 (i) free medical facilities; (ii) free board and lodging; (iii) recreational facilities; and (iv) vocational training2510 the central government shall, after due appropriation made in this behalf, providesuch requisite funds for being utilised for the purposes of this actcentral government to provide fundsremoval of difficulties11 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:30provided that no such orders shall be made after the expiry of the period of three yearsfrom the date of commencement of this actprotection of action taken in good faith3512 no suit, prosecution or other legal proceeding shall lie against the centralgovernment or against the state government or any officer or authority of government or any other person for anything which is in good faith done or intended to be done under this actoverriding effect of the act13 save as otherwise provided in this act, the provisions of this act shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any other law40power to make rules14 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonswomen and children are the most vulnerable classes of our society every now and then, women and children are subject to atrocities and violence they are subject to all kinds of torture which more often than not go unreported at times, the state machinery do not react with the kind of agility that is required on the incident of atrocities there is no dearth of incident when women are paraded naked in many places in our country and, at times, also declared as witches they are left at the mercy of their fate and no one comes to their rescue women are mentally and sexually exploited and pushed in to flesh trade similarly, children when they are to enjoy their childhood, are made to work hours together and exploited they are made to work in restaurants, small hotels, dhabhas, small repair shops, carpet industries, glass industries, etc under unhygienic and hazardous conditions children are the future of the country and, therefore, putting them in such kind of situations is a blot on us of late, there are reported incidents of sexual exploitation of children which is very unfortunate for the country therefore, in order to give the women a respectable position in the society and save the childhood from the tyranny of the unscrupulous employers, it is high time that a law should be framed to protect them from atrocities by providing strict punishment to serve as deterrent for othershence this billvanga geetha financial memorandumclause 9 of the bill provides that the appropriate government shall provide relief and rehabilitation to the women and children who are victims of atrocities further, clause 10 of the bill provides that the central government shall provide requisite funds for the purposes of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty crores will be required for the purposenon-recurring expenditure to the tune of rupees one crore will also be required memorandum regarding delegated legislationclause 14 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to the matters of details onlythe delegation of legislative power is of normal character———— a billto prevent the commission of offences of atrocities against the women and children in thecountry, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith and incidental thereto————(shrimati vanga geetha, mp)mgipmrnd—6496rs(s-4)—16032006	Parliament_bills	bde5cdd8-a47f-50ac-a33b-a426d0eca2af
the constitution (twelfth amendment) bill, 1962(as introduced in lok sabra on 12th march, 1962) the constitution (twelfth amendment) bill, 1962 (as introduced in lok sabha) a billfurther to amend the constitution of india be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 (1) this act may be called the constitution (twelfth amend- short title: ment) act, 1962 ~!=;nt 5 (2) it shall be deemed to have come into force on the 20th day of december, 1961 z in the fin;t schedule to the constitution, under the heading :rmji:ti::t "the union territories", after entry 7, the following entry schedule to shall be inserted namely-the codsti-, - tutlon 10 "8 goa, daman and diu the territories which immediately before the twentieth day of december, 1961 were comprised in goa, daman and diu" 3 in article 240 of the constitution, in clause (1), after entry (c) amendj1lent is the following entry shall be inserted, namely: _ of article 240 "(d) goa, daman and diu" statement of objects and reasonson the acquisition of the territories of goa, daman and diu with effect from the 20th december, 1961, these territories have, by virtue of sub-cause (c) of clause (3) of article' 1 of the constitution, been comprised within the territory of india from that date and they are being administered as a union territory by the president through an administrator in accordance with article 239 of the constitution it is, however, considered desirable that goa, daman and diu should be specifically included as a union territory in the first schedule to the constitution it is also considered that clause (1) of article 240 should be suitably amended to confer power on the president to make regulations for the peace, progress bdd good government of goa, daman and diu, as has been done in the case of dadra and nagar haveli the constitution (twelfth amendment) bill, 1962 seeks to make the above mentioned provisions jawaharlal nehru financial memorandumon the acquisition of the territories of goa, daman and diu with et!ect from the 20th december, 1961, these territories have, by virtue of sub-clause (c) of clause (3) of article 1 of the constitution, been comprised within the territory of india from that date the bill amending the constitution provides for the inclusion of goa, daman and diu in the first schedule to the constitution under the heading "union territories" 2 as a result of the reunion of goa, daman and diu with india the receipts and expenditure of the areas in question have been amalgamated with the consolidated fund of india estimates for the years 1961-62 and 1962-63 have been prepared it is expected that an expenditure of rs 1:58 crores would be incurred during the period 20th december, 1961 to 31st march, 1962 and an expenditure of rs 5·28 crores would be incurred during the year 1962-63 receipts have been estimated at rs 1·39 crores for the period 20th december, 1961 to 31st march, 1982 and ri 5·01 crores for the year 1962-63 3 it has not been possible so far to ascertain the assets and liabilities left by the portuguese administration these are being worked out first schedule ii the union territoriesname extent i delhi the territory which immediately before the commencement of this constitution was comprised in the chief commissioner's province of delhi 2 himachal pradesh the territories which immediately before the commencement of this constitution were being administered as if they were chief commissioners' provinces under the names of himachal pradesh and bilaspur 3 manipur the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioner's province under the name of manipur 4 tripura the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioner's province under the name of tripura 5 the andaman and nico- the territory which immediately before the bar islands commencement of this constitution was comprised in the chief commissioner's province of the andaman and nicobar islands 6 the laccadive, _ minicay the territory specified in section 6 of the and amindivi islands states reorganisation act, 1956 7 dadea and nagar haveli the territory which immediately before the c1cventh day of august, 1961 was comprised in free dadra and nagar haveli 240 (1) the president may make regulations for the progress and good government of the union territory ofpeace, power of prc'ideot to make rcgulations for ccrtaid union territories «(i) the andaman and nicobar islands; (b) the laccadive, minicoy and amindivi lslands; (c) dadra and nagar haveli - - - - - a bill fw,thcr to amend the constitution of india (shri jarvaharlal nehru, minister ~f external affairs)	Parliament_bills	b264beb0-d4d6-510b-be8a-d9d8c4be4e09
the merchant shippi~'g (amend~ent) 'lnl~,l979 billfurther to amend the metchant shipping act, 1958 be it 'enacted by parliament in the thirtieth year of the republic of xndia as follows:-1 this act may be called the merchant shipping (amendment) short act, 1979 title ferred to as the principal act),-44 of 1958 s 2 in section 21 of the merchant shipping act, 1958 (hereinafter re-amendment of section 21 (i) in the opening portion, for the word "either", the word "any" shall be substituted; (ii) in clause (b) the word "or" shall be added at the end; 10 (iii) after clause (0), the following clause shall be inserted, namely:--"(c) a co-operative society which satisfies the following requirements, namely:-2 of 1912 is (i) the co-operative society is registered or deemed to be registered under the cooperative societies act, 1912, or any other law relating to co-operative societies for the time being in force in any state; (ii) every individual who is a member of the c~perative society and where any other cooperative society is a member thereof, every individual who is a member of such other cooperative society, is a citizen of india 3 in clause (e) of section 25 of the principal act, after the words "a company" the words "or a co-operative society" shall be inserted amendmento! eec:tion 211 amendmento! section 26 4 in section 26 of the principal act, after the words"a company" 5 at both the places where they occur, the words "or a co-operative society" shall be inserted 5 in section 29 of the principal act,-amendment of mdion 29 (i) in the opening ·portion, after the words "a company", the words "or a cooperative society" shall be inserted; 10 (ii) in clause (a), for the words, brackets, letter and figures "or in the case of a company, whether the company satisfies the requirements specified in clause (b) of section 21", the words, brackets, letters and figures "or in the case of a company or a cooperative society, whether the company or the co-operative society satisfies the require is ments specified in clause (b) or, as the case may be, clause (c) of section 21" shall be substituted; (iii) in clause (d), after the words "the company", the words "or the cooperative society" shall be inserted amendmentof ection45 ~ in sub-section (2) of section 45 of the principal act, for the words, 20 brackets, letter and figures "or any company which satisfies the require· ments specified in clause (b) of section 21", the words, brackets, letters and figures "or any company or any co-operative society which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21" shall be substituted 25 amend mentor etlon 441 7 in section 441 of the principal act, in clause (a) of the erpzanation, for the words' "company" includes a firm', the words, brackets, letter and figures - "company" includes a co-operative society, a firm' shall be substituted wk sabha co rri gel-mum to (10 be/as introduced in lok sabha) the l1ercha}j"'r shipping (~4mendivik'!t) bill, 1979 omit ", brackets, letter and figures" new delhi; 1 page 2, line'3 27 a'1d 28,-narch~-1~9'-179:&· :"_--_ phalguna 28: 1900 ( saka) statement of objects and reasonsthe provisions of the merchant shipping act, 1958, do not permit the acquisition of an indian ship by a co-operative society in the interests of co_operative movement, particularly in the backward areas, government feel that any legal impediment in the way of co-operative efforts should be removed this would also help co-operative societies, partieularly in remote areas far away from mainland, to establish a supply, marketing and distributing system without depending on any commercial shipping line the bill seeks to achieve the above object nv:w delhi; the 19th february 1979 chand ram (44 of 1958) - - - - indian ships 11 for the purposes of this act a ship shall not be deemed to be ~n indian ship unless owned wholly by persons to each of whom either ot the following descriptions applies:-(a) a citizen of india; or reeister book (b) a company which satisfies the following requirements, namely:-- - - - - (v) the managing agents, if any, of the company are citizens of india or in any case where a company is the managing agent, the company satisfies the rl'quirements specified in sub-clauses (i), (ii) , (iii) and (iv) - - - - 25 every registrar shall keep a book to be called the register book and entries in that book shall be made in accordance with the following provisions: -- - - - (e) a company may be registered as owner by its name application tor reiitry 26 an appucation for the registry of an indian ship shall be made-(4) in the case of an individual, by the person requiring to be registered as owner or by his agent; (b) in the case of more than one individual requirmg to be 80 registered, by some one or more of the persons so requiring or by his or their agent; and (c) in the case of a company requiring to be so registered, by its agent; and the authority of the agent sha:l be testified by writing, if appoionted by an individual, under the hand of the person appointing him and, if appointed by a company, under its common seal - - - - - declaration of ownerahipon registry 29 a person shall not be registered as the owner of an indian ship or of a share therein until he or, in the case of a company, the person authorised by this act to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars: -(a) a statement whether he is or is not a citizen of india; or in the case of a company, whethel' the company satisfies the requirements specifled in clause (b) of section 21; - - - (d) the number of shares in the ship in respect of which he or the company, as the case may be, claims to be registered as owner; and - 45 (1) otderfor sale where ship has ceased to be an indian ship (2) on receipt of such report, the central government may make an application to the h~gh court for a direction fo:- the sale to any citizen of india or any company which satisfies the requirements specified in clause (b) of section 21 of the property so transmitted - - offences by com_ panies 441 (1) if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due dili gence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where an oftence under this act has been committed by a company, and it is proved that the oftence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be gull ty of that oftence and shall be liable to be proceeded against and punished accordingly explanation~-for the purposes of this section,--(a) "company" includes a firm or other association of individuals; and (b) "director" in relation tq a firm means a partner in the finn - - - it billfurther to amend the merchant shipping act, 1958 (shri clumd ram, minister of state in charge of the mtnibtry of shipping and transport)	Parliament_bills	46220898-e8ce-57a4-826c-f00636ef84dc
bill no 79 of 2017 the prohibition of publication and dissemination of objectionable material on religion bill, 2017 by dr ramesh pokhriyal 'nishank', mp a billto prohibit the publication and dissemination of objectionable material on religion in any form in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the prohibition of publication and dissemination of objectionable material on religion act, 2017short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "agency" means the agency for prohibition of publication and dissemination of objectionable material on religion as established under section 4;\| ( \| b \| ) "complaint" means an objection registered with the agency by any indian \|\|----------------------------------------------------------------------------------------\|-----\|-------------------------------------------------------------------------------\|\| citizen or institution; \| \| \|\| 5 \| \| \|\| ( \| c \| ) "dissemination" means information communicated through recorded \|\| messages on telephones, radio, television, internet film-strip, movies or videos along \| \| \|\| with other means of communication; \| \| \|\| ( \| d \| ) "objectionable material" means any publication or dissemination of contents \|\| hurting the religious sentiments of any indian citizen; \| \| \|\| ( \| e \| ) "prescribed" means prescribed by rules made under this act; and \|\| 10 \| \| \|\| ( \| f \| ) "publication" means a book, article, picture, photograph, pamphlet, \|\| advertisement on poster, banner or any other printed document \| \| \|3 notwithstanding anything contained in any other law for time being in force, the publication and dissemination of objectionable material on any religion in the country is hereby prohibitedprohibition of publication and dissemination of objectionable material on religions154 (1) the central government shall, as soon as may be, by notification in the official gazette, establish an agency to be known as the agency for prohibition of publication and dissemination of objectionable material on religion for carrying out the purposes of this act(2) the central government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the agencyestablishment of an agency for prohibition of publication and dissemination of material on religion20(3) the salary and allowances payable to and other terms and conditions of service of the officers and staff employed in the agency shall be such as may prescribed(4) the headquarters of the agency shall be at such place, as may be prescribed 5 the agency shall—functions of the agency25(a) register complaints pertaining to the publication and advertisement ondissemination of objectionable material on religion received from concernedinstitutions and public, and their redressal;(b) investigate the complaints duly registered; (c) impose a prohibition on publication and dissemination thereof, on the basisof the outcome of investigation; and30(d) derecognise the respective publisher and advertising agency involved inpublication and dissemination of objectionable material on religionpenalty6 whoever contravenes the provisions of section 3 shall be punished withimprisonment for a term which shall not be less than two years but which may extend upto five years and with a fine which may extend upto one lakh rupees357 the central government shall, after due appropriation made by parliament by lawin this behalf, provide to the agency, such requisite funds, from time to time, as may benecessary, for carrying out the purposes of this actfunds to be provided by central government8 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect40power to make rules9 (1) the central government may, by notification in the official gazette make rules for carrying out the purposes of this act5(2) every rule made under his act shall be laid as soon as may be after it is madebefore each house of the state legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule statement of objects and reasonsin recent times, there has been a sudden rise in the cases of publication and dissemination of objectionable material on religion in the country certain mischievous elements try to hurt the religious sentiments of citizens of the country with support from certain publishers and advertising agencies in the name of right to freedom of expression enshrined in our constitution, they tend to threaten the integrity of the country such publication and dissemination of objectionable material on religion needs to be restricted in order to preserve the secular fabric of the countryhence this billnew delhi;ramesh pokhriyal 'nishank'march 31, 2017 financial memorandumclause 4 of the bill provides for the establishment of an agency for prohibition of publication and dissemination of objectionable material on religion and appointment of officers and employees in the agency clause 7 provides that central government shall provide the funds for carrying out the purposes of this act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one hundred crore is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of rupees six hundred crores is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto prohibit the publication and dissemination of objectionable material on religion in any form in the country and for matters connected therewith or incidental thereto————(dr ramesh pokhriyal 'nishank', mp)gmgipmrnd—524ls(s3)—27-06-2017	Parliament_bills	ad3b5a81-fb80-57fa-a8b3-a7e237734e55
bill no 32 of 2009 the destitute women and widows welfare bill, 2009 byshri jp agarwal, mpa bill to provide for the welfare of the destitute women and widows and for matters connected therewith be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the destitute women and widows welfare act, 2009short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "authority" means the destitute women and widows welfare authority established under section 3;(b) "destitute woman and widow" means any female citizen of india who is a widow or divorcee and has no independent source of income or livelihood to support herself, or is not being looked after by any family member; and(c) "prescribed" means prescribed by rules made under this act53 (1) the central government shall establish an authority, to be known as the destitute women and widows welfare authority in every district of the country(2) the composition of the authority and conditions of service of the members of the authority shall be such as may be prescribedestablishment of the destitute women and widows welfare authority4 the authority shall perform the following functions:—functions of the authority10(i) maintaining a register of destitute women and widows residing in that district;and(ii) formulating plans and schemes for the welfare of the destitute women and widows5 the central government shall provide to the destitute women or widows registered under section 4, the following facilities, namely:—15facilities to be provided to destitute women and widows(a) subsistence allowance of rupees two thousand per month and such other financial assistance as may be prescribed;(b) free health care facilities; (c) free housing facility, wherever necessary;20(d) free education including technical education to the dependent childrenof the destitute women and widows;(e) gainful employment; (f) vocational training;25(g) free travelling facilities by public transport and also concessions in private owned transport;(h) interest-free loans for the purpose of housing and self-employment;and(i) such other facilities as may be necessary for the all-round development and welfare of destitute women and widows30power to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsa large number of destitute women and widows in our country are leading a very miserable life they do not have any means for their own subsistence and for their dependent children they work as maids and perform various domestic chores such as cleaning utensils, washing clothes, dusting, etc for very small wages they can do such works only when they are physically fit but most widows are not so fortunate being old, physically weak or suffering from serious and chronic diseases, they are incapable of doing physical labour in many cases, they are also mentally challenged such helpless widows have no other option but to resort to begging in streets for their livelihood and many young widows are even forced into prostitution and they are compelled to choose it as a profession to avoid starvation a large number of widows are forced to leave their families after the death of their husbands and generally they move to other places leaving their family, in search of mental peace in many cases, such widows become victims of sexual exploitation at the hands of unscrupulous persons they are deprived of their rights by their in-laws and parents, and they have to manage their affairs themselves their condition gets worse when they are driven out of their home alongwith their children they have to take care of their children alongwith themselves the condition of the widows in rural areas is far worse they are not only ill-treated but are also considered ill-ominous they are forbidden from taking part in family functions being illiterate they are the worst victims of physical, mental and social exploitationour country is a welfare state and, therefore, it becomes the duty of the state to rehabilitate such hapless widows and to implement welfare schemes for this purpose but even after more than sixty years of our independence, a large number of destitute women and widows still remain deprived of government assistance most of them are without employment; suffer from malnutrition and various other ailments it should be the primary responsibility of the government to ensure that these widows live and grow in a healthy environment and are protected from all kinds of exploitation it is, therefore, necessary to enact a legislation for the welfare and protection of the destitute women and widowshence this billnew delhi;j p agarwaljune 17, 2009 financial memorandumclause 3 of the bill provides for the establishment of destitute women and widows welfare authority by the central government in every district of the country clause 4 provides that the destitute women and widows welfare authority shall formulate plans and prepare schemes for the welfare of the destitute women and widows and that they will also register the names of all destitute women and widows in their respective jurisdiction clause 5 provides that the central government shall provide to all the destitute women and the widows financial assistance of rupees two thousand every month, free medical care and such other facilities as are necessary for their proper development and welfare the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that it will incur a recurring expenditure of rupees fifty crore per annuma non-recurring expenditure to the tune of rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill gives power to the central government to make rules for carrying out the purposes of this bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character————abillto provide for the welfare of the destitute women and widows and for matters connected therewith————(shri jp agarwal, mp)gmgipmrnd—2363ls(s5)—010762009	Parliament_bills	e7f6d973-4b25-5b81-b8c4-f67ca9c2d364
bill no 239 of 2017 the population stabilization bill, 2017 byshri gajanan kirtikar, mp a billto provide for promotion of family planning measures by the central and the state governments for population stabilization in the country through various incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the population stabilization act, 2017short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "prescribed" means prescribed by rules made under this act; and(c) "small family" means family having one child5declaration3 it is hereby declared that the provisions of this act are for the purposes of giving effect to the policies of the state towards securing the principles laid down in article 38 of the constitution of india10formulation of comprehensive populationpolicy4 the central government shall, as soon as may be, by notification in the official gazette, formulate a comprehensive population policy particularly for the purposes of having one child norm for the eligible couples and other issues including economic, educational, legal, medical, social and other incidental aspect to promote small family norms so as to effectively control the booming population of the country in order to achieve rapid economic progress and raise the standard of living of the masses155 notwithstanding anything contained in any other law for the time being in force, the employee of the central government or of a public sector enterprise under the control of the central government who adopts small family norm by undergoing sterilization operation himself or of the spouse shall be given:—facilities to government employees who adopts small family norm(a) one year additional salary with all allowances along with two additionalincrements as incentives;20(b) plot or house site or built house from housing board or developmentauthority of the government at subsidized rates;(c) loan for construction or purchasing the house from banks or financialinstitutions on nominal rate of interest;(d) free healthcare facilities and insurance coverage to parents of single child;25(e) free healthcare facilities to single child till he attains the age of twenty-fiveyears;(f) preference to single child in admission in all educational institutionsincluding aiims, iit and iim(g) preference to single child in all government jobs; and30(h) such other benefits and incentives as may be prescribed6 the incentives and benefits referred to in section 5 shall be extended mutatis mutandis to the general public in the manner provided thereinextention of benefits to general public357 whoever in contravention of small family norm procreates more than one child, shall be ineligible to avail incentives and benefits provided in this act and in addition thereto shall,—(a) be denied the subsidies in matters of loans extended to him;loss of benefits whoever contravenes small family norm(b) not be eligible to get the benefits of public distribution system; (c) not be given any loan by any bank or financial institution; and (d) not be entitled for such other facilities as may be prescribed408 any woman having more than one living child shall be provided maternity leave but the emolument benefit of the maternity period shall stand withdrawn:provided that if, such woman agrees to undergo sterilization operation after the birth of her second child then she shall be provided with the requisite maternity facilities forthwithno maternity facilities to be given for those having more than one living childrenmiscellaneous provisions9 (1) notwithstanding anything contained in any of the election laws for the time being in force, a citizen shall be disqualified for being chosen as a member of either house of parliament or of the legislature of a state or of any body of the local self government, if such citizen has more than two living children:5provided that this provision shall not apply in case of a citizen having more than twoliving children on or before the date of commencement of this act(2) notwithstanding anything contained in any other law for the time being in force, no marriage shall be solemnized between a male who is less than twenty-five years of age and a female who is less than twenty-two years of age10(3) every serving government employee shall give an undertaking that he shall notprocreate more than one child:provided that this provision shall not apply to those government employees who have more than one living children on or before the date of commencement of this act10 the provision of this act shall not apply in case of birth of twinsact shall not apply on birth of twinspenalty1511 whoever contravenes,—(a) the provisions of sub-section (2) of section 9 shall be punishable with simple imprisonment for a term which shall not be less than two years but may extend to four years and also with a fine, which may extend to two lakh rupees20(b) the provisions of sub-section (3) of section 9 shall forfeit his right topromotion and shall not be eligible for any further increment till he is in government service12 the appropriate government shall,—duties of the government(a) implement the revised national population policy to achieve the goalsenumerated therein;25(b) set up maternity hospitals and centers in sufficient numbers at conspicuousplaces;(c) distribute contraceptive pills, condoms through healthcare centres andnon-governmental organisations;(d) organize sterilization camps from time to time;30(e) distribute iron and vitamin capsules and tablets amongst the expectingmothers;(f) give wide publicity to the benefits of having small families; and (g) undertake such other measures as it may deem fit and expedient for thepurposes of this act3513 the central government shall after due appropriation made by parliament bylaw in this behalf, provide requisite funds for carrying out the purposes of this act from time to timecentral government to provide fundspower to remove difficulty4014 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may make such order or give such direction, not inconsistent with the provisions of this act as may appears to it to be necessary or expedient for the removal of the difficulty:provided that no order shall be made under this section after the expiry of two yearsfrom the commencement of this actoverriding effect15 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forcesavings16 the provisions of this act shall be in addition to and not, save as otherwiseexpressly provided in this act, in derogation of any other law for the time being in forcepower to make rules17 (1) the central govenment may, by notification in the official gazette, make rulesfor carrying out the purposes of this act510(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsours is the second most populous country after china the booming population has already crossed the one billion benchmark and currently, it is around one hundred and twenty-five crores, which is increasing every moment having only 24 per cent of global land area, we have more than sixteen per cent of the global population making it the most densely populated nation of the world this scenario is compelling, at least half of the population is living in slums under squalid conditions unemployment is rising rapidly causing frustration amongst the unemployed, particularly the youth who are being lured by anti-national elements there is unparallel transformation of human values, social institutions and economic structures agriculture land holdings are becoming smaller and smaller the housing needs are far beyond the available finances and the shortage of housing is appalling educational facilities are becoming hopelessly poor overcrowding is also causing environmental degradation trees are being felled to meet the demand for fuel, construction, furniture and other purposes which is leading to shrink of forest cover the increased level of carbon-di-oxide in the environment is resulting in harmful diseases the healthcare facilities are far from satisfactory and if this trend continues, we can hardly expect to achieve improved quality of life and the situation will move from bad to worseit is, therefore, imperative that effective steps must be taken to check the booming population and this should be tackled at all levels a clear message must go across the nation that since our resources are limited, we have to opt for small families it is very unfortunate that despite availability of various birth control measures and several family planning programmes, the population continues to rise menacingly the bill seeks to promote small family norm among citizens through various incentives and disincentives in order to achieve population stabilisation in the countryhence this bill financial memorandumclause 5 of the bill provides certain benefits to government employees who adopt small family norm clause 6 provides for extension of benefits to general public who adopt small family norm clause 13 provides that the central government shall provide requisite funds from time to time for carrying out the purposes of the bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees ten crore will be involved out of the consolidated fund of indiano non-recurring expenditures is likely to be involved memorandum regarding delegated legislationclause 17 of the bill gives power to the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for promotion of family planning measures by the central and the stategovernments for population stabilization in the country through various incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental thereto(shri gajanan kirtikar, mp)gmgipmrnd—2649ls(s3)—18-12-2017	Parliament_bills	6e1171de-dd34-5931-9413-ad5675b8d935
bill no 138 of 2009 the compulsory registration of marriages bill, 2009 by shrimati supriya sule, mp a billto provide for the compulsory registration of all marriages solemnized in the country and for matters connected therewith or incidental thereto be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the compulsory registration of marriages act, 2009short title and extent(2) it extends to the whole of indiadefinition52 in this act, unless the context otherwise requires, "appropriate government" means in the case of a state, the government of that state, and in all other cases, the central governmentcompulsory registration of marriages3 notwithstanding anything contained in any other law for the time being in force, or in any custom or usage to the contrary, every marriage solemnized in the country shall be compulsorily registered within one month from the date of marriage104 the marriages shall be registered,—(i) in the office of gram panchayat in rural areas; andmarriage to be registered with designated authorities(ii) with the sub-registrar or tehsildar, or such municipal authority, as may beauthorized by the state government in this behalf, in the urban areas:provided that where there is no gram panchayat, the marriages shall be registered with the nearest sub-registrar or tehsildar or any other authority, which may be authorized by the appropriate government in this behalf5particulars to be entered in the marriage register5 (1) the particulars of the marriage to be entered in the marriage register to be maintained by the gram panchayat, sub-registrar or tehsildar or municipal authority, as the case may be, and the form and manner in which such particulars shall be entered, shall be such as may be prescribed(2) the appropriate government shall also prescribe the documents relating to solemnization of marriage to be furnished at the time of registration of marriage for record10(3) the designated officer or authority shall, if satisfied with the documents and details furnished by either party to the marriage for registration of marriage, issue a marriage certificate to such person6 any marriage which is not registered within thirty days of its solemnization shall not be treated as a valid marriage and shall be null and voidmarriage without registration to be null and void157 the provisions of the act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this actact not to be in derogation of other laws power to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act2025(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthere are a number of people who are married and are not registered with any government agency there have been reports that a large number of men desert women after solemnising the marriage thus, women are being unnecessarily harassed there are people who marry their daughters to the foreigners for monetary considerations, but such women are often deserted later on a number of such cases have come to the notice of the central and state governments a large number of foreigners come and marry in this country only to desert their wives laterthere are a number of states where child marriages are still taking place and there is no check on such marriages by the central government or the state governments these marriages are mostly unsuccessful many women organizations in the country have opposed such practice and have demanded that the government should check child marriagesas there is no such law making registration of marriages compulsory, it is necessary that the central government and the state governments should make a provision to register all the mariages that have taken place in their respective jurisdictions so, all marriages, in whatever form they are solemnized, should be compulsorily registered to save women from harassment even the supreme court has urged the central government and the state governments to enact such a lawhence this billnew delhi;supriya sulenovember 12, 2009 financial memorandumclause 5 of the bill provides that the designated officer or authority shall, if satisfied with the documents and details furnished by either party to the marriage for registration of marriage, issue a marriage certificate to such person while expenditure in respect of marriages registered with authority of the state governments will be borne by the respective state governments, the expenditure in relation to union territories in this regard shall be borne by the central government the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of rupees one hundred crore is likely to be involved for the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of this billas the rules will relate to the matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for the compulsory registration of all marriages solemnized in the country and for matters connected therewith or incidental thereto————(shrimati supriya sule, mp)	Parliament_bills	337d3f81-c769-580d-be82-3251a1d16f68
the appropriation (railways) no 3 bill, 1969a bill '0 au1jaoriae payment and appropriation of certain furthin' 1umb trom and out of the consolidated fund of india 10t the sennu of the :fi7l4aeial year 1969-70 for the p1'7'po,es of mihdall' short title be it enacted by par1iament in the twentieth year of the republic of india as follows:-1 this act may be called the appropriation (railways) no3 act, 1969 c; 2 from and aut of the consolidated fund of india there may be paid -' and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of thirteen thousand rupee!> towards defraying the several charges which will come in coul'ie of payment during the financial year 1969-70 in respect of the services relating i ( to railways specified in column 2 of thf' schedule iasueof rb13,000 outof the conmu-dated fund of india tor the ftdancial year 1989_"_ -\pproprialion 3 the sumli authorised 10 be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year - sums not exa:c:ding no of vou voted by parliament total 5 cbarpdon the consolidated rs ra 4,000 (0 rs 4,000 ---r~-----------------------i~' ________ ~-----fun--d----~--------i 2 miacellaneoua bxpeoditure and \ s woiting ~ maintenance 11,000 8,000 1,000 15 open line workll-capital, ii depreciation recrve fund and development fund - 1 1,000 is i i l---------~----------~---------s,ooo i t total , i 8,000 , statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabba for expenditure of tbe central government on rahways for the financial year 1969-70 ram subhag singh recommendation under article 117 of the constitu- tion of india[copy of letter no 69-b-4017/m, dated the 25th july 1969 from dr ram subhag singh, minister of railways to the secretary, lok sabha] the chief justice of india discharging the functions of the president having been informed of the subject matter of the proposed appropriation bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the supplementary grants made by the lok sabha for 1969-70, recommends, under clauses (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 thereof, the introduction in and consideration by the lok sabba of the appropriation allt a billto authorise payment and appropriation of cenain further sums fr(j1l and out of the consolidated fund of india for the 8ervice of the financial year 1969-70 fur the purposes of railways (dr ram subhag singh, minisl(1' of raufd4)is)	Parliament_bills	9278863d-c559-5baa-9751-d02cd586f558
lok sabhacopjuge~iduiv', tothe ill;::3:\i- nli'~;e/l;\jts' (deterfii\l':\tiot'j b'{ tri8un,\ls)bill 1983("[0 be/as ir~trod uced in lok~)p~gg 8, line 27,- bill, 1983 arrangement of clauses crapi'er i preliminary clauses1 short title, extent and, commencement 2 application 3 definitions and construction of re~rences 4 overriding effect of the act chapter ii establishment m' tribunals5 establishment of illegal jmigrants (determination) tribunals 6 filling of vaca~cies 7 staff of the tribunals 8 references' or applic~tions to tribunals 9 powers of the tribunal 10 procedure with respect to references under ~b-se~on (1) of section 8 11 procedure with respect to applications under sub-aeetion (2) of section 8 12 determination of the question n to whether a person is an ij1epl - migrant 13 reference and application to be disposed' of within six montbl 14 appeal 15 appellate tribunal 16 order of the appellate tribunal 17 revision chapter iii 'proydions apiuca-": to all'1'rdn7lfals clausis18 procedure 19 proceeding before every tribunal to be judicial proceeding tor certain purposes chapter iv20 expulsion of illegal ~igrants chapter v miscellanj!'dus21 delegation of powers 22 power to give effect to the orders, etc 23 bar of jurisdiction of civil courts 24 transitory provision 25 penalties 26 protection of action taken in good faith 27 power to remove diffteulties 28 power to make rules 29 repeal and saving billto provide for the establilhment of tribunals for the dcterminatibtt, in cl fair manner, of the question whethtr a person is 411 alegat 7r'&lgrant to ~able the central government to e~l illegal migrant, frmn, i nelia and for m4uers connected tlte1"e1ofth or ~l thereto ' wiiibm a sub&~tial nwnber of the fojeili& who mi-ted into ~ incua uos& the herders of the easter~ ami ~tem retjons of the country on and after the 25th day of march, 1971, have, by taldng mlvaa, of the eircumstanees et euch mipatioft ad their etjmjc 5 similarities and other connections with the people of india and wiglout having in their possession any lawful authority so to do, illegany remained in india; aim whuea$ the continuance of such foreigners in india is detrimental to the interests ot the public of india; 10 and whereas on account of the number ot sum foreigners and the· manner in which such foreigners have clandestinely heed trying to pass off as citizens of india and all other relevant circumstances, it is necessary for the protection of the citizens of india to make special provisions for the detection of such foreigners in assam and also in any other part of india in which such foreigners may be found to have remained illegally; bz it enacted by parliament in the thirty-fourth year of the republic of india as follows:- chapter i5 prp·tl\lj!fary1 (j) this act may be called the illegal migrants (determination by tribun~) act, 1983 (2) it extends to the whole of india (3) it ahall be dee~ed to have come into force in the state of aaam 10 on the 15th day of october, 1983 and in any other state on such date as the central government may; by notification in the otb9ia:l gazette, appoint and cwrerent datel may be appointed for di1!eteilt states and references in thia act to the commencement of this act shall' be construed in relation to any state as references to the date of commence- 15 ment of this act in such state 2 nothing in this act shall apply tq or in relation to-application (a) any person who was in any state and who had been ~xpelled from that state or india before the commencement of this act in that state or in relation to whose expulsion from such state 20 or india any order made before such commencement under any other law is in force; (b) any person detected as a foreigner at the time of his entry across any border of india; (c) any foreigner who, having entered into india under a valid 25 passport or travel document, continued to remain therein after the expiry of the period for which he was authorised to remain in lndia under such passport or travel document - 3 (j)' in this act, unless the context otherwise requires,-(g~ "appellate tribunal" means an appellate tribunal estab- 10 llshed by the central government under sub-seclion (j) of tecti0l115; 31 of 1&41 (b) "fo~igner'j hu the same meaning as in the foreigners act, 1946; (c) "illegal migrant" means a person in respect of whom each of the following conditions is satibfted, namely: -3,5 (i) he has entereci into india on or after the 2mh day of march, 1971; , (ii) he is a foreigner; (iii) he has entered into india without being in possession of a valid passport or other travel document or any other lawful fo 'authority in that behalf; (d) "notification" means a notification published in the oftlcial gazette; (e) "prescribed" means prescribed by rules made under this act; 5 (f) "tribunal" means a tribunal established by the central government under sub-section (1) of section 5 (2) any reference in this act to any law which is not in force in any area shall, in relation to that area, be colultrued as a reference to the corresponding law, if any; in force in that area overrld inle1!ect of the act 10 1 (1) the provisions of this act or of any rule or order made thereunder shall have effect notwithstandini anything contained in the 10 of 1950 immigrants (expulsion from assam) act, 1950 or any other enactment for the time being in force, or any rule or order made under any such enactment b:od in force for the time being 15 (2) in particular and without prejudice to the generality of the provisions of sub-section (1), nothing in the proviso to section 2 of the 10 of lho immigrants (expulsion from assam) act, 1950 shall apply to or in relation to an illegal migrant as defined in clause (c) of sub-section (1) of section 3 20 chapter ii establishment of tribunals5 (1) the central government may, by notification, establish, fo~ the purposes of this act, as many illegal migrants (determination) tribunals as it may deem necessary and specify the principal place o~ 25 sitting of, and the territorial limits within which, each such tribunal shall exercise its jurisdiction establishment of illegal migrants (determi nation) tribunais (2)· no person shall be appointed as a member of any such tribunal unless he is or has been a district judge or an additional district judge in any state 30 (3) each tribunal shall consist of three members (4) on the establishment of a tribunal, the central government shall appoint one of the members thereof as the chairman of such tribunal (5) each tribunal shall sit in its principal place of sitting and in such other place or places as its chairman may, from time to time, appoint fillin,ot vacancies 35 6 if, for any reason, any vacancy occurs in the office of the chairman or any other member of a tribunal, the central government may fill the vacancy by appointing any person who fulfils the qualifications specified in sub-section (2) of section 5, as the chairman, or, as the case may be, member of such tribunal 40 7 the central government shall make available to ~very tribunal staff of such staft as may be necessary for the discharge of its functions under the 'l'ribu this act nals referenetiii or appueationa to tribudals 8 (l) it any question arises as to whether any person i8 or is noi ali illegal migrant, the central government may, whether such question has arisen on a representation made by such person atains't any order under the foreigners act, 1946 requiring him not to remain in idcifa or 31 of ih6 to any other effect or has arisen in any other manner whatsoever, refer 5 such question to a tribunal for decision (2) wiuiout prejudice to the power conferred on tne central government by sub-section (1), any person may make an ipplicaticm: to the ti:lb1ld8l, for its decision, as to wbetber the perlon whole name and other particulars are given in the application, is or is not an ttt •• 1 10 migrant:· provided that no such application shall be entertained by the tribunal unless the person in relation to whom the application is made is found, or resides, at a place within three kilometres from the~ place of residence of the applicant 15 (3) every application made under sub-section (2) shall be made in such form and in such manner as may be prescribed and shall be accompanied by affidavits sworn by not less than two persons residing within three kilometres of the area in which the person referred to in the application is fo'luld, ,or residing, corroborating the averments made 20 in the application, and shall also be accompanied by such fee, being not less than twenty-five, and not more than one hundred, rupees, as may he prescribed (4) every reference under sub-section (1), and every application under suh-section (2), shall be made to the tribunal within ole terri- ~ 5 torial limits of whose jurisdiction ·the place of residence of the pe1'ioil named in such reference or application, a~ the case may be is situated; provided that where the person named in such reference or application has no place of 11:!" teuc , the reference or application, as the case may be, shall be made to the tribunal within the territorial lir;nita of 30 whose jurisdiction sucil person is found 5 of 1008 powers of thetrlbaaal 9 every trib·llnal w - ili __ ole the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respe!ct of the follo\ • ug matters, namely:-(a) summoning and enforcing the attendance of witnesses and 35 examining them on oath; (b) discovery and productio~ of any document; (c) reception of evidence on affidavits; (d) requisitioning of public records from any court or office; (e) issuing of any commission for the ex8mination of witaeas 40 ]8 on receipt of a reference under sub-section (1) of section 8, the trtbuaal shall serve on the person named in such reference, a notice, accompanied by a copy of such reference, calling 'upon him to make, within a period of thirty days !rom the date of receipt of such notice, procedure with res_ pect to references undefsub- (jt "1 netimlb u~h repreentation with regard to the averments made in the refe~~t 45 and to produce such evidence as he may think fit in support 01 htl defence: provided that if the tribunal is satisfied that the person aforesaid prevented by sufticient cause from making his representation and from producing evidence in support of his defence within the ·said period of thirty days, it may permit him to make his representation and to 5 produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify 11 (1) on receipt of an application, under sub-section (2) of section 8, the tribunal :shall issue a notice, accompanied by a copy of the application, to the prescribed authority calling upon it to furnish, after to making such inquiry as that authority may deem fit, a report to the tribunal with regard to the 8,'crments made in the application (~) if, on a consideration of the report made by the preacribed authority, the tribunal is satisfied thatp~ with fti· piiltto appllcatlans under subtee\ion (2) of aecuonl (a) the person named in the application is not an illegal migrant 15 or that the application is frivolous or vexatious, or has not been ·made in good faith, the tribunal shall, after giviri"g- the applicant an opportunity to be heard, reject the application; (b) there are reasonable grounds to believe that the person named in the· application is an illegal migrant, the tril:runal ihall ~o issue a notice accompanied by a copy qf the application, to the penon named in the application, calling upon him to make, within thirty days from the date of receipt of the notice, such representation with regard to the averments made in the application and to produce such evidence as he may think fit in support of his defence: lie; provided that if the tribunal is satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from· producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such so further period, not exceeding thirty days, as it may,·by order, spectfy determination of the quei-tionaato whether a penon is an i11eial mlarant ~ (1) the tribunal to which a reference has been made under section 8, or to which an application has been ~de under that section, shall, after taking such evidence as may be addut:ed before it and after making such inquiry as it may think fit and after hearing such persons as it may 35 deem appropriate, by order, decide the question as to whethetl the pe1'8od named in such reference or application, as the case may be, is or is not an i11egal migrant: provided that where for the determination of such question in any case the decision on any i~ue renders any decision on any other issue 40 or issues unnecessary, the tribunal may not decide such other issue or issues (2) where the members of the trib'unal differ in their opinion o~ any point, the decision on such point shall be according to the opinion of the majority of such members r: (3) the tribunal shall send a copy of every order passed by it to 4) the ·ptescribed authority and to the parties to the rpference, or the application, as the case may be (4) evel'y order passed under sub-section (1) shall, subject to the ,'decision of the appellate tribunal, be final and shall not he called in question in any court 13 :t:very reference made to a tribunal under section 8 or application made to a tribunal under that section shall' be inquired into as expediti- 5 ously as possible and every endeavo'ilr shall be made to conclude such inquiry within a period of six months from the date of the service, on the person concerned, of a copy of such reference or application refereneo and application to be disposed of within 'six months appeal 14 the central government, or any person, named in a reference or an applica~ion under section 8, or any applicant under sub-section (2) j 0 of that section may, if it or he is not satisfted with any order made by a tribunal under section 12, prefer an appeal to the appellate tribunal against such order ~ppellate tribunal 15 (1) the central government may, by notification, estabush for eaeh state in which this act is in -force an appellate tribunal to be 15 known as the illegal migrants (determination) appellate tribunal for deciding appeals preferred under section 14 against, orders made by tri· bunals in the state and specify the prindpal place of sitting of such appellate tribulull (2) no per~on shall be appointed as a memberof an appellate trf· :10 , bunal unless he is or has been a judg-e of a high court (1) an appellate tribunal shall consist of as many members, not being less than three and more than six, as the central government may think fit (4) the central government shall appoint one of the members of gs an appellate tribunal to be the president thereof (5) an appellate tribunal shall sit in its principal place of litting or· any such other place or places as the president thereof may, from time to time, appoint (6) the powet's and functions of an appellate tribunal jn8y h 30 exercised and discharged by benches constituted by uie president ~ereof from amongst the members thereof and each bench shall consist of not les, than two members (7) the central government shall make available to every appeuate tribudal su~h staff as may be necels8ry for tbe discharge of it, function 35 under this act (8) every memorandum of appeal to an appellate tribunal shall be made in such form and in such manner as may be prescribed, and, in the case of an appeal preferred by an applicant under' 8ub-sectton (2) of section 8,' shall also be accompanied by such fee, not bemg 1888 thad 40 twenty~ve and more than one hundred, rupees, as may be prescribed (9) every appeal shall be preferred within thirty days from the elate on which the order sought to be ap~aled against was communicated to the appellant: provided that the appellate tribunal may, if it is satisfied that the 5 appellant was prevented by sufficient cause from preferring the appeal within the said period, admit an appeal after the expiry of the aforesaid period of thirty days lof1801 (10) every appellate tribunal shall have the same powers as are vested in a civil court under the code of civil procedure 1908 while 10 trying a s'uit, in respect of the following matters, namely: ~ , (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any document; (c) reception of evidence on aftldavits; 15 (d) requisitioning of public records from any court or office; (e) issuing of any commission for the examination of witnesses order of the appel· late tribunal 16 (1) the appellate tribunal may, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it may think fit, confirming, modifying or annulling the order appealed ao against or may remand the case to the tribunal which had passed such order with such directions to that tribunal as the appellate tribunal may think fit, for fresh determination after takinj additional evi~ence, if necessary (2) where an appeal had been heard by the appellate tribwlal and 125 the members thereof differ in their opinion on any point, the decision on such point shall, where there is a majority, be according to the opinion of such majority, and where there is no majority and the"members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they durer in their 80' opinion and make a reference of the point or points or of the appeal, as the case may be, to the president of s,:,ch tribunal, and on receipt of such reference the president of the tribunal shall arrange for the hearing of such point or points, or the appeal, by one or more of the members of the appellate tribunal, and such point or points, or the appeal, as 85 the case may be, shall be decided according to the opinion of the majority of, the members of the appellate tribunal, who have heard the appeal, including those who had first heard it (3) the appellate tribunal shall send a copy of every order passed by it under sub-section (1) to the parties to the appeal"'ana to the tri-40 bunsl concerned (4) 9ubject to the provisions of section 17, e'very order passed under lub-section (1), other than an order remanding the case, shall be ftnal and no order passed under that sub-section shall· be called in question in any court 17 the high court may call for the record of any case which has been decided by the ·appellate tribunal situate wit1iin"'tts meal jurisdiction, and if such appellate tribunal appears-(0) to have exercised a jurisdiction not vested in it bylaw, or (b) to have failed to exercise a jurisdiction 80 vested, or 5 (c) to have acted in the exercise of its jurisdiction illegally or \li,ith material irregularity, the high court may make wch order in the case as it thinks fit: provided that the high court shall not, under this section, vary or reverse any order made or any order dec:iding an issue in the coune of 10 a proceeding with respect to an appeal, except where-(i) the order, if it had been made in favour of the party pplying for revision, would have finally disposed of the proceeding, or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party agarnst whom it was 15 made explanation-in this section, the expression "any case which has been decided" ·includes any order made or any order deciding an issue in the course of a proceeding with respect to any appe&1 chapter iii provisions applicable to all tribunalsprocedure 18 subject to the provisions of this act and the rules made thereunder, every tribunal and every appellate tribunal shall have the power to regulate its own procedure in all matters arising oul of the exercise of its powers or for the discharge of its tunctions 25 ii every proceeding before a tribunal or the appellate tribunal shall be deemed to be judicial proceeding within the meaning of secticms 193 and 228 and for the purposes of section 196 of the indian penal code; -s of 1880 and every such tribunal or appel~ate tribunal, as the case maybe, shall be deemed to be a civil court for the purposes of section 195 and chapter so xxvi of the code of criminal procedure, 1973 s of 18'14 proceedin before every tnljunal to be ,udicial proceedinl for certain purpoaes chapter iv enj'o~ent of the orders made by the 'l'ribunaibexpulsion of illepl mlgranta 20 where a person has been determined by a tribunal, or, u the case may be, by the appellate tribunal, to be an illegal migrant, the 35 central government shall, by order served on such person, direct such person to remove himself from india within such time and by tueb route as may be specified in the order and may give such further dfreettcms in regard to hi's removal from india as it may consider ·neeessary or 40 t>xpedient chapter v miscellaneousdele,a tioil of powers 21 the central government may, by notification, direct that the powers and duties conferred or imposed on it by this act, other than 5 th~ powers conferred by section 28, and the powers conferred by this section, may, subject to such conditions as may be specified in the notification, be exercised or discharged also by-(a) any officer subordinate to the central government; (b) any state government or any officer subordinate to that 10 government 22 any authority empowered by or in pursuance of the provisions of this act to exercise any po~r, may, in addition to any other action expressly provided for in this act, take, or cause to be taken, such steps, and use, or cause to be used, such force, as may in its opinion be reasod-15 ably necessary for the effective exercise of such power power to give effect to the orden, etc bar of ,urisdictiol of civu courll 23 where a tribunal or appellate tribunal has been established for any area for the purpose of determining whether a person is or is not f an illegal migrant, no civil court shall have jurisdiction to entertain any question relating to that matter in that area and no injunction or any flo other order in respect of any action taken by, or before, the tribunal or appellate tribunal in respect of that matter shall be granted or made by any civil court transitory provision z4 where in any suit or other legal proceeding pending, whether in a civil court or in any tribuna1 established under any other law for the fl5 time being in force immediately before the commencement of this act, a question arises as to whether a person is or is not an illegal migrant, !luch court or trihunal shall without deciding such question make an order transferring such suit or other legal proceeding f'o -me tribunal under this act within the territorial limits of whose jurisdiction sueh 30 court or other tribunal is situate and on such transfer such question shad be dealt with by such tribunal in accordance with the provisions of this act penal" 25 any person who,- (a) contravenes or attempts to contravene or abets the contra veption of, any order m~de under !;lection 20; or (b) fails to comply with any direction given by any su('h order; or (c) harbours any person who has contravened any order made under section 20 or has failer! to comply with any direction given by 40 any such order, shall be punishable with imprisonment for a term which may extend to three years and, shall also· be liable to fine 26 no suit, prosecution or other legal proceedinl shall lie agaidit any person for anything which is in good faith done or intended to be doae under this act power to remove dulkulu 27 (1) 1£ any difficulty arises in giving effect ~ the provisionj of this act the central government may, by order to be published in the 5 official gazette, make such provisions, not inconsistent with the provi sions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act 10 (2) every order made under uu section shall, as soon as mayj be after it is made, be laid before each house of parliament 28 (1) the central ~mment may, by notification, make rules to carry out the provisions of this act power to make rul • (2) in particular and without prejudice to the generality of the fore- 15 going powers, such rules may provide for all or any of the following matters, namely:-(a) the form and the manner in which an application may be made and the fee which shall accompany such application, as required by sub-section (3) of section 8; 110 (b) the authority to be prescribed under section 11; (c) the form and the manner in which an appeal to the appellate tribunal may be preferred and the fee which shall accompany such appeal, as required by sub-section (8) of section 15; (d) any other matter which is required to be, or may be, pre&- ~5 cribed (3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and 30 if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modificatioli in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modi- 35 flc~tjon or annulment shall ~ without prejudice to the validity of any- thing previously done under that rule 29 (1) the illegal migrants (determination by tribunals) ordinance, 1983, a hereby repealed ~ and - avijll(2) notwithstanding such repeal, bdything done or any aet:jon taken 40 under tbe said ordinance shall be deemed to have been done or tabd under the corresponding provisions of this act the influx of foreigners who illegally migrated into india aeross the borders of the sensitive eastern and north-eastern regions of the country and remained in the country poses a threat to the integrity and security of the said region's a substantial number of such foreigners who migrated into india after the 25th day of march, 19'tl, have, by taking advantage of the circumstances of such migration and their ethnic limilarities and other connections with the people of india, illegally remained in india without having in their possevsion lawful authority 80 to do the continuance of these persons in india has given rise to serious problems the clandestine manner in which these persons have been trying to pass off as citizens of india has rendered their detection difficult after taking into account the need for their speedy detection, the need for protection of genuine citizens of india and the interests of the general public, the president promulgated, on the imh oc";ober, 1983, the megal migrants (determination by tribunals) ordinance, 1983, to provide for the establishment of tribunals 2 the ordinance provided for the establishment of tribunals for the determination, in a fair manner, of the· question whether a person 1 an illegal migrant the definition of "illegal migrant'\ as provided in the urdlnance, recognised the 25th march, 1971, as the cut off date the ordinance also empowered the central government to make a refer-- ence to the tribunal and also enabled private citizens to make applications to the tribunal for determining the question whethe~ any person is an illegal migrant as deflned in the ordinance the ordinance also made suitable provisions for appeal, barring the j'lllisdiction of civil courts and expulsion of persons found to be illegal migrants 3 the bill seeks to replace the ordinance new d!:lm; p c sethi the 9th novembef', 1983 president's recommendation under article ] 17 ·of the constitution of india[copy of letter no lloi2/129/83-ne iv, dated the 12th november, j 983 from shrl p c sethi, minister of home affairs to the secretary, lok sabha] the president, having been infonned of the subject matter of th~ megal migrants (determination by tribunals) bill, 1983 recommends th, consideration of the :rill in !ok sabha under nrticle 117 (3) nf the constitution of india n ' sub-clause (1) of clause & of the bill provides tor the establishment of illegal migrants (determination) tribunals by the central government for the purpose of determining the question as to whether a person is an illegal migrant clause 7 provides for the appointment of staff of the tribunals sub-clause (1) of clause 15 provides tor the establishment of illegal migrants (determination) appellate tribunal by the central government for the purpose of deciding appeals preferred against orders made by the tribunals in the state sub:-clause (7) of that clause provides for the appointment of staff ot the appellate tribunal the above provisions, if enacted, would involve expenditure from the consolidated fund of india on the following itemsr namely:-(a) recurring' expenditure on salaries and allowanees of the members of the tribunals and the supp'orting staff and expensee on account of petrol, oil and lubricant for the conveyance travelling allowances, i1mt for omee and residential accommodation each 'l'rl~ bunal shall have three members all the members of the tribunal shall be either serving or retired district judges or additional district judges; - (b) non-recurring expenditure on account of furniture, oftlce' equipment and a car for each tribunal; (c) recurring expenditure on salaries and allowances of the members of the appellate tribunal and the supporting statt the appellate tribunal will have not less than three and more than six members, who shall be either serving or retired high court judges; (d) non-recurring expenditure on account of furniture offtce' equipment and ccnveyance of the appellate tribunal 2 (i) the approximate recurring expenditure for setting up one tribunal is estimated to be rs 303,120 per annum this includes expenditure on salaries of the members of the tribunal statt 'for the tribunal, office expenses, petrol, oil and lubricants, travelling allowanees rent for office and residential accommodation (ii) the approximate non-recurring expenditure for one tribunal is estimated to be rs 120,900 per annum this includes expenditure on furniture 'typewriter and car, as the establishment of twenty tribunals in the state of assam has been notified, the expenditure on tri-bunals will be as follows:-returring non-r~urrtng bs 60,62,400 rs 2418,000 3 as the bill seeks to provide that an appellate tribunal shall consist of a minimum of three members, recurring expenditure on account of salaries of the three members (including one chairman) of the appellate tribunal, salaries of staff for the appellate tribunal, oftice expenses, petrol, oil and lubricants, travelling allowances, rent for office and residential accommodation, is estimated to be rs 3,61,320 per annum non-recurring expenditure on account of furniture,'oftlce equipments and conveyances for the appellate tribunal is estimated to be rs 1,40,900 pen" annum on the assumption that one appellate tribunal would be set up for the state of assam, the expenditure on appellate tribunal will be asfoliows:-recurring non-recurring rs 3,61,320 per annum rs '1,40,900 per annum 4 the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure ' clause 28 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legislation the matters in respect of which such rules may be made are speclbed in that clause they, inter alia, relate to the form and the manner in which an application may be made and the fee which shall accompany such application, the authority to be prescribed under clause 11 and the fonn and the manner in which an appeal to the appellate tribunal may be preferred and the fee which shall accompany such appeal the matters with respect to which rules may be made are matters of procedure or detail 2 the delegation of legislative power is, therefore, of a nonnal character in clause 13 a modification has been provided tliaflhe period of six months within which a reference made to the tribunal shall be disposed of shall be ccmputed from the date on which a copy of the said reference is served on the person concerned for securing conformity with clause 10 of the bill which provides for serving of the copy of tlie reference itself 2 sub-claust: (1) of clause 27 has been modified to include· a time limit beyond which it shall not be permissible to make any order for removing any difftc"ulty , , rr - billto provide for the establi8hment of tribunu for the determination in a fair manner of the question whether a penon ia an ille_ migrant to enable the central government to expel illegal migrants from india and for matters connected therewith or incidental thereto (shri p c sethi, mini,ter of home again)	Parliament_bills	965f56cd-d0e6-5d58-95ef-20e706642246
the appropriation (no4) bill, 1960(as introduced in loit sabha on 30th august, 1960) the appropriation (no4) bill, 1960 (as introduced in lok sabha)a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the fina1tcia1 year 1960-61 be it enacted by parliament in the eleventh year of the republic of india as follows:-1 this act may be called the appropriation (no4) act, 1980 sholt title z from and out of the consolidated fund of india there may be issue flf rs s paid and epplied sums not exceeding those specified in column 3 of 18,ii'r20,oooh out 0 t e the &hedule amountmg m the aggregate to the sum of eighteen consolidated crores, eleven lakhs and twenty thousand rupees towards defraying r~~ rg~ the several charges which will come in course of payment during the the year financial year 1960-61, in respect of the services specified in column % 1960-61 10 of the schedule 3 the sums authorised to be paid and applied from and out ef a ~~~ the consolidated fund of india by this act shall be appropriated for lion the services and purposes expressed in the schedule in relation to the said year the schedule2 3 ---,--------__----,-------------_ i \| sums \| not \| exceeding \|\|-----------------------\|-----------------------\|--------------\|\| services and purposes \| \| \|\| 5 \| \| \|\| no \| \| \|\| of \| \| \|\| vote \| \| \|\| voted by \| \| \|\| par- \| charged \| \|\| on \| \| \|\| nament \| \| \|\| the consolida- \| total \| \|\| ted \| \| \|\| fund \| \| \|\| , \| \| \|\| " \| \| \|\| \| \| \|\| \| \| \|\| ,,- \| \| \|\| ~ \| \| \|\| \| \| \|\| \| \| \|\| 10 \| \| \|\| defeftc:e \| servk:b-o-e1iec'live- \| \|\| navy \| \| \|\| \| \| \|\| ri \| \| \|\| rs \| \| \|\| ri \| \| \|\| , \| \| \|\| , \| \| \|\| ,,000 \| \| \|\| 7,000 \| \| \|\| 10 \| \| \|\| miscellaneous \| deplitments \| and \|\| other \| expenditure under the \| \|\| ministry \| \| \|\| of \| irription \| and \|\| power \| \| \|\| 1000 \| \| \|\| 1,000 \| \| \|\| 1 \| \| \|\| 5 \| \| \|\| 70a \| \| \|\| mi$cellaneous \| exl'enditufe \| \|\| udderthc!~istfy \| \| \|\| dflaw \| \| \|\| '7;27,-000 \| \| \|\| \| \| \|\| "7,17,000 \| \| \|\| ministry \| of \| transport \|\| communication' \| \| \|\| 7,50,000 \| \| \|\| 7,5 \| \| \|\| 0 \| \| \|\| ,000 \| \| \|\| 20 \| \| \|\| il2 \| \| \|\| capital outlay on \| currency \| \|\| and \| coinage \| \|\| 4041,93,000 \| \| \|\| 'wji9~ \| \| \|\| u,ooo \| \| \|\| 12,000 \| \| \|\| 120 \| \| \|\| otber \| \| \|\| ·capjtal \| \| \|\| outlay \| \| \|\| of \| \| \|\| !lie \| \| \|\| ministry \| \| \|\| of \| \| \|\| food \| and \| agri- \|\| culture \| \| \|\| 'i27capitaj \| \| \|\| '01jtjayof·the \| \| \|\| ·miftietry \| \| \|\| of \| rehabilitation \| - \|\| 4,29000 \| \| \|\| 4,2'9,000 \| \| \|\| 2 \| \| \|\| 5 \| \| \|\| i~ \| ·ca-u~day \| \|\| of \| \| \|\| the \| \| \|\| m,inistty \| \| \|\| , ,,(steel, \| mines \| and \|\| 1,000 \| \| \|\| :1;000 \| \| \|\| 13sq,qq,000 \| \| \|\| 1),50,00,000 \| \| \|\| ~, \| \| \|\| ,c9it41 \| \| \|\| outl,q \| \| \|\| po \| \| \|\| roads \| \| \|\| total \| \| \|\| i \| \| \|\| ~,06, \| \| \|\| 72 \| \| \|\| j \| \| \|\| ooo \| \| \|\| 448,000 \| \| \|\| 1~,il,20,ooo \| \| \| statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read witli article 115 thereof, to provide far the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways for the financial year 1960-61 morarji desai new delhi; the 29th august, 1980 lok sabhabill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1960-61 the president has, in pur:,uance of clauses (i) and (3) of article 117 of the constitution of india, rea a with dause (2) of article 115 thereof, recommended to lok sabha the introduction ana consideration of the bill m n kaul, secretary (shri mor4rji deji, minister , 1',"nc6)	Parliament_bills	f5a62253-ad20-5e16-ab04-9c2eb9b810b7
bill no 9 of 2019 the prohibition of child marriage (amendment) bill, 2019 by shri kunwar pushpendra singh chandel, mp a billto amend the prohibition of child marriage act, 2006be it enacted by parliament in the seventieth year of the republic of india as follows:—6 of 2007amendment of section 112 in section 11 of the prohibition of child marriage act, 2006, in sub-section (1), for the words "two years and shall also be liable to fine which may extend up to one lakh rupees", the words "ten years and shall also be liable to fine which may extend up to twenty-five lakh rupees" shall be substituted statement of objects and reasonsin india, women and girl child are revered since ancient times they are also worshiped as goddess marriage in india is one of the sixteen sanskaras however, child marriage is a social evil, therefore, urgently needed to be checked even during freedom struggle, the eminent personalities of our country raised their voice against child marriage and it is because of their noble deeds that various governments took measures to check it by formulating laws after independence but there is further need to take stringent measures to check the child marriage taking place at present so that any sort of exploitation against girl child is stopped forthwith with the help of this bill, a tough message will be given to those who promote child marriage this will eventually help prohibit child marriages more effectivelyhence this billnew delhi;kunwar pushpendra singh chandeljanuary 18, 2019 annexure extract from the prohibition of child marriage act, 2006(no 6 of 2007) punishment for promoting or permitting solemnisation of child marriages11 (1) where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees:provided that no woman shall be punishable with imprisonment ———— a billto amend the prohibition of child marriage act, 2006————(shri kunwar pushpendra singh chandel, mp)mgipmrnd—3297ls(s3)—28-01-2019	Parliament_bills	6eff9156-7701-5b32-baa8-ea7dba8d516c
the dam safety bill, 2018—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent and commencement2application3definitions chapter ii national committee on dam safety4constitution of national committee5functions of national committee6meetings of national committee chapter iii national dam safety authority7establishment of national dam safety authority8functions of national dam safety authority9officers and employees of authority chapter iv state committee on dam safety10constitution of state committee on dam safety11functions of state committee12meetings of state committee chapter v state dam safety organisation13establishment of state dam safety organisation14officers and employees of state dam safety organisation chapter vi duties and functions in relation to dam safety15surveillance and inspection16vulnerability and hazard classification of dams17maintenance of log books clauses18records of dam failures and dam incidents19instructions on safety of specified dams20funds for maintenance and repairs21technical documentation22qualifications and experience of individuals responsible for safety of specifieddams23jurisdiction of state dam safety organisation and authority24cost of investigation25construction or alteration of dams26initial filling of reservoirs27operation and maintenance28responsibility of owner of specified dam chapter vii safety, inspection and data collection29dam safety unit30inspection31instrumentations to be installed in every specified dam32establishment of hydro-meteorological station33installations of seismological station chapter viii emergency action plan and disaster management34obligation of owner of specified dam35emergency action plan36assistance to other disaster management authorities chapter ix comprehensive dam safety evaluation37comprehensive dam safety evaluation38compulsory evaluation in certain cases39reports of comprehensive evaluation chapter x offences and penalties40punishment for obstruction, etc41offences by departments of government42offence by companies43cognizance of offences chapter xi miscellaneous clauses44annual report of safety status of specified dams45safety measures in respect of dams other than specified dams46safety measures in respect of dams located outside territory of india47act to have overriding effect48power to amend schedules49power of central government to give directions50vacancies, etc, not to invalidate proceedings of national committee on dam safety, authority and state committee on dam safety51power of central government to make rules52power of state government to make rules53power to make regulations by authority54rules to be laid before parliament and state legislatures55power to remove difficultiesthe first schedule the second schedule the third schedule bill no 149 of 2018 the dam safety bill, 2018 a billto provide for surveillance, inspection, operation and maintenance of specified dams for prevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the dam safety act, 20185(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointapplication2 save as provided under this act, this act applies to the owner of every specified dam,—10(a) being a public sector undertaking or institution or a body owned or controlledby the central government or a state government or jointly by one or more governments, as the case may be; and15(b) being an undertaking or company or institution or a body other than thoseowned or controlled by the state government or the central government, as the case may bedefinitions3 in this act, unless the context otherwise requires,—(a) "alteration of dam" means alterations or repairs as may directly affect the safety of the dam or reservoir;5(b) "annual report" means a report giving the activities of the authority and the state dam safety organisation and the safety status of the specified dams falling under their jurisdiction during each financial year;(c) "appurtenant structure" means the structure being—(i) spillways, either in the dam or separate therefrom; (ii) low level outlet structure and water conduits such as tunnels, pipelines or penstocks, either through the dam or its abutments or reservoir rim;10(iii) hydro-mechanical equipment including gate, valve, hoist, elevators; (iv) energy dissipation and river training structure; and(v) other associated structures acting integrally with the dam or its reservoir or reservoir rim;15 (d) "authority" means the national dam safety authority established under section 7;(e) "dam" means any artificial barrier and its appurtenant structure constructed across rivers or tributaries thereof with a view to impound or divert water which also include barrage, weir and similar water impounding structures but does not include—20(a) canal, aquaduct, navigation channel and similar water conveyance structures;(b) flood embankment, dike, guide bund and similar flow regulation structures;25(f) "dam failure" means any failure of the structure or operation of a dam which leads to uncontrolled flow of impounded water resulting in downstream flooding, affecting the life and property of the people and the environment including flora, fauna and riverine ecologyexplanation—for the purposes of this clause, failure in the operation shall mean such faulty operations of the dam which are inconsistent with the operation and maintenance manual;30(g) "dam incident" means all such problems occurring to a dam that have not degraded into failure, and includes—(i) any structural damage to the dam and the appurtenant structure;(ii) any unusual reading of any instrument in the dam;35(iii) any unusual seepage or leakage through the dam body; (iv) any unusual change in the seepage or leakage regime; (v) any boiling or artesian condition noticed below the dam; (vi) any sudden stoppage or unusual reduction in seepage or leakage fromthe foundation or body of the dam or any of its galleries;(vii) any malfunction or inappropriate operation of gates;40(viii) occurrence of flood, the peak of which exceeds the available flooddischarge capacity of the dam or seventy per cent of the approved design flood;(ix) occurrence of flood, which resulted in encroachment on the availablefreeboard, or the approved design freeboard;(x) any unusual erosion in the near vicinity up to five hundred metresdownstream of the spillway or waste-weir; and5(xi) any other occurrence which a prudent dam engineer may relate to damsafety concerns; (h) "dam safety unit" means a dam safety unit of any specified dam referred to insection 29;10(i) "distress condition" means the occurrence or potential development of suchconditions in the dam or appurtenance or its reservoir or reservoir rim, which if left unattended to, may impede the safe operation of dam for its intended benefits or may pose serious risks to the life and property of people and the environment including flora, fauna and riverine ecology;1520(j) "documentation" means all permanent records including electronic recordsconcerning investigation, design, construction, operation, performance, maintenance, major repair, alteration, enlargement and safety of dams and includes design memorandum, construction drawings, geological reports, reports of specialised studies simulating structural and hydraulic response of the dam, changes made in design and drawings, quality control records, emergency action plan, operation and maintenance manual, instrumentation readings, inspection and testing reports, operational reports and dam safety review reports and other similar reports;(k) "enlargement of dam" means any change in the scope of an existing dam orreservoir, which raises water storage elevation or increases the volume of water impounded by the dam;25(l) "government" means the central government or a state government, as thecase may be;(m) "inspection" means on-site examination of any component of a dam and itsappurtenant structure ;30(n) "investigation" means collection of evidence, detailed examination, analysisor scrutiny of a specific problem pertaining to the dam and its appurtenant structure or a part thereof and includes laboratory testing, in-situ testing, geological exploration,model testing and mathematical simulation of the problem;(o) "national committee" means the national committee on dam safetyconstituted under section 4;35(p) "notification" means a notification published in the official gazette and theterm "notify" shall be construed accordingly;(q) "operation of dam" means every element of the use, control and functioning of the dam which may primarily affect the storage, release of water and the structural safety of the dam;40(r) "operation and maintenance manual" means the written instructions thatprovide operation procedures, maintenance procedures, emergency procedures and any other features necessary for the safe operation of dam;45(s) "owner of specified dam" means the central government or a state governmentor jointly by one or more governments or public sector undertaking or local authority or company and any or all of such persons or organisations, who own, control, operate, or maintain a specified dam;(t) "prescribed" means prescribed by rules made by the central government or,as the case may be, by the state government;(u) "regulations" means the regulations made by the authority; (v) "remedial measures" means such structural or non-structural measures, as may be required in relation to the specified dam or appurtenant strucutre or reservoir or reservoir rim or catchment area of reservoir for the purpose of removing or mitigating the distress condition of the specified dam;5(w) "reservoir" in relation to a dam shall mean any spread of water impounded by a specified dam;(x) "specified dam" means a dam constructed before or after the commencement of this act, which is,—10(i) above fifteen metres in height, measured from the lowest portion of the general foundation area to the top of dam; or(ii) between ten metres to fifteen metres in height and satisfies at least one of the following, namely:—(a) the length of crest is not less than five hundred metres; or15(b) the capacity of the reservoir formed by the dam is not less than one million cubic metres; or(c) the maximum flood discharge dealt with by the dam is not less than two thousand cubic metres per second; or(d) the dam has specially difficult foundation problems; or (e) the dam is of unusual design;20(y) "state committee" means the state committee on dam safety constituted under sub-section (1) of section 10;(z) "state dam safety organisation" means the state dam safety organisation established under section 13; and25(za) "vulnerability and hazard classification" means the system or systems of classifying dams on the basis of their condition, location, damage or hazard potential chapter ii national committee on dam safety30constitution of national committee4 (1) with effect from such date as the central government may, by notification, appoint, there shall be constituted, for the purposes of this act, a national committee to be known as the national committee on dam safety consisting of the following members, namely:—(a) the chairperson, central water commission—chairperson, ex officio;35(b) not exceeding ten representatives of the central government not below the rank of joint secretary to that government or equivalent dealing with matters relating to dam engineering or dam safety, nominated by the central government—members, ex officio;(c) not exceeding seven representatives of the state governments of the level of engineer-in-chief or equivalent by rotation, nominated by the central government—members, ex officio; and40(d) not exceeding three specialists in the field of dam safety and allied fields nominated by the central government— members(2) the national committee shall be constituted within a period of sixty days from the date of commencement of this act, and shall be reconstituted for every three years thereafterfunctions of national committee55 (1) the national committee shall discharge the functions as specified in the first schedule as may be necessary to prevent dam failure related disasters and to maintain standards of dam safety(2) the national committee may, in discharge of its functions, constitute such sub-committees as it may consider necessary to assist it and the secretarial assistance to the national committee and the sub-committees shall be provided by the authority10(3) the knowledge and information collected or generated by the national committee shall be disseminated to all stakeholders by the authoritymeetings of national committee6 (1) the national committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed:15provided that the national committee shall meet at least twice in a year and at least one meeting shall be held before the onset of the monsoon season(2) the national committee may invite the representative of the owner of any specified dam and such other experts in dam safety (including international experts) as it may consider appropriate for the discharge of its functions(3) the expenditure incurred on the meetings of the national committee shall be in such manner as may be prescribed20 chapter iii national dam safety authority7 (1) with effect from such date as the central government may by notification, appoint, there shall be established for the purposes of this act, a national dam safety authority, within a period of sixty days from the date of commencement of this act25establishment of national dam safety authority(2) the authority shall be headed by an officer not below the rank of additional secretary to the government of india or equivalent to be appointed by the central government who have knowledge of, and adequate qualification, experience and capacity in, dealing with problems relating to the dam engineering and dam safety management30(3) the headquarters of the authority shall be at the national capital territory of delhi and the authority may establish offices at other places in india(4) the authority shall comply with such directions as may, from time to time, be given to it by the central government35functions of national dam safety authority8 (1) the authority shall discharge such functions as specified in second schedule as may be necessary to implement the policy, guidelines and standards evolved by the national committee for proper surveillance, inspection and maintenance of specified dams and for such purposes, it shall have the power to enforce the attendance of any person and call for any information as may be necessary40(2) without prejudice to the provisions contained in sub-section (1), the authorityshall make all endeavours to resolve any issue between the state dam safety organisations of states or between a state dam safety organisation and any owner of a specified dam in that state(3) every decision of the authority taken in respect of matters under this act shall be final and binding upon all the parties to the issueofficers and employees of authority9 (1) the central government shall, for the purpose of enabling the authority to perform functions under this act, provide such number of officers and other employees as it may consider necessary:5provided that the officers and other employees shall have such qualifications and experience in the field of safety of dams including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other fields as may be prescribed by the central government10(2) the functions, powers, terms and conditions of service of the officers and other employees appointed under sub-section (1) shall be such as may be prescribed by the central government chapter iv state committee on dam safety1510 (1) with effect from such date as the state government may, by notification, appoint, there shall be constituted, for the purposes of this act, a state committee on dam safety consisting of the following members, namely:—constitution of state committee on dam safety(a) the engineer-in-chief or equivalent officer of the department of the state responsible for dam safety—chairperson, ex-officio;20(b) technical and scientific officers of the rank of chief engineer, not exceeding six persons, from such departments as may be decided by the state government or from such other organisations owning specified dams—members;(c) the chief engineer or equivalent level officer of each such upstream states in cases where reservoir area of any of the specified dam of the state extends to another state—members;25(d) the chief engineer or equivalent level officer of each such downstream state in cases where flood release of any of the specified dam of the state flows to a neighbouring state—members;(e) one representative of the central water commission not below the rank of director to be nominated by the chairman, central water commission —member;(f) experts in the field of hydrology or dam designs, not exceeding three including experts from engineering institutes—members; and30(g) one representative of the central electrical authority not below the rank of director to be nominated by the chairman, central electricity authority - member35(2) the state committee shall be constituted within a period of hundred and eighty days from the date of commencement of this act, and reconstituted for every three years thereafterfunctions of state committee11 (1) the state committee shall discharge such functions as specified in the third schedule as may be necessary to prevent dam failure related disasters under this act as per the guidelines, standards and other directions on dam safety issued by the authority40(2) the state committee, in discharge of its functions, shall be assisted by such sub-committees as it may consider necessary, and the secretarial assistance to the state committee as well as its sub-committees shall be provided by the concerned state dam safety organisationmeetings of state committee512 (1) the state committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the state government:provided that the state committee shall meet at least twice in a year and at least one meeting shall be held before the onset of the monsoon season10(2) the state committee may invite the representative of the owner of any specified dam and such other experts in dam safety as it may consider appropriate, for the discharge of its functions(3) the expenditure incurred on the meetings of the state committee shall be in the manner as may be prescribed by the state government15(4) the specialist members and other expert invitees who attend the meetings of the state committee or its sub-committees shall be paid such fees and allowances as may be prescribed by the state government chapter v state dam safety organisation20establishment of state dam safety organisation13 (1) the state government shall, for the purposes of this act, by notification, establish in the department dealing with dam safety, a separate organisation, to be known as the state dam safety organisation, within a period of hundred and eighty days from the date of commencement of this act:25provided that in states having more than thirty specified dams, the state dam safety organisation shall be headed by an officer not below the rank of chief engineer or equivalent, and in all other cases, the state dam safety organisation shall be headed by an officer not below the rank of superintendent engineer or equivalent(2) the state dam safety organisation shall be responsible to, and report to the technical head of the department dealing with dam safety(3) the organisational structure and work procedures of the state dam safety organisation shall be such as may be prescribed by the state government30(4) the administrative and other expenses of the state dam safety organisation shall be borne by the respective state government14 (1) the state government shall, having regard to the number of specified dams in that state, provide such number of officers and employees to the state dam safety organisation as it may consider necessary for the efficient functioning of the said organisation:officers and employees of state dam safety organisation35provided that the officers and employees shall have such qualifications and experience in the field of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other field as may be prescribed by the state government40(2) the functions and powers of the officers and employees appointed undersub-section (1) shall be such as may be prescribed by the state government chapter vi duties and functions in relation to dam safety15 (1) every state dam safety organisation shall,—\| (a) \| keep perpetual surveillance; \|\|--------------\|----------------------------------------\|\| surveillance \| \|\| and \| \|\| inspection \| \|\| 5 \| \|\| (b) \| carry out inspections; and \|\| (c) \| monitor the operation and maintenance, \|\| 10 \| \|of all specified dams falling under their jurisdiction to ensure continued safety of such specified dams and take such measures as may be necessary to address safety concerns that are noticed with a view to achieve satisfactory level of dam safety assurance as per the guidelines, standards and other directions on dam safety issued by the authority and in accordance with the regulations made under this act15(2) the state dam safety organisation, for the purpose of enabling it to make decisions compatible with public safety, shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be required for proper review and study of the various features of the design, construction, repair and enlargement of dams, reservoirs and appurtenant structures under their jurisdiction16 the state dam safety organisation shall classify each specified dam under their jurisdiction as per the vulnerability and hazard classification criteria in accordance with the regulations made under this act20vulnerability and hazard classification of damsmaintenance of log books17 (1) every state dam safety organisation shall maintain a log book or database foreach specified dam under their jurisdiction recording therein all activities related to the surveillance and inspection and all important events related to dam safety and with such details and in such form as may be specified by regulations25(2) every state dam safety organisation shall furnish all such information to the authority as and when required by them18 (1) every state dam safety organisation shall report the event of any dam failure under their jurisdiction to the authority, and furnish any information as and when required by themrecords of dam failures and dam incidents30(2) every state dam safety organisation shall maintain the records of major dam incidents of each specified dam under their jurisdiction, and furnish all such information to the authority as and when required by them19 (1) every state dam safety organisation shall render its instructions to the owner of a specified dam on the safety or the remedial measures required to be taken with respect to itinstructions on safety of specified dams35(2) every owner of specified dam shall comply with the instructions issued by thestate dam safety organisation with regard to safety or remedial measures in relation to any specified dam owned by itfunds for maintenance and repairs20 every owner of specified dam shall earmark sufficient and specific funds formaintenance and repairs of the specified dam and to implement the recommendations of the state dam safety organisation40technical documentation21 (1) every owner of specified dam shall compile all technical documentationsconcerning hydrology, dam foundation, structural engineering of dam, watershed upstream of dam, and nature or use of land downstream of dam along with information on all resources or facilities of economic, logistic or environmental importance which are likely to be affected due to dam failure45(2) every owner of specified dam shall furnish all such information to the state damsafety organisation and the authority as and when required by them(3) every owner of specified dam shall equip its organisation with the state-of-the-artinformation technology tools to store, retrieve, and distribute the data related to dam safety and dam performance22 every individual responsible for safety of specified dams and all activities related thereto shall possess such qualifications and experience and shall undergo such training as may be specified by regulationsqualifications and experience of individuals responsible for safety of specified dams5jurisdiction of state dam safety organisation and authority23 (1) without prejudice to the provisions of this act, all specified dams, shall fall under the jurisdiction of the state dam safety organisation of the state in which such dam is situated in matters relating to dam inspections, analysis of information, investigation reports or recommendations regarding safety status, and remedial measures to be undertaken to improve dam safety; and in all such matters, full co-operation shall be extended by the owner of the specified dam:10provided that where a specified dam is owned by a central public sector undertaking or where a specified dam is extended over two or more states, or where the specified dam in one state is owned by another state, then the authority shall be construed as the state dam safety organisation for the purpose of this act:15provided further that in all such dams where the authority takes up the role of state dam safety organisation, the governments of the states within the jurisdiction of which such dams are located shall have access to all information relating to these specified dams as available with the authority20(2) the authorised representative of the authority or concerned state dam safety organisation for the purposes of making any inspection or investigation necessary for the implementation of the provisions of this act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods, as may be considered necessary25(3) after making inspection or investigation under sub-section (2), the representative referred to in that sub-section is of the opinion that certain remedial measures are required to be taken, he shall report such remedial measures to the officer-in-charge of such specified dam and to the concerned state dam safety organisation30(4) the authority and concerned state dam safety organisation, in cases of specified dams being found to be distressed on account of their age, degeneration, degradation, structural or other impediments, shall suggest such remedial measures on such operational parameters (including maximum reservoir level, maximum spillway discharge and maximum discharges through other outlets) as it may consider necessary35(5) nothing contained in sub-sections (1), (2), (3) and (4) shall absolve the owner of specified dam or any other authority or person from any of the responsibilities or obligations entrusted upon it under the provisions of this act and the provisions of sub-sections (1), (2), (3) and (4) shall be in addition to, and not in derogation of any other provision of this actcost of investigation24 all the costs to be incurred by the authority or state dam safety organisation onany form of investigation done including payment given to any consultant or expert, shall be borne by the owner of the specified dam40construction or alteration of dams25 (1) any construction or alteration of a specified dam shall be undertaken subjectto investigation, design and construction being done by such agencies as may be accredited by the authority or the state government, as the case may be:provided that the authority may disqualify any agency which violates any of the provisions of this act or the rules or regulations made thereunder45(2) every agency referred to in sub-section (1) shall, for the purpose of designing orevaluating the safety of the specified dam, make use of the relevant standard codes and guidelines of the bureau of indian standards, and furnish the reasons, if any departure is made in the design or dam safety evaluation(3) every agency referred to in sub-section (1) shall for the purpose of investigation, design and construction employ such qualified, experienced and competent engineers, as may be specified by the regulations5(4) every agency referred to in sub-section (1) shall, for the purpose of approval of dam design demonstrate the safety of the design, operational parameters and policies as per the provisions of relevant codes and guidelines to the central or the state government, as the case may be(5) every agency referred to in sub-section (1) shall, for the purpose of dam construction, undertake such quality control measures, as may be specified by regulations10(6) the construction of any specified dam or the alteration or enlargement of any existing specified dam shall be undertaken with the approval of such competent authority, as may be specified by notification by the central government or the state government, as the case may beinitial filling of reservoirs1526 (1) before initial filling of any reservoir of a specified dam, the agency responsiblefor its design shall draw the filling criteria and prepare an initial filling plan, with adequate time for monitoring and evaluating the performance of the dam and its appurtenant structures20(2) before initial filling of the reservoir is taken up, the state dam safety organisation shall inspect or cause to be inspected the specified dam either through its own engineers or by an independent panel of experts, who shall also examine the initial filling programme and prepare a detailed report thereof duly certifying the fitness of dam for fillingoperation and maintenance27 (1) every owner of the specified dam shall provide operation and maintenanceestablishment for the specified dam, and shall ensure that sufficient number of trained operation and maintenance engineers or technical persons are posted at each such dam25(2) every owner of the specified dam shall ensure that a well-documented operation and maintenance manual is kept at each of the specified dams and are followed at all timesresponsibility of owner of specified dam28 nothing contained in this act shall be construed to absolve an owner of a specifieddam of the duties, obligations or liabilities incidental to the construction, operation, maintenance and supervision of the dam or reservoir chapter vii30 safety, inspection and data collectiondam safety unit29 for each specified dam, the owner shall, within the operation and maintenanceestablishment, provide a dam safety unit consisting of such competent levels of engineers as may be specified by regulationsinspection3530 (1) every owner of a specified dam shall undertake every year, through their damsafety unit, a pre-monsoon and post-monsoon inspection in respect of each such dam(2) without prejudice to sub-section (1), every owner of a specified dam shall inspect or cause to be inspected every specified dam by the dam safety unit, during and after every flood, earthquake or any other natural or man-made calamities, or if any sign of distress or unusual behaviour is noticed in the dam\| (3) \| every owner of a specified dam shall,— \|\|-----------------------------------------------------------------------------------------\|---------------------------------------------------------------------------\|\| 40 \| \|\| (a) \| carry out all inspections referred to in sub-section \|\| accordance with the guidelines and check-lists as may be specified by regulations; \| \|\| 45 \| \|\| (b) \| station, at each of the specified dam site throughout the monsoon period, \|\| such engineers and other technical personnel, as may be decided, in consultation with \| \|\| the state dam safety organisation: \| \|\| provided that the engineers and other technical personnel shall be required to be \| \|\| stationed at their respective dam sites during entire period of emergency following any \| \|\| other natural or man-made calamity that may create distress conditions in the dam; and \| \|(c) forward the inspection report by the dam safety unit to the state dam safety organisation, which shall analyse the report and submit comments on the deficiency and remedial measures, if any, to the owner of specified dam531 (1) every owner of a specified dam shall have a minimum number of such instrumentations at each specified dam, and installed in the manner as may be specified by regulations for monitoring the performance of such daminstrumentations to be installed in every specified dam10(2) every owner of the specified dam shall maintain a record of readings of the instrumentations referred to in sub-section (1) and forward the analysis of such readings to the state dam safety organisation, in the form, manner and at such interval as may be specified by regulations32 (1) every owner of a specified dam shall establish a hydro-meteorological station in the vicinity of each specified dam capable of recording such data as may be specified by regulationsestablishment of hydrometeorological station(2) every owner of the specified dam shall collect, compile, process and store data referred to in sub-section (1) at a suitable location15installations of seismological station33 (1) in the case of every specified dam, having a height of thirty metres or above or falling under such seismic zone, as may be specified by regulations, the owner of the specified dam shall establish a seismological station in the vicinity of each such dam for recording micro and strong motion earthquakes and such other data as may be specified by regulations20(2) every owner of a specified dam shall collect, compile, process and store data referred to in sub-section (1) at such suitable location and in such manner as may be specified by regulations chapter viii25 emergency action plan and disaster management34 (1) every owner of a specified dam, in respect of each specified dam, shall,—obligation of owner of specified dam(a) establish well designed hydro-meteorological network and an inflow forecasting system;(b) establish an emergency flood warning system for the probable flood affected areas downstream of the dam;30(c) test or cause to be tested periodically the functioning of systems referred to in clauses (a) and (b);(d) install such scientific and technical instruments which are invented or adopted from time to time for the purpose of ensuring dam safety and the life and property of people downstream;35(e) make available the information relating to maximum anticipated inflows andoutflows including flood warning and an adverse impact of the same, if any, on persons and property towards the upstream or downstream of the dam, to the concerned district authorities and also make available the information in public domain; and40(f) render necessary assistance to the authority in establishment and running ofthe early warning system for the exchange of real time hydrological and meteorological data and information related to the operation of reservoirs45(2) every owner of a specified dam, for each of its dam shall, carry out risk assessment studies at such interval as may be specified by regulations and the first such study shall be made within five years from the date of commencement of this act35 (1) every owner of a specified dam, in respect of each specified dam shall,—emergency action plan(a) prepare emergency action plan before allowing the initial filling of the reservoir and thereafter update such plans at regular intervals;5(b) in respect of the dam which is constructed and filled before the commencement of this act, prepare emergency action plan within five years from the date of commencement of this act and thereafter update such plans at regular intervals as may be specified by regulations (2) the emergency action plan referred to in sub-section (1) shall,—10(a) set out the procedures to be followed for the protection of persons and property upstream or downstream of the specified dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster;(b) include therein,—(i) the type of emergencies which are likely to occur in the operation of any reservoir;15(ii) identification of the likely catastrophic flood in the event of any dam failure, along with probable areas, population, structures and installations likely to be adversely affected due to flood water released from the reservoir;(iii) warning procedures, inundation maps and advance preparations for handling efficiently and in the best possible manner the likely adverse situations especially to avoid loss of human life;20(iv) such other matters which may having regard to the geographical conditions, size of the specified dam and other relevant factors as may be necessary25(3) the emergency action plan under this section shall be put into action as and when conditions arise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to public safety, infrastructure, other property or to the environment30(4) every owner of the specified dam shall, while preparing and updating the emergency action plan, undertake a consultation process with all disaster management agencies and other departments of the state entrusted with disaster management and relief in the area likely to be affected and owners of other dams in the immediate vicinity likely to be affected, so as to bring coordination and transparency and allay any unwarranted fear on dam safety issues35assistance to other disaster management authorities36 without prejudice to the provisions of this act or liability of the owner of the specified dam and other organisations and authorities under this act, every owner, organisation and authority shall render necessary assistance, if so required by any authority under any other law for the time being in force to meet or mitigate any disaster or emergency arising out of the specified dams comprehensive dam safety evaluation40comprehensive dam safety evaluation37 (1) the owner of specified dam shall make or cause to be made comprehensive damsafety evaluation of each specified dam through an independent panel of experts constituted as per regulations for the purpose of determining the conditions of the specified dam and its reservoir:45provided that the first comprehensive dam safety evaluation for each existing specifieddam shall be conducted within five years from the date of commencement of this act, and thereafter the comprehensive dam safety evaluation of each such dam shall be carried out at regular intervals as may be specified by regulations(2) the comprehensive dam safety evaluation shall consists of, but not be limited to,—(a) review and analysis of available data on the design, construction, operation,maintenance and performance of the structure;5(b) general assessment of hydrologic and hydraulic conditions with mandatoryreview of design floods as specified by regulations;(c) general assessment of seismic safety of specified dam with mandatory sitespecific seismic parameters study in certain cases as specified by regulations;(d) evaluation of the operation, maintenance and inspection procedures; and10(e) evaluation of any other conditions which constitute a hazard to the integrityof the structure38 the comprehensive dam safety evaluation referred to in section 37 shall be compulsory in the case of,—compulsory evaluation in certain cases(a) major modification to the original structure or design criteria; (b) discovery of an unusual condition at the dam or reservoir rim; and15(c) an extreme hydrological or seismic event39 (1) the owner of specified dam shall report the results of the dam safety evaluation undertaken under section 37 or section 38 to the state dam safety organisationreports of comprehensive evaluation(2) the reports referred to in sub-section (1) shall include, but not be limited to,—20(a) assessment of the condition of the structure based on the visual observationsand available data on the design, hydrology, construction, operation, maintenance and performance of the structure;(b) recommendations for any emergency measures or actions, if required, toassure the immediate safety of the structure;25(c) recommendations for remedial measures and actions related to design,construction, operation, maintenance and inspection of the structure, if required;(d) recommendations for additional detailed studies, investigations and analysis,if required; and(e) recommendations for improvement in routine maintenance and inspection ofdam, if required30(3) where the safety evaluations undertaken under section 37 or section 38, results in recommendations for a remedial measure, the state dam safety organisation shall pursue with the owner of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall provide adequate funds35(4) where there is any unresolved matter emerging between an independent panel of experts referred to in sub-section (1) of section 37 and the owner of the specified dam, the matter shall be referred to the state dam safety organisation, and, in case no agreement is arrived at, the matter shall be referred to the authority which shall render its advice and send recommendations to the state government concerned for implementation chapter x offences and penalties40 whoever, without reasonable cause,—punishment for obstruction, etc(a) obstructs any officer or employee of the central government or the stategovernment, or a person authorised by the national committee or the authority or the state committee or the state dam safety organisation in the discharge of his functions under this act; or(b) refuses to comply with any direction given by or on behalf of the central government or the state government or the national committee or the authority or the state committee or the state dam safety organisation under this act,5shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall be punishable with imprisonment for a term which may extend to two years10offences by departments of government41 (1) where an offence under this act has been committed by a department of thegovernment, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence15(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a department of the government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyoffence by companies2042 (1) where an offence under this act has been committed by a company or bodycorporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:25provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence30(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purpose of this section—35(a) ''company'' means any body corporate and includes a firm or other association of individuals; and(b) ''director'', in relation to a firm, means a partner in the firmcognizance of offences43 (1) no court shall take cognizance of any offence punishable under this act, saveon a complaint made by the central government or the state government or a person authorised in this behalf by the national committee or the authority or the state committee or the state dam safety organisation, as the case may be40(2) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act chapter xi miscellaneous4544 (1) every state dam safety organisation shall prepare annual report, within three months of the expiry of the preceding financial year, of its activities and safety status of specified dams in the state and such report shall be forwarded to the authority and state government and that government shall cause the same to be laid before each house of theannual report of safety status of specified damsstate legislature, where it consists of two houses or where such legislature consists of one house, before that house5(2) every state dam safety organisation and every owner of a specified dam shallprovide to the authority, documentation of the projects, report of enquiries into failure and any other data, as and when required in such format and in such manner as may be decided by the authority(3) the authority, shall prepare a consolidated annual report of the dam safety activities in the country and submit the same to the central government within six months of the expiry of the preceding financial year and that government shall cause the same to be laid before each house of parliament10(4) the authority shall forward its annual report on the safety status of specified dams to the national disaster management authority and also make available such report in public domain15(5) the state dam safety organisation of each state shall forward their annual report to the concerned state disaster management authority and also make available such report in public domain45 every owner of the dam other than specified dams shall undertake such measures as may be necessary to ensure dam safety and shall comply with such measures in accordance with the regulations made under this actsafety measures in respect of dams other than specified dams20safety measures in respect of dams located outside territory of india2546 where a dam, including a dam created due to landslides or glacial moraine, islocated outside the territory of india and the authority suo motu or on receipt of information from any person or organisation or authority or source prima facie is of the opinion thatmeasures are required to be taken to ensure safety of such dams and failure of which may endanger the life and property of people located in india, it shall in writing submit an intimation thereof to the central government indicating therein the likely damages which may arise due to failure of such dams and the safety measures required to be taken in respect of such dam and the central government shall take all suitable measures to mitigate any possible threat\| 47 \|\|-------------------------------------------------------------------\|\| therewith contained in any other law for the time being in force \|\| act to have \|\| overriding \|\| effect \|30power to amend schedules48 (1) if the central government is satisfied that it is necessary or expedient so to do,it may, by notification, amend the first schedule, the second schedule or the third schedule and thereupon the schedules, shall be deemed to have been amended accordingly(2) a copy of every notification made under sub-section (1) shall be laid before eachhouse of parliament as soon as may be after it is made3549 the central government may give such directions, as it may consider necessary, to the state government where that government is the owner of the specified dam and to the owner of a specified dam in any other case for the effective implementation of the provisions of this actpower of central government to give directions4050 no act or proceeding of the national committee, the authority and the state committee shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the authority; or (b) any defect in the appointment of a person acting as a member of the authority; or (c) any irregularity in the procedure of the authority not affecting the merits ofthe casevacancies etc, not to invalidate proceedings of national committee on dam safety, authority and state committee on dam safety4551 (1) the central government may, by notification, make rules to carry out the provisions of this actpower of central government to make rules(2) in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:—5(a) the time and place of the meetings of the national committee and the procedure to be followed at such meetings under sub-section (1) of section 6, and the expenditure incurred on the meetings of the national committee under sub-section (3) of section 6;(b) the functions, powers, and terms and conditions of service of other officers and other employees of the authority under sub-section (2) section 9;(c) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the central government by rules1052 (1) the state government may, by notification, make rules to carry out the provisions of this actpower of state government to make rules(2) in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:—15(a) the times and places of the meetings of the state committee and the procedure to be followed at such meetings under sub-section (1) of section 12;(b) the expenditure incurred on the meetings of the state committee under sub-section (3) of section 12;(c) the fee and allowances paid to the specialist members or expert invitee or the state committee or its sub-committees under sub-section (4) of section 12;20(d) the organisational structure and work procedure of state dam safety organisation under sub-section (3) of section 13;(e) the functions, powers, and terms and conditions of service of the employees of the state dam safety organisation under sub-section (2) of section 14;25(f) the dam safety measures in respect of dams other than specified dams undersection 45;(g) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the state government by rules30power to make regulations by authority53 (1) the authority on the recommendations of the national committee may make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the standards and other directions for achieving the satisfactory level ofdam safety assurance under sub-section (1) of section 15;35(b) the criteria for vulnerability and hazard classification of specified dams undersection 16;(c) the details pertaining to the maintenance of log books or data base undersub-section (1) of section 17;40(d) the qualifications and experience of the individuals responsible for safety ofspecified dams under section 22;(e) the qualifications and experience of the engineers responsible forinvestigation, design and construction of specified dams under sub-section (3) ofsection 25;45(f) the quality control measures for the purpose of dam construction undersub-section (5) of section 25;(g) the level of competent engineers for the dam safety units under section 29;(h) the check-lists for inspection of specified dams under clause (a) of sub-section(3) of section 30;(i) the minimum number of set of instrumentations in the specified dams and the manner of their installation under sub-section (1) of section 31;5(j) the data requirements of hydro-meteorological stations in the vicinity ofspecified dams under sub-section (1) of section 32;(k) the data requirements of seismological stations in the vicinity of specifieddams under sub-section (1) of section 33;10(l) the time interval of risk assessment studies to be carried out undersub-section (2) of section 34;(m) time interval for updating the emergency action plan under clause (b) ofsub-section (1) of section 35;(n) the time interval for the comprehensive safety evaluation of specified damsunder sub-section (1) of section 37;15(o) the mandatory review of design flood of existing dams under clause (b) ofsub-section (2) of section 37;(p) the mandatory site specific seismic parameter studies of existing specifieddams under clause (c) of sub-section (2) of section 37;20(q) the measures as may be necessary to ensure dam safety by every owner ofdam other than specified dams under section 45;(r) any other matter which is to be specified or in respect of which provision isto be made by the national committee by regulations25rules to be laid before parliament and state legislatures54 (1) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule30(2) every rule made by a state government under this act shall be laid as soon as may be, after it is made, before the state legislature, where it consists of two houses, or where such legislature consists of one house, before that house35power to remove difficulties55 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty:provided that no order shall be made under this section after the expiry of three years from the date of commencement of this act40(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament functions of national committee on dam safety1 for the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, evolve dam safety policies and recommend necessary regulations as may be required;2 act as a forum for exchange of views on techniques to be adopted for remedial measures to relieve distress conditions in specified dams and appurtenant structures;3 analyse the causes of major dam incidents and dam failures and suggest changes in the planning, specifications, construction, operation and maintenance practices in order to avoid recurrence of such incidents and failures;4 evolve comprehensive dam safety management approach as an integration of dam safety evaluation, risk assessment and risk management for the desired level of safety assurance; and also explore compensations, by means of insurance coverage for the people affected by dam failures;5 render advice on any specific matter relating to dam safety which may be referred to it by the central government or the state government, as the case may be;6make recommendations on a request by the central government on safety measures in respect of dams located outside the territory of india;7 make recommendations on the rehabilitation requirements of ageing dams; 8 provide strategic supervision for such dam rehabilitation programmes that are executed in states through central or externally aided funding;9 identify areas of research and development for dam safety and recommend for provision of funds;10 make recommendations on the coordinated reservoir operations of cascading dams; 11 any other specific matter relating to dam safety which may be referred to it by the central government the second schedule [see section 8(1)] functions of national dam safety authority1 for the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as related to implementation of the policies made by the national committee including making regulations on the recommendations of the national committee;2 resolve any issue between the state dam safety organisations of states or between a state dam safety organisation and any owner of a specified dam in that state;3 provide the state-of-the-art technical and managerial assistance to the state dam safety organisations;4 maintain a national level database of all specified dams in the country, including serious distress conditions, if any, noticed therein;5 maintain liaison with the state dam safety organisations and the owners of specified dams for standardisation of dam safety related data and practices, and related technical or managerial assistance;6 lay down guidelines and check lists for the routine inspection and detailed investigation of specified dams and appurtenant structures;7 maintain the records of major dam failures in the country; 8 examine, as and when necessary, either through its own engineers or through a panel of experts, the cause of any major dam failure, and submit its report to the national committee;9 examine whenever required, either through its own engineers or through a panel of experts, the cause of any major public safety concern in respect of any specified dam, and issue appropriate instructions relating to further investigations, operational parameters or remedial measures;10 lay down the uniform criteria for vulnerability and hazard classification of specified dams in the country, and review such criteria as and when necessary;11 give directions regarding maintenance of log books or database; 12 give directions regarding qualifications and experience requirements of individuals responsible for safety of specified dams;13 accord accreditations to the agencies that may be entrusted with the investigation, design, construction and alteration of specified dams;14 disqualify any agency for taking up investigations, design, construction or alteration of specified dams, if it violates any of the regulations under this act;15 give directions regarding qualification and experience requirements of individuals responsible for investigation, design and construction of specified dams;16 give directions regarding quality control measures to be undertaken during construction of specified dams;17 lay down guidelines for preventive measures in the areas vulnerable to landslides in the vicinity of a specified dam under construction;18 give directions regarding competent levels of engineers in the dam safety units of specified dams on the basis of vulnerability and hazard classification of such dams;19 give directions regarding instrumentation requirements and manner of their installation for monitoring the performance of specified dams;20 give directions regarding data requirements of hydrometeorological stations in the vicinity of specified dams;21 give directions regarding data requirements of seismological stations in the vicinity of specified dams;22 give directions regarding time interval for the risk assessment studies of specified dams on the basis of vulnerability and hazard classification of such dams;23 give directions regarding time interval for updating the emergency action plans of specified dams on the basis of vulnerability and hazard classification of such dams;24 give directions regarding constitution of independent panel of experts for comprehensive dam safety evaluation of specified dams;25 give directions regarding time interval for the comprehensive safety evaluation of specified dams on the basis of vulnerability and hazard classification of such dams;26 lay down guidelines for review of design floods of existing specified dams; 27 lay down guidelines for review of site specific seismic parameter studies of specified dams;28 establishment of an early warning system incorporating appropriate framework for the exchange of real time hydrological and meteorological data and information related to operation of reservoirs by the owner of a dam;29 promote general education and awareness in relation to dam safety; 30 provide secretarial assistance to the national committee and its sub-committees; 31 provide coordination and overall supervision of dam rehabilitation programmes that are executed in states through central or externally aided funding; and32 any other specific matter relating to dam safety which may be referred to it by the central government the third schedule [see section 11(1)] functions of state committee on dam safety1 for the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as may be necessary as per the guidelines, standards and other directions issued by the authority;2 review the work done by the state dam safety organisation; 3 establish priorities for investigations in case of specified dams under distress condition;4 in cases where investigations with respect to safety of any specified dam in the state had already been undertaken, to order further investigations in relation to safety of such specified dam and assign responsibilities for execution including the use of nondepartmental resources and association of independent experts, where necessary;5 recommend the appropriate measures to be taken in relation to the safety of specified dam which is under distress condition;6 establish priorities among projects requiring remedial safety works;7 review the progress on measures recommended in relation to dam safety;8 assess potential implication of reservoir filling of a specified dam in the state on any upstream state, and coordinate mitigation measures with such upstream states;9 assess potential implication of failure of a specified dam in the state on any downstream state, and coordinate mitigation measures with such downstream states;10 assess probability of cascading dam failure, and coordinate mitigation measures with all concerned, including bordering states;11 recommend provision of funds for the purpose of planned and appropriately phased rehabilitation of ageing dams in the state;12 provide strategic supervision for such dam improvement and rehabilitation programmes that are executed through state funding; and13 any other specific matter relating to dam safety which may be referred to it by the state government statement of objects and reasonsdams are critical infrastructure constructed with large investment for multi-purpose uses such as irrigation, power generation, flood moderation and supply of water for drinking and industrial purposes an unsafe dam may be a hazard to human life, ecology and public and private assets (including crops, houses, buildings, canals and roads) therefore, the safety of dam is a matter of great concern to the general public and becomes a national responsibility to take necessary steps to ensure the safety of dams2 the government of india constituted a standing committee in the year 1982under the chairmanship of chairman, central water commission to review the existing practices and to evolve unified procedure for safety of dams in india the standing committee in its report, dated the 10th july, 1986 recommended for unified dam safety procedure for all dams in india and the necessary legislation on dam safety initial efforts for dam safety legislation were directed towards enactment of appropriate legislation by respective state governments, and accordingly the state of bihar enacted the dam safety act, 2006 however, some of the states favoured the idea of a uniform central legislation on dam safety the states of andhra pradesh and west bengal adopted resolution in their states for an act of parliament on dam safety accordingly, a bill namely, the dam safety bill, 2010 was introduced in lok sabha on the 30th august, 2010, and was subsequently referred to the parliamentary standing committee on water resources for examination the parliamentary standing committee submitted its recommendations in its seventh report on dam safety bill, 2010 owing to significant modifications entailed in the bill while complying with the recommendations of the parliamentary standing committee, the ministry of water resources decided to withdraw the said bill and introduce the modified bill meanwhile, the term of the 15th lok sabha came to an end, and therefore the dam safety bill, 2010 lapsed with the dissolution of 15th lok sabha3 in view of the above, the proposed dam safety bill, 2018 has been prepared for coverage across whole of india incorporating the recommendations of the parliamentary standing committee providing for proper surveillance, inspection, operation and maintenance of dams in india to ensure their safe functioning4 the proposed dam safety bill, 2018, inter alia, provides for—(a) constitution of the national committee on dam safety to discharge functionsas may be necessary to prevent dam failure related disasters and to maintain standards of dam safety and evolve dam safety policies and recommend necessary regulations;(b) establishment of the national dam safety authority as a regulatory body to implement the policy, guidelines and standards for proper surveillance, inspection and maintenance of specified dams and address unresolved points of issues between the state dam safety organisation of two states, or between the state dam safety organisation of a state and the owner of a dam in that state in certain cases, such as dams extending in two or more states or dams of one state falling under the territories of another state, the national authority shall also perform the role of state dam safety organisation thereby eliminating potential causes for inter-state conflicts;(c) constitution of the state committee on dam safety by the state governments to ensure proper surveillance, inspection, operation and maintenance of all specified dams in that state and ensure their safe functioning;(d) establishment of the state dam safety organisation in states having specified dams which shall be manned by officers with sufficient experience in the field of safety of dams;(e) an obligation upon every owner of a specified dam to establish operational and maintenance set up to ensure continued safety of such dams; to earmark sufficient funds for maintenance and repairs of the dams for undertaking pre-monsoon and post-monsoon inspections and special inspections during and after floods, earthquakes, etc;(f) an obligation upon the concerned state dam safety organisation to keep perpetual surveillance, carry out inspections and monitor the operation and maintenance of specified dams under its jurisdiction to ensure their safety; to classify each dam under their jurisdiction as per the vulnerability and hazard classification in accordance with the regulations;(g) an obligation upon the national dam safety authority to forward its annual report to the parliament and the national disaster management authority and upon the state dam safety organisation to forward their annual reports on safety status of dams to the concerned state legislature and the state disaster management authority5 the bill seeks to achieve the above objectivesnew delhi;nitin jairam gadkarithe 6th august, 2018 notes on clausesclause 1—this clause provides for the short title, extent and commencement of the proposed legislationclause 2—this clause relates to application of the proposed legislation and provides that the provisions of the proposed legislation applies - (a) to every owner of a specified dam, being public sector undertaking or institution or a body owned or controlled by the central government or a state government or jointly by one or more governments; and (b) to every owner of a specified dam, being an undertaking or company or institution or a body other than those owned or controlled by the state government or the central governmentclause 3—this clause defines various terms and expressions used in the proposed legislationclause 4—this clause provides for the constitution of a national committee to be known as the "national committee on dam safety" the composition of said committee is also specified in this clauseclause 5—this clause provides for the functions of the national committee this cluase further provides for powers to constitute sub-committee and for dissemination of knowledge and information to all stakeholdersclause 6—this clause provides for the procedure and manner of the meetings of the national committee on dam safety this clause further provides that the national committee may invite the representatives of the owners of specified dams and such other specialists or experts in dam safety, as it may consider appropriate, for the discharge of its functions this clause also contains the provisions relating to the expenditure incurred on the meetings of the national committeeclause 7—this clause relates to the establishment of the national dam safety authority and provides that the central government shall, for the purposes of the proposed legislation, by notification, establish a national authority of dam safety, within a period of sixty days from the date of commencement of this act this clause further provides that the national authority of dam safety shall be headed by an officer not below the rank of additional secretary to the government of india or equivalent who have knowledge of, and adequate qualification, experience and capacity in, dealing with problems relating to the dam engineering and dam safety management this clause also provides that headquaters of the authority shall be at delhi and the authority may eastablish offices at other places in indiaclause 8—this clause provides for the functions of the national dam safety authoritythis clause provides that (1) the authority shall discharge such functions as specified in the second schedule as may be necessary to implement the policy, guidelines and standards evolved by the national committee for proper surveillance, inspection and maintenance of specified dams and for such purposes, it shall have the power to enforce the attendance of any person and call for any information as may be necessary; (2) the authority shall make all endeavours to resolve any issue between the state dam safety organisations of states or between a state dam safety organisation and any owner of a specified dam in that state; (3) every decision of the authority taken in respect of matters shall be final and bindingclause 9—this clause provides that the central government shall, for the purpose of enabling national dam safety authority to perform its functions under the proposed legislation, provide such number of officers, and other employees as it may consider necessary this clause further provides that qualifications, experience, functions, powers and terms and conditions of service of the employees shall be such as may be prescribed by the central governmentclause 10—this clause provides for the constitution of a state committee to be known as the state committee on dam safety on such date as the state government may, by notification, appoints this clause also provides that the state committee on dam safety shall consist of a chairperson and other members this clause also provides that the state committee shall be constituted within a period of hundred and eighty days from the date of commencement of this act, and reconstituted for every three years thereafterclause 11—this clause provides that the state committee shall discharge such functions as specified in the third schedule as may be necessary to prevent dam failure related disasters as per the guidelines, standards and other directions on dam safety issued by the authority this clause further provides that state committee shall be assisted by such sub-committees as it may consider necessary and the secretarial assistance to the state committee and its sub-committees shall be provided by state dam safety organisationclause 12—this clause provides that the state committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the state government provided that the state committee shall meet at least twice in a year and at least one meeting shall be held before the onset of the monsoon season this clause further provides that the state committee may invite the representative of the owner of any specified dam and such other experts in dam safety as it may consider appropriate, for the discharge of its functions this clause also provides that the expenditure incurred on the meetings of the state committee, such fees and allowances to be paid to the specialist members and other expert invitees who attend the meetings of the state committee or its sub-committees shall be in the manner as may be prescribed by the state governmentclause 13—this clause provides that every state government shall, by notification, establish in the department dealing with dam safety, a separate organisation, to be known as the state dam safety organisation, within a period of hundred and eighty days from the date of commencement of this act this clause further provides that in states having more than thrity specified dams, the state dam safety organisation shall be headed by an officer not below the rank of chief engineer or equivalent, and in all other cases, the state dam safety organisation shall be headed by an officer not below the rank of superintending engineer or equivalent this clause also provides that the state dam safety organisation shall be responsible to, and report to the technical head of the department dealing with dam safety this clause also provides that the organisational structure and work procedures of the state dam safety organisation shall be such as may be prescribed by the state government and that its administrative and other expenses shall be borne by the respective state governmentsclause 14—this clause provides that the state government shall, having regard to the number of specified dams in that state, provide such number of officers and employees to the state dam safety organisation as it may consider necessary for the efficient functioning of the said organisation this clause further provides for qualifications and experience and the functions and powers of the officers and employeesclause 15— this clause relates to the surveillance and inspection and provides that every state dam safety organisation shall— (a) keep perpetual surveillance; (b) carry out inspections; and (c) monitor the operation and maintenance of all specified dams falling under their jurisdiction to ensure continued safety of such specified dams and take such measures as may be necessary to address safety concerns that are noticed with a view to achieve satisfactory level of dam safety assurance as per the guidelines, standards and other directions issued by authority and in accorance with the regulations made under this act this clause further provides that the state dam safety organisation for the purpose of enabling it to make decisions compatible with public safety, shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be required for proper review and study of the various features of the design, construction, repair and enlargement of dams, reservoirs and appurtenances under their jurisdictionclause 16—this clause provides that the state dam safety organisation shall classify each specified dam under their jurisdiction as per the vulnerability and hazard classification creiteria, in accordance with the regulations made under this actclause 17—this clause provides that every concerned state dam safety organisation shall maintain a log book or data-base for each specified dam recording therein all activities related to the surveillance and inspection and all important events related to the dam safety and such other details as may be specified by regulations this clause further provides that every state dam safety organisation shall furnish all such information to the authority as and when required by themclause 18—this clause provides that every state dam safety organisation shall report the event of any dam failure under their jurisdiction to the authority, and furnish any information as and when required by them this clause further provides that every state dam safety organisation shall maintain the records of major dam incidents of each specified dam under their jurisdiction, and furnish all such information to the authority as and when required by themclause 19—this clause provides that every state dam safety organisation shall render advice to the concerned owner of a specified dam on the safety measures required to be taken with respect to any dam this clause further provides that every owner of specified dam shall comply with the instructions issued by the state dam safety organisation with regard to safety or remedial measures in relation to any specified dam owned by itclause 20—this clause provides that every owner of specified dam shall earmark sufficient and specific funds for maintenance and repairs of the specified dams and to implement the recommendations of the state dam safety organisationclause 21—this clause provides that every owner of specified dam shall compile all technical documentations concerning hydrology dam foundation, structural engineering of dam, watershed upstream of dam, and nature or use of land downstream of dam along with information on all resources or facilities of economic, logistic or environmental importance which are likely to be affected due to dam failure this clause further provides that owner of specified dam shall furnish all such information to the state dam safety organisation and authority as and when required by themclause 22—this clause relates to qualifications and experience of individuals responsible for safety of specified dams and provides that every individual responsible for safety of specified dams and all activities related thereto shall possess such qualifications and experience and shall undergo such training as may be specified by regulationsclause 23—this clause relates to the jurisdiction of the state dam safety organisation and national dam safety authority and provides that all specified dams, shall fall under the jurisdiction of the state dam safety organisation of the state in which such dam is situated in matters relating to dam inspections, analysis of information, investigation, reports or recommendations regarding safety status, and remedial measures to be undertaken to improve dam safety and in all such matters, full co-operation shall be extended by the owner of the specified dam, provided that where a specified dam is owned by a central public sector undertaking or where a specified dam is extended over two or more states, or where the specified dam in one state is owned by another state, then, the authority shall be construed as the state dam safety organisation for the purpose of this act this clause further provides that in all such dams where the authority takes up the role of state dam safety organisation, the government of the states within the jurisdiction of which such dams are located shall have access to all information relating to these specified dams as available with the authority this clause also provides that the authorised representatives of the authority or concerned state dam safety organisation for the purposes of making any inspection or investigation necessary for the implementation of the provisions of this act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods, as may be considered necessary and after making inspection or investigation if the representative is of the opinion that certain remedial measures are required to be taken, he shall report such remedial measures to the officer-in-charge of such specified dam and to the concerned state dam safety organisationthis clause also provides that the authority and concerned state dam safety organisation, in cases of specified dams being found to be distressed on account of their age, degeneration, degradation, structural or other impediments, shall suggest such remedial measures on such operational parameters (including maximum reservoir level, maximum spillway discharge and maximum discharge through other outlets) as it may consider necessary this clause also provides that nothing shall absolve the owner of specified dam or any other authority or person from any of the responsibilities of obligations entrusted upon it under the provisions of this act and that the provisions of this clause shall be in addition to, and not in derogation of any other provision of this actclause 24—this clause provides that all costs to be incurred by authority or state dam safety organisation on any form of investigation done including payments given to the consultants and experts shall be borne by the owner of concerned specified damclause 25—this clause provides that any construction or alteration of a specified dam shall be undertaken subject to investigation, design and construction being done by such agencies as may be accredited by the authority or the state government, as the case may be provided that the authority may disqualify any agency which violates any of the provisions of this act or the rules or regulations made thereunderthis clause further provides that every agency for the purpose of designing or evaluating the safety of the specified dam, make use of the relevant standard codes and guidelines of the bureau of indian standards, and furnish the reasons, if any departure is made in the design or dam safety evaluation this clause further provides that—(1) agency shall for the purpose of investigation, design and construction employ such qualified, experienced and competent engineers, as may be specified by regulations; (2) agency shall for the purpose of approval of dam design demonstrate the safety of the design, operational parameters and policies as per the provisions of relevant codes and guidelines to the central or the state government, as the case may be; (3) agency shall, for the purpose of dam construction, undertake such quality control measures, as may be specified by regulations this clause also provides that the construction of any specified dam or the alteration or enlargement of any existing specified dam shall be undertaken with the approval of such competent authority, as may be specified by notificaion by the central government or the state government, as the case may beclause 26—this clause provides that before initial filling of any reservoir of a specified dam the agency responsible for its design shall draw the filling criteria and prepare a initial filling plan, with adequate time for monitoring and evaluating the performance of the dam and its appurtenance structures this clause further provided that before initial filling of the reservoir is taken up, the state dam safety organisation shall inspect or cause to be inspected the specified dam either through its own engineers or by an independent panel of experts, who shall also examine the initial filling programme and prepare a detailed report thereof duly certifying the fitness of dam for fillingclause 27—this clause provides that every owner of the specified dam shall provide operation and maintenance establishment for the specified dam, and shall ensure that sufficient number of trained operation and maintenance engineers or technical persons are posted at each such dam this clause further provides that every owner of the specified dam shall ensure that a well-documented operation and maintenance manual is kept at each of the specified dams and are followed at all timesclause 28—this clause provides that nothing contained in this act shall be construed to absolve an owner of a dam of the duties, obligations or liabilities incidental to the construction, operation, maintenance and supervision of the dam or reservoirclause 29— this clause provides that for each specified dam, the owner shall, within the operation and maintenance establishment, provide a dam safety unit consisting of such competent levels of engineers as may be specified by regulationsclause 30— this clause provides that every owner of a specified dam shall undertake every year, through their dam safety unit, a pre-monsoon and post-monsoon inspection in respect of each such dam this clause further provides that every owner of a specified dam shall inspect or cause to be inspected every specified dam by the dam safety unit, during and after every flood, earthquake or any other natural or man-made calamities, or if any sign of distress or unusual behaviour is noticed in the dam this clause also provides that every owner of a specified dam shall— (a) carry out all inspections in accordance with the guidelines and check-lists as may be specified by regulations; (b) station, at each of the specified dam site throughout the monsoon period, such engineers and other technical personnel, as may be decided, in consultation with the state dam safety organisation provided that the engineers and other technical personnel shall be required to be stationed at their respective dam sites during entire period of emergency following any other natural or manmade calamity that may create distress conditions in the dam; and (c) forward the inspection report by the dam safety unit to the state dam safety organisation, which shall analyse the report and submit comments on the deficiency and remedial measures, if any, to the owner of specified damclause 31—this clause provides that every owner of a specified dam shall have a minimum number of such instrumentations at each specified dam, and installed in the manner as may be specified by regulations for monitoring the performance of such dam this clause further provides that every owner of the specified dam shall maintain a record of recordings of the instrumentations and forward the analysis of such readings to the state dam safety organisation, in the form, manner and at such interval as may be specified by regulationsclause 32—this clause provides that every owner of a specified dam shall establish a hydro-meteorological station in the vicinity of each specified dam capable of recording such data as may be specified by regulations this clause further provides that every owner of the specified dam shall collect, compile, process and store data at a suitable locationclause 33—this clause provides that in the case of every specified dam, having a height of thirty metres or above or falling under such seismic zone, may be specified by regulations, the owner of the specified dam shall establish a seismological station in the vicinity of each such dam for recording micro and strong motion earthquakes and such other data as may be specified by regulations this clause further provides that every owner of a specified dam shall collect, compile, process and store data at such suitable location and in such manner as may be specified by regulationsclause 34—this clause provides that every owner of a specified dam, in respect of each specified dam, shall - (a) establish well designed hydro-meteorological network and an inflow forecasting system; (b) establish an emergency flood warning system for the probable flood affected areas downstream of the dam; (c) test or cause to be tested periodically the functioning of systems; (d) install such scientific and technical instruments which are invented or adopted from time to time for the purpose of ensuring dam safety and the life and property of people downstream; (e) make available the information relating to maximum anticipated inflows and outflows including flood warning and an adverse impact of the same, if any, on persons and property towards the upstream or downstream of the dam, to the concerned district authorities and also make available the information in public domain; and (f) render necessary assistance to the authority in establishment and running of the early warning system for the exchange of real time hydrological and meteorological data and information related to the operation of reservoirs this clause further provides that every owner of a specified dam, for each of its dam, shall, carry out risk assessment studies at such interval as may be specified by regulations and the first such study shall be made within five years from the date of commencement of this actclause 35—this clause provides that every owner of a specified dam, in respect of each specified dam, shall, - (a) prepare emergency action plan before allowing the initial filling of the reservoir and thereafter update such plans at regular intervals; (b) in respect of the dam which is constructed and filled before the commencement of this act, prepare emergency action plan within five years from the date of commencement of this act and thereafter update such plans at regular intervals as may be specified by regulations this clause further provides that the emergency action plan referred to in sub-section (1) shall,—(a) set out the procedures to be followed for the protection of persons and property upstream of the specified dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster; (b) include therein,—(i) the type of emergencies which are likely to occur in the operation of any reservoir; (ii) identification of the likely catastrophic flood in the event of any dam failure, along with probable areas, population, structures and installations likely to be adversely affected due to flood water released from the reservoir; (iii) warning procedures, inundation maps and advance preparations for handling efficiently and in the best possible manner the likely adverse situations especially to avoid loss of human life; (iv) such other matters which may having regard to the grographical conditions, size of the specified dam and other relevent factors as may be necessary this clause also provides that the emengency action plan shall be put into action as and when conditions arise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to public safety, infrastructure, other property or to the environment this clause also provides that every owner of the specified dam shall, while preparing and updating the emergency action plan, undertake a consultation process with all disaster management agencies and other departments of the state entrusted with disaster management and relief in the area likely to be affected and owners of other dams in the immediate vicinity likely to be affected, so as to bring coordination and transparency and allay any unwarranted fear on dam safety issuesclause 36—this clause provides that every owner, organisation and authority shall render necessary assistance, if so required by any authority under any other law for the time being in force to meet or mitigate any disaster or emergency arising out of the specified damsclause 37—this clause provides that the owner of a specified dam shall make or cause to be made comprehensive dam safety evaluation of each specified dam through an independent panel of experts constituted as per regulations for the purpose of determining the conditions of the specified dam and its reservoir provided that the first comprehensive dam safety evaluation for each existing specified dam shall be conducted within five years from the date of commencement of this act, and thereafter the comprehensive dam safety evaluation of each suh dam shall be carried out at regular intervals as may be specified by regulations the clause further provides that the comprehensive dam safety evaluation shall consist of, but not be limited to - (a) review and analysis of available data on the design, construction, operation, maintenance and performance of the structure; (b) general assessment of hydrologic and hydraulic conditions with mandatory review of design floods as specified by regulations; (c) general assessment of seismic safety of specified dam with mandatory site specific seismic parameters study in certain cases as may be specified by regulations; (d) evaluation of the operation, maintenance and inspection procedures; and (e)evaluation of any other conditions which constitute a hazard to the integrity of the structureclause 38—this clause provides that the comprehensive evaluation shall be compulsory in the case of - (a) major modification to the original or design criteria; (b)discovery of unusual condition at the dam or reservoir rim; and (c) after an extreme hydrological or seismic eventclause 39—this clause provides that the owner of a specified dam shall report the results of the comprehensive safety evaluation to the state dam safety organisation this clause further provides that the comprehensive evaluation reports shall include, but not be limited to - (a) assessment of the condition of the structure based on the visual observations and available data on the design, hydrology, construction, operation, maintenance, performance of the structure; (b) recommendations for any emergency measures or actions, if required, to assure the immediate safety of the structure; (c) recommendations for remedial measures and actions related to design, construction, operation, maintenance and inspection of the structure, if required; (d) recommendations for additional detailed studies, investigations and analysis, if required; and (e) recommendations for improvements in routine maintenance and inspection of dam, if required this clause also provides that in case where the comprehensive safety evaluation resulted in recommendations for a remedial measure, the state dam safety organisation shall pursue with the owner of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall provide adequate funds and in case where there are unresolved points of issues emerging between an independent panel of experts and the owner of the specified dams or concerned authorities, as the case may be, the matter shall be referred to the state dam safety organisation and in case, no agreement is arrived at, the matter shall be referred to the authority which shall render its advice and send their recommendations to the state government concerned for implementationclause 40—this clause relates to punishment for obstruction, etc, and provides that whoever, without reasonable cause, - (a) obstructs any officer or employee of the central government or the state government, or a person authorised by the national committee or the authority or the state committee or the state dam safety organisation in the discharge of his functions under this act; or (b) refuses to comply with any dirction given by or on behalf of the central government or the state government or the national committee or the authority or the state committee or the state dam safety organisation under this act, shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall be punishable with imprisonment for a term which may extend to two yearsclause 41—this clause relates to offences by departments of government and provides that where an offence under this act has been committed by a department of the government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence this clause further provides that where an offence under this act has been committed by a department of the government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 42—this clause provides that where an offence under this act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence this clause further provides that where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 43—this clause relates to cognizance of offences and provides that no court shall take cognizance of any offence punishable under this act, save on a complaint made by the central government or the state government or a person authorised in this behalf by the national committee or the authority or the state committee or the state dam safety organisation, as the case may be this clause further provides that no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this actclause 44—this clause provides that every state dam safety organisation shall prepare annual report, within three months of the expiry of the preceding financial year, of its activities and safety status of specified dams in the state and such report shall be forwarded to the authority and state government and that government shall cause the same to be laid before each house of the state legislature, where it consists of two houses or where such legislature consists of one house, before that house this clause further provides that every state dam safety organisation and every owner of a specified dam shall provide to the authority, documentation of the projects, report of enquiries into failure and any other data, as and when required in such format and in such manner as may be decided by the authority this clause also provides that the authority, shall prepare a consolidated annual report of the dam safety activities in the country and submit the same to the central government within six months of the expiry of the preceding financial year and that government shall cause the same to be laid before each house of parliament this clause also provides that the authority shall forward its annual report on the safety status of specified dams to the national disaster management authority and also make available such report in public domain and the state dam safety organisation of each state shall forward their annual report to the concerned state disaster management authority and also make available such report in public domainclause 45—this clause provides that every owner of the dam other than specified dams shall undertake such measures as may be necessary to ensure dam safety and shall comply with such measures in accordance with the regulations made under this actclause 46—this clause provides that where a dam, including a dam created due to landslides or glacial moraine, is located outside the territory of india and the authority suo motu or on receipt of information from any person or organisation or authority or source prima facie is of the opinion that measures are required to be taken to ensure safety of such dams and failure of which may endanger the life and property of people located in india, it shall in writing submit an intimation thereof to the central government indicating therein the likely damages which may arise due to failure of such dams and the safety measures required to be taken in respect of such dam and the central government shall take all suitable measures to mitigate any possible threatclause 47—this clause provides that the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceclause 48—this clause provides that if the central government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the first schedule, the second schedule or the third schedule and thereupon the schedules, shall be deemed to have been amended accordingly and acopy of every notification made under this clause shall be laid before each house of parliament as soon as may be after it is madeclause 49—this clause provides that the central government may give such directions, as it may consider necessary, to the state government where that government is the owner of the specified dam and to the owner of a specified dam in any other case for the effective implementation of the provisions of this actclause 50—this clause relates to power of central government to make rules and provides that the central government may, by notification, make rules to carry out the provisions of this act in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the time and place of the meetings of the national committee and the procedure to be followed at such meetings and the expenditure incurred on the meetings of the national committee; (b) the functions, powers and terms and conditions of service of other officers and other employees of the authority; (c) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the central government by rulesclause 51—this clause relates to power of state government to make rules and provides that the state government may, by notification, make rules to carry out the provisions of this act such rules may provide for all or any of the matters,—(a) the times and places of the meetings of the state committee and the procedure to be followed at such meetings; (b) the expenditure incurred on the meetings of the state committee; (c) the fee and allowances paid to the specialist members or expert invitees of the state committee or its sub-committees; (d) the organisational structure and work procedure of state dam safety organisation; (e) the functions, powers, and terms and conditions of service of employees of the state dam safety organisation; (f) the dam safety measures in respect of dams other than specified dams; (g) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the state government by rulesclause 52—this clause provides that the authority on the recommendations of the national committee may make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act and such regulations may provide for all or any of the matters—(a) the standards and other directions for achieving the satisfactory level of dam safety assurance; (b) the criteria for vulnerability and hazard classification of specified dams; (c) the details pertaining to the maintenance of log books or data base; (d)the qualifications and experience of the individuals responsible for safety of specified dams; (e) the qualifications and experience of the engineers responsible for investigation, design and construction of specified dams; (f) the quality control measures for the purpose of dam construction; (g) the level of competent engineers for the dam safety; (h) the check-lists for inspection of specified dams; (i) the minimum number of set of instrumentations in the specified dams and the matter of their installation; (j) the data requirements of hydrometeorological stations in the vicinity of specified dams; (k) the data requirements of seismological stations in the vicinity of specified dams; (l) the time interval of risk assessment studies to be carried out; (m) time interval for updating the emergency action plan; (n) the time interval for the comprehensive safety evaluation of specified dams; (o) the mandatory review of design flood of existing specified dams; (p) the mandatory site specific seismic parameter studies of existing specified dams; (q) the measures as may be necessary to ensure dam safety by every owner of dam other than specified dams; (r) any other matter which is to be specified or in respect of which provision is to be made by the national committee by regulationsclause 53—this clause provides that every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule this clause further provides that every rule made by a state government under this act shall be laid as soon as may be, after it is made, before the state legislature, where it consists of two houses, or where such legislature consists of one house, before that houseclause 54—this clause provides that if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty provided that no order shall be made under this section after the expiry of three years from the date of commencement of this act this clause further provides that every order made under this clause shall, as soon as may be after it is made, be laid before each house of parliament financial memorandumclause 4 of the bill provides for constitution of a national committee on dam safety and clauses 5 and 6 of the bill provide for functions and meetings of the national committee and expenditure thereof in respect of which an indicative recurring expenditure of about rupees seventy lakhs per annum is anticipated for meeting expenses of the national committee on dam safety clause 7 of the bill provides for establishment and composition of the national dam safety authority and clauses 8 and 9 provide for functions and officers and employees of the authority and expenditure thereof in respect which an indicative capital expenditure of rupees thirty-three crore is anticipated for creation of building and infrastructure facilities for the office of national dam safety authority assuming availability of the government land the indicative recurring expenditure for meeting the remuneration of the national dam safety authority's officers, staff, consultants, and other miscellaneous expenses is rupees fourteen crore per annumthe provisions of the bill will not involve any other expenditure of recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (1) of clause 50 empowers the central government to make rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include - (a) the times and places of the meetings of the national committee on dam safety and the procedure to be followed at such meetings under sub-section (1) of section 6; and the expenditure incurred on the meetings of the national committee under sub-section (3) of section 6; (b) the functions, powers and terms and conditions of service of the employees of the authority under sub-section (2) of section 9; (c) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the central government by rules2 sub-clause (1) of clause 51 empowers the state governments to make rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include - (a) the times and places of the meetings of the state committee and the procedure to be followed at such meetings under sub-section (1) of section 12; (b) the expenditure incurred on the meetings of the state committee under sub-section (3) of section 12; (c) the fee and allowances paid to the specialist members or expert invitees of the state committee or its sub-committees under sub-section (4) of section 12; (d) the organisational structure and work procedure of state dam safety organisation under sub-section (3) of section 13;(e) the functions, powers and terms and conditions of service of the employees of the state dam safety organisation under sub-section (2) of section 14; (f) the dam safety measures in respect of dams other than specified dams under section 45; (g) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the state government by rules3 sub-clause (1) of clause 52 empowers the national dam safety authority to make regulations consistent with the proposed legislation and the rules made thereunder to carry out the purposes of the proposed legislation sub-clause (2) specifies the matter in respect of which such regulations may be made these matters, inter alia, include— (a) the standards and other directions for achieving the satisfactory level of dam safety assurance under sub-section (1) of section 15; (b) the criteria for vulnerability and hazard classification of specified dams under section 16; (c) the details pertaining to the maintenance of log books or data base under sub-section (1) of section 17; (d) the qualifications and experience of the individuals responsible for safety of specified dams under section 22; (e) the qualifications and experience of the engineers responsible for investigation, design and construction of specified dams under sub-section (3) of section 25; (f) the quality control measures for the purpose of dam construction under sub-section (5) of section 25; (g) the level of competent engineers for the dam safety units under section 29; (h) the check-lists for inspection of specified dams under clause (a) of sub-section (3) of section 30; (i) the minimum number of set of instrumentations in the specified dams and the manner of their installation under sub-section (1) of section 31; (j) the data requirements of hydro-meteorological stations in the vicinity of specified dams under sub-section (1) of section 32; (k) the data requirements of seismological stations in the vicinity of specified dams under sub-section (1) of section 33; (l) the time interval of risk assessment studies to be carried out under sub-section (2) of section 34; (m) time interval for updating the emergency action plan under clause (b) of sub-section (1) of section 35; (n) the time interval for the comprehensive safety evaluation of specified dams under sub-section (1) of section 37; (o) the mandatory review of design flood of existing specified dams under clause (b) of sub-section (2) of section 37;(p) the mandatory site specific seismic parameter studies of existing specified dams under clause (c) of sub-section (2) of section 37; (q) the measures as may be necessary to ensure dam safety by every owner of dam other than specified dams under section 45; (r) any other matter which is to be specified or in respect of which provision is to be made by the national committee by regulations 4 sub-clause (1) of clause 53 provides that every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5 sub-clause (2) of clause 53 provides that every rule made by a state government under this act shall be laid as soon as may be, after it is made, before the state legislature, where it consists of two houses, or where such legislature consists of one house, before that house6 the matters in respect of which rules may be made by the central government and the state government are matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for surveillance, inspection, operation and maintenance of specified dams for prevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto————(shri nitin jairam gadkari, minister of road transport & highway, shipping, water resources, river development & ganga rejuvenation)mgipmrnd—1578ls(s3)—09082018 the dam safety bill, 2018 [to be/as introduced in lok sabha] 1 page 2, line 32,- for "into failure," read "into a dam failure," 2 page 3, line 10,- for "appurtenance or" read "appurtenance structure or" 3 page 5, line 3,- for "discharge the functions" read "discharge such functions" 4 page 5, line 34,- for "in second schedule" read "in the second schedule" 5 page 6, line 5,- for "safety of dams" read "dam safety" 6 page 10, line 3,- for "by the regulations" read "by regulations" 7 page 13, line 16,- for "of specified" read "of a specified" 8 page 16, line 8,- for "sub-section (2) section 9;" read "sub-section (2) of section 9;" 9 page 16, line 19,- for "expert invitee" read "expert invitees" 10 page 17, line 15,- for "existing dams" read "existing specified dams" 11 page 18, line 25,- for "cascading dams;" read "cascading dams; and" 12 page 31, after line 41,- insert "clause 50 –– this clause provides that no act or proceeding of the national committee the authority and the state committee shall be invalid merely by reason of (a) any vacancy in, or any defect in the constitution of, the authority; or (b) any defect in the appointment of a person acting as a member of the authority; or (c) any irregularity in the procedure of the authority not affecting the merits of the case" 13 page 31, line 42,- for "clause 50" read "clause 51" 14 page 32, line 1,- for "clause 51" read "clause 52" 15 page 32, line 12,- for "clause 52" read "clause 53" 16 page 32, line 33,- for "clause 53" read "clause 54" 17 page 32, line 7 from the bottom,- for "clause 54" read "clause 55" 18 page 34, line 2,- for "clause 50 empowers" read "clause 51 empowers" 19 page 34, line 12,- for "clause 51 empowers" read "clause 52 empowers" 20 page 34, line 26,- for "clause 52 empowers" read "clause 53 empowers" 21 page 35, line 3,- for "clause 53 empowers" read "clause 54 empowers" 22 page 35, line 12,- for "clause 53 empowers" read "clause 54 empowers" 23 in the docket page, line 9,- for "highway," read "highways," new delhi; december 6, 2018__________ agrahayana 15, 1940 (saka)	Parliament_bills	a2ccdd62-fa8b-5ef5-9a8b-7e4fcf42677a
bill no lxii of 2012 the constitution (amendment) bill, 2012 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2012 (2) it shall come into force at onceshort title and commencement52 after article 50 of the constitution, following article shall be inserted, namely:—insertion of new article 50a balanced development of all regionsof areas within the jurisdiction of states and union territories by enacting an appropriate law to provide that no development funds are be allotted or spent in a village, tehsil, district, assembly or parliamentary constituency, disproportionately at the cost of other areas'' statement of objects and reasonsthe central government, as also various state governments, spend crores of rupees annually on various developmental schemes however, there is no provision in the constitution or in any other enactment for a fair and equitable distribution of public money in different revenue districts, parliamentary or assembly constituencies as a result, many a time, ministers in-charge of the respective ministries are found to be allocating funds disproportionately in their respective constituencies and in a manner that hardly any funds remain for allocation in remaining areas representatives of the people, whether they are members of parliament or members of state legislatures have to suffer the ire of the public who remain ignorant about regional imbalance resorted to by persons on account of some specific project coming up in any area, a large chunk of funds may be needed but, a proper explanation should be given on the imbalance occurring on account of investments in such national or state level projects it is therefore felt that there should be a statutory enactment or a provision in the constitution of india which will ensure a fair amount of regional balanceit is therefore proposed that the state shall endevaour to achieve a balance growth and development of the areas within the jurisdiction of state and union territories by enacting an appropriate law to provide that no development funds are allotted or spent in a village, tehsil, district, assembly or parliamentary constituency, disproportionately or arbitrarily at the cost of other areashence this billshantaram naik rajya sabha———— a billfurther to amend the constitution of india—————(shri shantaram naik, mp)gmgipmrnd—3957rs (s3)—07-12-2012	Parliament_bills	80a2a094-40fd-5c23-8c77-511502c8617f
diu no 118 of 1961 the punjab appropriation bill, 1968 a billto authorise payment and appropriation of cettain further bums from and out of the consolidated fund of the state of punjab for the setvices of the financial year 1968-69 be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the punjab appropriation act, 1968 issue of ri 2 from and out of the consolidatetl fund of the state of punjab, ~;c:j!!t 100 there may be paid and applied sums not exceeding those, specified in out of the column 3 of the schedule amounting in the aggregate to the sum of f:if=~f twenty-three crores, eighty-six lakhs, eighty-five thousand and one the ~tati of hundred rupees towartis defraying the several charges which will s ~jab or come in course of payment during the financial year 1968-69, in resfldancial pect of the services specified in column 2 of the schedule year 1968-69· appropriation 3 the sums authorised to be paid and applied from and out of the consolidated funti of the state of punjab by this act shall be appropriated for the services and purposes expressed in the schedule iq in relation to the said year the schedulei 3 services and purposes no of vote slims not qc:cedin i i--v-oted--b-y-ch:jfjl8d on i parhamcnt the conolidated pund total -----:-----------------------;---~~----i------~--·i-----------ra rs re 22,01,000 22,01,000 10 j land revenue 2 state excite duties 1,8",000 6 stamps 1,80,000 610,000 9 general administration 6,12,190 12 police 15,93910 13 supplies and dispoaala 4,950 4950 16 bducdon 16,00,400 35,18,850 19,18850 a2 industries 300 joo 23 community development pro-jec:ts national bxtenaion service and local development 'worb •• 70 , a60 24 labour and employment 160 36 multipurpose river schemes 27 irriptlon (works) 10 2s 29 public works 35,00,000 37 poresta 35,00,000 16,30,080 38 miaa:ll8dcouii ' r6,25,ooo 58,00,000 43 capital outlay on industrial and bc:onomic development 58,00,000 30 4s capital outlay on irrigation nwiption, embankment and drainage works - 46 ca~~ outlay od 35 80,00 48 capital outlay on roid and water transport schemes ' public debt (discharged) 10 51 loan and advances by state ~t· grand total statement of objects and reasonsthis bill is introduced in pursuance of8l'tic1es 204 (1) and 205 of the constitution and the proclamation issued under 'article 356 of the constitution in respect of the state of punjab on the 23rd august, 1968 to provide for the appropriation out of the consolitlated fund of the state of punjab of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the state of punjab and the grants made by the lok sabha for expenditure of the government of punjab for the financial year 1968-69 morarji desai president's recommendation under article 207 of the constitution of india[copy of letter no f 5 (15) -bi68, dated the 28th december, 1968 from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriatioi\ of certain further sums from and out of the consolidated fund;of the state of punjab for the services of the year ending on the 31st day of march, 1969, recommends under clauses (1) and (3) of article 207 of the constitution read with article 205 thereof and the proclamation dated 23rd august, 1968 issued under article 356 of the constitution, the introduction of the punjab appropriation bill, 1968 in the lok sabha and also the consideration of the bill 2 the bill will be introduced in the lok sabha after all the supplementary demands for grants for 1968-69 have been voted a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of punjab for the services of the financial year 1968-69 (shri morarji desai, deputy prime minister and minister of finance)'	Parliament_bills	9060cf67-9b52-58e4-9ed5-c9ad2db8072e
bill no 237 of 2017 the prevention of crimes in the name of honour and tradition and prohibition of interference with the freedom of matrimonial alliances bill, 2017 by shri nishikant dubey, mp a billto protect individual liberty, right of association, movement and bodily integrity and the right of adults to choose their own partners in marriage and to prevent victimisation by prohibiting unlawful assemblies and other conducts interfering with matrimonial alliances in the name of honour and tradition and for the matters connected therewith and incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—(2) it extends to the whole of india except the state of jammu and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 (1) for the removal of doubts, it is hereby declared that all persons including young persons and women have the following rights—declaration of rights of persons(a) right to control their own lives; (b) right to liberty and freedom of expression;5(c) right of association, movement and bodily integrity; and (d) right to choose their own partners in marriage or otherwise(2) any action by any person or group of persons that restricts or prevents the exercise of the rights referred to in sub-section (1) shall be an offence under this actunlawful assembly103 (1) no person or any group of persons shall gather, assemble or congregate at anytime with the view or intention of condemning any marriage, not prohibited by law, on the basis that such marriage has dishonoured the caste or community tradition or brought disrepute to all or any of the persons forming part of the assembly or the family or the people of the locality concernedexplanation—in this section, the expression—15(i) 'marriage' shall include a proposed or intended marriage; and (ii) 'gather', 'assemble' or 'congregate' shall include acting in concert through theuse of any technological means or mediums20(2) such gathering or assembly or congregation shall be treated unlawful and everyperson convening or organising such assembly and every member thereof participating therein, directly or indirectly, shall be punished with imprisonment for a term of not less than six months but which may extend upto one year and shall also be liable to fine up to ten thousand rupeeshonour killing25 3045 of 18604 if any person or a group of persons, who is or are members of the family of thecouple, who has married or intends to marry, or a person or persons acting in concert with, or at the behest of, a member of the family or a member of a body or a group of the caste or clan or community or caste panchayat (by whatever name called) or a member of unlawful assembly kills a women who has married or intends to marry, or kills the person whom the woman has married or intends to marry or kills any person associated with the couple, or abets, participates or incites such an act of killing, shall be guilty of an offence of murder under the indian penal code, 1860criminal intimidation355 if any person or a group of persons, who is or are members of the family of thecouple, who has married or intends to marry, or a person or persons acting in concert with, or at the behest of, a member of the family, or a member of a body or a group of the caste or clan or community or caste panchayat (by whatever name called) or a member of unlawful assembly indulges in criminal intimidation of the couple or either of them, or the members of their family, or supporters shall be punished with imprisonment for a term of not less than one year, which may extend upto three years and shall also be liable to fine up to thirty thousand rupees:4045 of 1860provided that if the threat be to cause death grievous hurt of the description referredto in second part of section 506 of the indian penal code, then the punishment shall extend upto seven years of imprisonment instead of three years and fine up to thirty thousand rupees45explanation—the expression 'criminal intimidation' includes repeated harassment ofthe couple or either of them with the view to pressurise them not to meet or associate with each other or live with each other or threatning the couple or either of them or their family or any person associated with them or harbouring them of retributive action of any kind whatsoever6 if any person or a group of persons, who is or are members of the family of thecouple, who has married or intends to marry, or a person or persons acting in concert with, orharassment and endangerment of liberty5at the behest of, a member of the family, or a member of a body or a group of the caste or clan or community or caste panchayat (by whatever name called) or a member of unlawful assembly harasses a woman or her partner, or any person associated with them for exercising the rights as mentioned in section 2 or attempts to prevent either one or both of them from exercising these rights shall be deemed to have acted in the endangerment of their liberty and such an act of endangerment shall be punished with imprisonment for a period of not less than two years and extending up to ten years and fine extending up to fifty thousand rupees10explanation—'endangerment of liberty' shall include the acts of social sanctions, ostracization or social boycott and shall include, but shall not be limited to the following acts,—(i) declaring the couple, who have married or intends to marry as brother and sister provided that they are not the children from the same natural parent and such a marriage is recognised by any law or custom for the time being in force;15(ii) bringing to bear pressure on the couple or their families or any personassociated with them or harbouring them to leave the village or area of residence concerned;(iii) indulging in any conduct which impedes or is likely to impede, access tomarkets, community facilities, places of worship or any other necessities of life;20(iv) divesting or dispossessing the couple or their families, or any personsassociated with them or harbouring them of any land or property belonging to them;(v) bringing to bear pressure on the couple, or their families or any personassociated with them or harbouring them to pay a fine;(vi) causing grievous hurt, or injury, or harm to the couple, or either of them, ortheir families, or any persons associated with them or harbouring them; and25(vii) any other act or acts of harassment whether physical or mental orpsychological30declaration by a couple of the intention to be together7 any two persons who intend to marry or associate with each other may declare their age and willingness to marry or associate, orally or in writing, before any government official, who shall, on receipt of such information, inform the nearest police station and it shall be the responsibility of the police to protect the said couple against any offences mentioned under section 3 to 6 of this act2 of 197435obligation of certain persons to report an offence8 (1) notwithstanding anything contained in the code of criminal procedure, 1973, allvillage officers, including the sarpanch and such other officers as may be specified by the sub-divisional magistrate or district magistrate in relation to any area, if they have reason to believe or have knowledge that any of the offences mentioned under sections 3 to 6 is likely to be committed or has been committed shall provide such information to the nearest police station forthwith40(2) any person who fails to report the commission of an offence under sub-section (1)shall be punished with imprisonment of either description which may extend upto six months or with fine or with both(3) no person shall incur any liability, whether civil or criminal, for giving the informationin good faith for the purpose of sub-section (1)459 (1) the district magistrate or the sub-divisional magistrate shall receive any requestor information from any person or persons seeking protection from any assembly of persons or from members of any family who are likely to or who have been objecting to any lawful marriagepower to prohibit certain acts and taking preventing measures(2) where the district magistrate or the sub-divisional magistrate receives informationfrom any source that there is a likelihood of convening of an assembly openly or in secrecyto condemn as objectionable any marriage proposed or solemnized, he shall, by order prohibit the convening of such assembly and doing of any act towards the commission of any offence under this act by any person in any area specified in the order5(3) the district magistrate or sub-divisional magistrate may take such steps as may be necessary to give effect to such order including giving appropriate directions to the police authorities concerned10(4) the district magistrate or sub-divisional magistrate shall also take such steps as may be necessary to ensure the safety of the persons targeted by an unlawful assembly or by any person or a group of persons, who is or are members of the families of the couple, who has married or intends to marry, or a person or persons acting in concert with, or at the behest of, a member of the family, or a member of a body or a group of the caste or clan or community or caste panchayat (by whatever name called)15(5) the district magistrate or the sub-divisional magistrate shall be in direct supervision of the protection and safety of the persons concerned and their protection from any offence mentioned in sections 3 to 6 of this act(6) every official called upon to act in terms of the above provisions shall be accountable for their lapses, omissions or failures and the concerned state governments shall provide for and take such action against them as may be deemed fit for their lapses, omissions or failure to act202 of 197410 notwithstanding anything contained in the code of criminal procedure, 1973 all offences under this act shall be congnizable, non-bailable and non-compoundableoffences to be cognizable, non-bailable and noncompoundableburden of proof11 where any person is prosecuted for an offence under this act, the burden of proving that he has not committed the offence shall be on the person being prosecuted2512 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not in derogation of any other law power to make rules13 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act30 35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthere has been an increase in number of crimes being committed against young couples intending to marry or having married, in the name of vindicating the honour of the family, caste or community the hon'ble supreme court of india in lata singh v state of uttar pradesh rightly stated that "there is nothing honourable in such crimes, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal feudal-minded persons"these crimes violate the fundamental rights of citizens including the right to life and liberty, right to bodily integrity and the freedom of movement and expression they unduly emphasise on framework of 'honour' to control and regulate women's sexuality and their marital choices such crimes are also in violation of article 16(1)(b) of the united nations convention on the elimination of all forms of discrimination against women which provides that women should have the right to freely choose a spousethe indian penal code, which is currently invoked to book offenders in cases of honour crimes neither covers the entire gamut of illegal actions perpetrated in the name of honour, nor provides for adequate provisions for ensuring protection of the consenting couple therefore, the law commission of india, in its report no 242 had recommended a legal framework to prevent acts endangering the liberty of the couple married or intending to marry and their family members furthermore, the hon'ble supreme court of india, in arumugam servai v state of tamil nadu had held that the district magistrate/collector and ssp/sps of the district as well as other officials concerned should be held accountable for their failure to prevent honour crimestherefore, in view of the need to address the grave concern, the current bill seeks to provide for protecting the right to life and liberty of counsenting adults, prohibition of unlawful assemblies, criminal intimidation, harassment, violence and interference in lawful matrimonial alliances in the name of honour and tradition and establishes power and accountability of district magistrates and other officials concerned to prevent such crimeshence this billnew delhi;nishikant dubeynovember 27, 2017 memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character———— a billto protect individual liberty, right of association, movement and bodily integrity and the right of adults to choose their own partners in marriage and to prevent victimisation by prohibiting unlawful assemblies and other conducts interfering with matrimonial alliances in the name of honour and tradition and for the matters connected therewith and incidental thereto————(shri nishikant dubey, mp)gmgipmrnd—2756ls(s3)—19122017	Parliament_bills	17ae6500-2da4-5646-9233-99f9b3ae2656
bill no 20 of 1_ the income-tax (amendment) bill, 1989 a bill further to amend the income-tax act, 1961be it enacted by parliament in the fortieth year of the republic of india as follows:-1 (1) this act may be called the income-tax (amendment) act, short 1989 title and com-s (2) it shall be deemed to have come into force on the 24th day of mence-january, 1989 ment 43 of 1961 2 in section 10 of the income-tax act 1961 (hereinafter referred to amendas the principal act), after cla'use (15), the following clause shall be ~~~~notl0 inserted, namely:-10 '(l5a) any payment made, by an indian company engaged in the business of operation of aircraft, to acquire an aircraft on lease from the government of a foreign state or a foreign enterprise under an agreement approved by the central government in this behalf explanation_for the purpose of this clause, "foreign enterprise" 15 means a person who is a non-resident;' 3 in section 80g of the principal act,-amendment ot section bog (a) in sub-section (1), in clause (i), after the word, brackets, figures and letter "sub-clause (iiia)", the words, brackets, figures and letters "or in sub-clause (iiiaa)" shall be inserted; (b) in sub-section (2), in clause (a), after sub-clause (iiia), the following sub-clause shall be inserted, namely:-"(iiiaa) the prime minister's armenia earthquake relief fund; or" 4 (1) the income-tax (amendment) ordinance, 1989 is hereby re-5 ord 1 of pealed 1989 repeal aaci savings (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act 10 statement of objects and reasonson 8th december, 1988, the soviet republic of armenia was hit by a massive earthquake which killed 'more thin 50,000 people and caused large scale damage to properties to augment the resources for providing relief to the victuns of the earthquake, a special fund called "prime minister's armenia earthquake relief fund'" was opened to rqceive contributions in cash or by cheque from individuals and organisations in order to encourage contributions to this fund it was proposed to provide 100 per cent deduction from the total income in respect of contributions to this fund by amending section 80g of the income-tax act, 1961 2 further, in order to facilitate the payment of lease rent, without deduction of tax at source, by air india and indian airlines for acquiring an aircraft on l¥be from the govemment of a foreign state or a foreign enterprise under an agreement approved by the central government, it was proposed to amend the provisions of section 10 of the income-tax act, 1961, so as to qxclude such payment from the purview of the total income " 3 whereas parliament was not in session and the amendments to the provisions of the income-tax act as mentioned above were to be carried out immediately, the income-tax (amendment) ordinance, 1989 (ord 1 of 1989) was promulgated by the president on the 24th january, 1~9 4 the bill seeks to replace the said ordinance new delhi; s b chavan the 7th match, 1989 - (43 oj' 1961) - - - chapt];& ui - incomj%s which do not ji'orm part of total incomeincomes not included iji total income 18, in, computing 1he total income of a previous year of any perseu any income falling ~thin any of the following clauses shall not be idcluded--' ' - " " log (1) in computing the total income of an assessee, there shall be deducted, in accordance with and subject to the provisions of this seetion,-deduction in respect of donations to certain funds charitableinstitu tions, etc (i) "in ·a case where theaggregate of the sums specified in substtcijem (2) in<:lud" any sum or sums of the nature specified in sub clause (iiia) or in sub-clause ('vii) of clause (a) thereof, an amount equal to the whole of u1e sum qr, as the case may be s\ld1f; of such nature plus fifty per cent of the balance of such aggregate; and - - - - - (2) the sums referred to in sub-section (1) shall be the following namely:-(a) any sums paid by the assessee in the previous year as as donation to-- - - - a ~ billfurther to amend the income-tax act, 1961 (shrl s b ch4v411y minfste10 of fi1kmce)	Parliament_bills	a4f7f60d-6eb0-5434-82ef-382771201a75
bill no 98 of 2018 the provision of health card (for persons living below poverty line) bill, 2018 by dr shrikant e shinde, mp a billto provide for issue of health card to citizens living below poverty line for availing medical facilities free of cost and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—extent commencement(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act unless the context otherwise requires,—(a) "medical store" means a registered pharmacy/drug store; (b) "person living below poverty line" means a person, whose annual income from all sources is less than rupees fifty thousand; and5(c) "prescribed" means prescribed by rules made under this act 3 the central government shall formulate a compulsory health insurance scheme for persons living below poverty lineformulation of compulsory health insurance scheme104 (1) the central government shall, through the state government or the unionterritory administration, as the case may be, issue a health card to every citizen living below poverty lineinsuance ofhealth cards to persons living below poverty line(2) the health card shall contain the details such as name and age, address, details offamily members, annual income and such other information as may be prescribed(3) the compulsory health insurance scheme made under this act shall cover head ofthe family, his spouse, dependent parents and dependent children155 any citizen who is entitled to a health card but has not been issued the same, mayapproach the district administration, which shall, after necessary verification, issue the health cardcitizens to approach district administration for nonissuance of health card6 (1) any citizen, who has been issued a health card, may approach any hospital,including a privately run hospital for treatment of self or any of his family members, whose name has been included in the health card20right of health cardholders to get treatment from hospitals(2) the hospital shall not charge any fees from the cardholder for his treatment ortreatment of any member of his family and shall also provide the prescribed medicines free of cost:25provided that where medicines are unavailable in the hospital, it shall be procured froma medical store by the hospital and made available to the citizens within the stipulated time as may be prescribed(4) the hospital shall make entires in the health card regarding the total expenditureincurred by it in the treatment of the cardholder or his family members and send a copy of the detailed expenses to the central government in such manner as may be prescribed307 the total expenditure on the treatment in respect of a health cardholder and hisfamily members shall not excced rupees twenty-five thousand per year:limit of expenditure on the treatment of cardholders35provided that the cardholder may submit an application in the form as may be prescribedto the central government for enhancing the limit in case of any critical illness and the central government may allow an enhanced expenditure for the treatment of the particular disease8 subject to the provisions of section 7, no hospital shall refuse treatment of anycardholder, on the ground that the cardholder has not made any advance deposit with the hospital for treatmenthospitals not to refuse treatment to cardholders procedure for reimbursement409 the hospital shall make its claim for reimbursement of expenses in connection withtreatment of a cardholder or a member of his family to the central government in such manner as may be prescribed10 the central government on receipt of a claim under section 9 shall process the same and reimburse the expense within a month of receipt of the claim to the hospital concernedreimbursement to be made within a monthpenalty for violation511 if any hospital refuses to treat any cardholder or member of his family without anyvalid reason, the central government shall issue directions for cancellation of the licence of the hospitalpower to make rules12 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act10 15(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsour country is facing the problem of shortage of manpower in the health sector below poverty line sectors cannot afford to seek any treatment from the private hospitals in our country due to high fees the government hospitals and health centres either lack medicine stock or have absentee doctors, especially in the rural areas healthcare on the other hand is extremely expensive in private sectors hence, high percentages of the population here cannot afford healthcare in private hospitalsindia, being a welfare state, care has to be taken by the government for the under privileged sections of the society it is proposed to provide that persons living below poverty line will be allowed to take free treatment in hospitals including private hospitalhence this billnew delhi;shrikant e shindefebruary 15, 2018 financial memorandumclause 3 of the bill provides for a health insurance scheme for all persons living below poverty line clause 4 provides for issuance of health cards to all persons living below poverty line to enable them to take treatment in hospitals clause 10 provides for reimbursement of expenses by the central government to the hospital concernedthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five hundred crore per annuma non-recurring expenditure of about rupees one thousand crore will also be involved for issuing health cards from the consolidated fund of india memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for issue of health card to citizens living below poverty line for availing medical facilities free of cost and for matters connected therewith or incidental thereto————(dr shrikant e shinde, mp)mgipmrnd—4306ls(s3)—16-03-2018	Parliament_bills	6ad24bee-3b55-5c71-824a-7f3d4aa3d0c4
bill no 306 of 2015 the special financial assistance to the backward region of bundelkhand bill, 2015 by shri kunwar pushpendra singh chandel, mp a billto provide for special financial assistance to the backward region of bundelkhand for the purpose of ensuring the welfare of farmers, agricultural labourers, landless labourers, poor women, old aged persons and the unemployed youth and for the development, exploitation and proper utilization of its resourcesbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the special financial assistance to the backward region of bundelkhand act, 20155(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint102 there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may, by due appropriation provide, as special financial assistance to the backward region of bundelkhand to meet the costs of such schemes of development, as may be undertaken by the states of uttar pradesh and madhya pradesh with the approval of the government of india for the purpose of ensuring the welfare of farmers, farming special financial assistance to backward region of bundelkhandlabourers, landless labourers, poor women, the old and the unemployed youth and for the development, proper utilization and exploitation of the resources in the state3 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not in derogation of other laws statement of objects and reasonsbundelkhand region has been subjected to economic, social backwardness other than being riddled with the lack of water resources there is an urgent need to address the issues of pitiable condition of farmers and agricultural labourers, potable water, water for irrigation, waiver of interest on agricultural loan, poverty, illiteracy and unemployment in the bundelkhand region there is a need to introduce planned financial management, planned monitoring, optimal utilization of resources and launching of new schemes for welfare of farmers, farm labourers, women, the old aged, the unemployed youth and overcome the problem of backwardness of the region therefore, it is necessary that the central government should provide financial assistance to the state governments of uttar pradesh and madhya pradesh for the overall development of bundelkand region financial assistance to the bundelkhand region shall prove to be a milestone to reinforce the availability of equal opportunity and prevalence of justice and national unity in the backward areashence this billnew delhi;kunwar pushpendra singh chandelnovember 18, 2015 financial memorandumclause 2 of the bill provides that there shall be paid such sums of money out the consolidated fund of india as parliament may, by due appropriation provide as special financial assistance to bundelkhand region to meet the costs of such schemes of development as may be undertaken by the states of uttar pradesh and madhya pradesh with the approval of the government of indiathe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india as the amount to be disbursed as special financial assistance to bundelkhand region by due appropriation of law by parliament shall be determined after the schemes to be implemented by the state government with the approval of the central government at this stage, it is not possible to estimate the recurring expenditure to be incurred from the consolidated fund of indiano non-recurring expenditure is likely to be involved in this behalf———— a billto provide for special financial assistance to the backward region of bundelkhand for the purpose of ensuring the welfare of farmers, agricultural labourers, landless labourers, poor women, old aged persons and the unemployed youth and for the development, exploitation and proper utilization of its resources————(shri kunwar pushpendra singh chandel, mp)gmgipmrnd—3045ls(s3)—08-12-2015	Parliament_bills	8d33b2e5-e440-5c45-9633-b9fec5f6c062
bill no 89 of 2007 the payment of bonus (amendment) bill, 2007 a billfurther to amend the payment of bonus act, 1965be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the payment of bonus (amendment) act, 2007(2) it shall be deemed to have come into force on the 1st day of april, 2006short title and commencement amendment of section 221 of 1965amendment of section 122 in section 2 of the payment of bonus act, 1965 (hereinafter referred to as theprincipal act), in clause (13), for the words "three thousand and five hundred rupees", thewords "ten thousand rupees" shall be substituted3 in section 12 of the principal act, for the words "two thousand and five hundredrupees", at both the places where they occur, the words "three thousand and five hundred rupees" shall respectively be substituted4 in section 32 of the principal act, clause (vi) shall be omittedamendment of section 32ord 8 of 20075 (1) the payment of bonus (amendment) ordinance, 2007 is hereby repealedrepeal and savingord 8 of 2007(2) notwithstanding such repeal of the payment of bonus (amendment) ordinance,2007, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe payment of bonus act, 1965 (the act) provides for payment of bonus to employees under the act according to clause (13) of section 2 of the act, employee means any person (other than an apprentice) employed on a salary or wage not exceeding three thousand and five hundred rupees per mensem in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied however, according to section 12 of the act, the bonus payable to an employee whose salary or wage exceeds two thousand and five hundred rupees per mensem shall be calculated as if his salary or wage were two thousand and five hundred rupees per mensem the central government has been receiving representations from trade unions, individuals and various associations for enhancement or for removal of the above ceilings after due consideration, the government has decided to enhance the eligibility limit for payment of bonus from three thousand and five hundred rupees per mensem to ten thousand rupees per mensem and the calculation ceiling from two thousand and five hundred rupees per mensem to three thousand and five hundred rupees per mensem2 section 32 of the act excludes certain classes of employees from the application of the act such as employees in life insurance corporation, seamen, dock workers, university employees, employees employed through contractors on building operations, etc hence, it is felt necessary to omit clause (vi) of section 32 of the act so as to bring the employees employed through contractors on building operations within the ambit of the act3 as both the houses of parliament were not in session and the president was satisfied that circumstances existed which rendered it necessary for her to take immediate action, the payment of bonus (amendment) ordinance, 2007 (8 of 2007) was promulgated on the 27th october, 2007 amending the provisions of the payment of bonus act, 19654 the payment of bonus (amendment) ordinance, 2007 has,—(i) substituted for the words "three thousand and five hundred rupees" the words "ten thousand ruppes" in clause [13 of section 2 of the payment of bonus act, 1965 (the act)];(ii) substituted for the words "two thousand and five hundred rupees" the words "three thousand and five hundred rupees" in both the places where they occur in section 12 of the act;(iii) omitted clause (vi) of section 325 the bill seeks to replace the aforesaid ordinance new delhi;oscar fernandesthe 15th november, 2007 ———— president's recommendation under article 117 of the constitution of india[copy of letter no s-33027/3/98-wb-i, dated the 14th november, 2007 from shri oscar fernandes, minister of state for labour and employment to the secretary- general, lok sabha]the president, having been informed of the subject matter of the proposed payment of bonus (amendment) bill, 2007 recommends the introduction and consideration of the bill in the house under article 117 (1) and (3) of the constitution financial memorandumclause 2 of the bill seeks to amend clause (13) of section 2 of the payment of bonus act, 1965 (the act), to enhance the eligibility limit for the payment of bonus from three thousand and five hundred rupees per mensem to ten thousand rupees per mensem clause 3 of the bill seeks to amend section 12 of the act for enhancing the ceiling from two thousand and five hundred rupees per mensem to three thousand and five hundred rupees per mensem clause 4 of the bill seeks to amend section 32 of the act by omission of clause (vi) so as to bring the employees employed through contractors on building operations within the ambit of the act2 the additional expenditure on this account, from the conslidated fund of india may be on increase of calculation ceiling from two thousand and five hundred rupees per mensem to three thousand and five hundred rupees per mensem if calculation celing is adopted by the government of india, the additional approximate expenditure for payment of adhoc bonus to the central government employees and in respect of employees belonging to railways, posts, etc (productivity linked bonus) will be to the tune of rs 125 crore and rs 490 crore respectively the additional approximate expenditure for payment of bonus to the employees on central public sector undertakings would be around rs 143 crore3 the bill does not involve any other recurring or non-recurring expenditure annexure extracts from the payment of bonus act, 1965 (21 of 1965) definitions2 in this act, unless the context otherwise requires,— (13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding three thousand and five hundred rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied; 12 where the salary or wage of an employee exceeds two thousand and five hundred rupees per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were two thousand and five hundred rupees per mensemcalculation of bonus with respect to certain employees 32 nothing in this act shall apply to— act not to apply to certain classes of employees(vi)employees employed through contractors on building operations; lok sabha————abillfurther to amend the payment of bonus act, 1965————(shri oscar fernandes, minister of labour and employment)mgipmrnd—4565ls(s-5)—16-11-2007	Parliament_bills	2e8abd61-13dc-5aa3-843a-62f12650f6e3
bill no 98 of 2009 the constitution (amendment) bill, 2009 byshri yogi adityanath, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2009 2 after article 25 of the constitution, the following article shall be inserted, namely:—insertion of new article 25aban on conversion of religion5"25a (1) no person or institution shall encourage or cause to encourage any person or group of persons to convert religion by way of inducement in any form or by force(2) nothing in this part shall affect the operation of any existing law or prevent the state from making a law to ban conversion of religion:provided that the law shall not apply in case a person voluntarily converts to another religion or reconverts to his original religion" statement of objects and reasonsour constitution ensures to the citizens the fundamental right to religious freedomhowever, there is no provision for preventing conversion by force or inducement in our constitution the manner in which conversions are being promoted through money sent from abroad on the pretext of education or charity is a danger to the unity and integrity of the countrytherefore, it is necessary to amend the constitution with a view to making specific provision regarding banning of conversion through force or inducement in any formhence this billnew delhi;yogi adityanathnovember 3, 2009 lok sabha————— a billfurther to amend the constitution of india————(shri yogi adityanath, mp)gmgipmrnd—4441ls(s5)—17112009	Parliament_bills	71998f64-8148-54d6-835d-1eebef732e16
bill no 109 of 2010 the institutes of technology (amendment) bill, 2010 a billfurther to amend the institutes of technology act, 1961be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the institutes of technology (amendment) act, 2010short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 259 of 19612 in the institutes of technology act, 1961 (hereinafter referred to as the principal act), in section 2, for the words "and the indian institute of technology, roorkee", the words "the indian institute of technology, roorkee, the indian institute of technology, bhubaneshwar, the indian institute of technology, gandhi nagar, the indian institute of technology, hyderabad, the indian institute of technology, indore, the indian institute of technology, jodhpur, the indian institute of technology, mandi, the indian institute of technology, patna, the indian institute of technology, ropar and the indian institute of technology (banaras hindu university), varanasi" shall be substituted3 in section 3 of the principal act,—amendment of section 3(a) in clause (c), after sub-clause (iv), the following sub-clauses shall be inserted, namely:—"(v) in relation to the society known as the indian institute of technology, bhubaneshwar, the indian institute of technology, bhubaneshwar;(vi) in relation to the society known as the indian institute of technology, gandhinagar, the indian institute of technology, gandhinagar;(vii) in relation to the society known as the indian institute of technology, hyderabad, the indian institute of technology, hyderabad;(viii) in relation to the society known as the indian institute of technology, indore, the indian institute of technology, indore;(ix) in relation to the society known as the indian institute of technology, rajasthan, the indian institute of technology, jodhpur;(x) in relation to the society known as the indian institute of technology, mandi, the indian institute of technology, mandi;(xi) in relation to the society known as the indian institute of technology, patna, the indian institute of technology, patna;(xii) in relation to the society known as the indian institute of technology, punjab, the indian institute of technology, ropar;16 of 1915(xiii) in relation to the institute of technology, banaras hindu university, referred to in the statute 25(a)(1) of the statutes set out in the schedule to the banaras hindu university act, 1915, the indian institute of technology (banaras hindu university), varanasi;"; (b) after clause (g), the following clause shall be inserted, namely:—16 of 1915'(ga) "institute of technology, banaras hindu university" means the institute of technology, banaras hindu university, referred to in statute 25(a)(1) of the statutes set out in the schedule to the banaras hindu university act, 1915;';(c) in clause (j), after sub-clause (iii), the following sub-clauses shall be inserted, namely:—"(iv) the indian institute of technology, bhubaneshwar;(v) the indian institute of technology, gandhinagar; (vi) the indian institute of technology, hyderabad; (vii) the indian institute of technology, indore;(viii) the indian institute of technology, rajasthan; (ix) the indian institute of technology, mandi; (x) the indian institute of technology, patna;(xi) the indian institute of technology, punjab;":(d) after clause (1), the following clause shall be inserted, namely:—'(m) "zone", in relation to an institute, means such group of states and union territories as the central government may, by notification in the official gazette, specify'amendment of section 44 in section 4 of the principal act, after sub-section (1c), the following sub-section shall be inserted, namely:—"(1d) the institute of technology, banaras hindu university shall, on such incorporation, be called the indian institute of technology (banaras hindu university), varanasi"amendment of section 55 in section 5 of the principal act, the explanation shall be numbered as explanation 1 thereof and after explanation 1 as so numbered, the following explanation shall be inserted, namely:—"explanation 2 — the reference in this section to the commencement of this act shall be construed in relation to the indian institute of technology, bhubaneshwar, the indian institute of technology, gandhinagar, the indian institute of technology, hyderabad, the indian institute of technology, indore, the indian institute of technology, jodhpur, the indian institute of technology, mandi, the indian institute of technology, patna and the indian institute of technology, ropar, as the reference to the date on which the provisions of the institutes of technology (amendment) act, 2010 come into force"insertion of new section 5b6 after section 5a of the principal act, the following section shall be inserted, namely:—"5b on and from the commencement of the institutes of technology(amendment) act, 2010,—effect of incorporation of indian institute of technology (banaras hindu university), varanasi(a) any reference to the institute of technology, banaras hindu university in any law for the time being in force (other than this act) or in any contract or other instrument shall be deemed as a reference to the indian institute of technology (banaras hindu university), varanasi;(b) all property, movable and immovable, of or belonging to the institute of technology, banaras hindu university, shall vest in the indian institute of technology (banaras hindu university), varanasi;(c) all rights and liabilities of the institute of technology, banaras hindu university shall be transferred to, and be the rights and liabilities of, the indian institute of technology (banaras hindu university), varanasi;(d) every person employed in the institute of technology, banaras hindu university immediately before such commencement shall hold his office or service in the indian institute of technology, (banaras hindu university), varanasi by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes:provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the indian institute of technology (banaras hindu university), varanasi in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the indian institute of technology (banaras hindu university), varanasi of compensation equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in the case of other employees:provided further that any reference, by whatever form of words, to the director of the institute of technology, banaras hindu university in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the director of the indian institute of technology (banaras hindu university), varanasi; and(e) on the commencement of the institutes of technology (amendment)act, 2010,—16 of 1915(i) the vice-chancellor of the banaras hindu university, appointed under the provisions of the banaras hindu university act, 1915 shall be deemed to have been appointed as ex officio chairman of the board of governors of the indian institute of technology (banaras hindu university), varanasi under this act, and shall hold office for a period of three years with effect from such commencement;16 of 1915(ii) the director of the institute of technology, banaras hindu university, appointed under the provisions of the banaras hindu university act, 1915 shall be deemed to have been appointed as director of the indian institute of technology (banaras hindu university), varanasi under this act, and shall hold his office till director is appointed under this act explanation—the reference in this section to the commencement of this act shall be construed in relation to the indian institute of technology (banaras hindu university), varanasi as the reference to the date on which the provisions of the institutes of technology (amendment) act, 2010 come into force"amendment of section 67 in section 6 of the principal act, in sub-section (1), after clause (m), the following clauses shall be inserted, namely:—"(ma) supporting and collaborating with technical education institutions located in the zone with a view to enhance their quality and capability;(mb) advising the state government and the union territory included in its zone in the matter of technical education and any technological issue referred by them to the institute for advice" 8 in section 11 of the principal act,—amendment of section 11(i) after clause (e), the following proviso shall be inserted, namely:—"provided that in the case of the indian institute of technology (banaras hindu university), varanasi,—16 of 1915(a) the board of such institute shall consist of vice-chairman to be nominated, after a period of three years from the commencement of the institutes of technology (amendment) act, 2010, by the executive council referred to in clause (d) of section 2 of the banaras hindu university act, 1915, from amongst its members including its vice-chancellor;";16 of 1915(b) two persons to be nominated by the executive council referred to in clause (d) of section 2 of the banaras hindu university act, 1915, from amongst its members including its vice-chancellor;";(ii) the explanation shall be omittedamendment of section 149 in section 14 of the principal act, after clause (e), the following proviso shall be inserted, namely:—16 of 1915"provided that in case of the indian institute of technology (banaras hindu university), varanasi, three members shall be nominated by the executive council referred to in clause (d) of section 2 of the banaras hindu university act, 1915"10 in section 38 of the principal act,—amendment of section 38(a) after clause (i), the following clauses shall be inserted, namely:—"(j) until the first statutes and ordinances in relation to the indian institute of technology, bhubaneshwar, the indian institute of technology, gandhinagar, the indian institute of technology, hyderabad, the indian institute of technology, indore, the indian institute of technology, jodhpur, the indian institute of technology, mandi, the indian institute of technology, patna and the indian institute of technology, ropar are made under this act, the statutes and ordinances of such institute, as in force immediately before the commencement of the institutes of technology (amendment) act, 2010, shall apply to those institutes with necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this act;16 of 1915(k) the executive council, referred to in clause (d) of section 2 of the banaras hindu university act, 1915, functioning as such immediately before the commencement of the institutes of technology (amendment) act, 2010, shall continue to so function until a new board is constituted for the indian institute of technology (banaras hindu university), varanasi under this act, but on the constitution of a new board under this act, the executive council of the banaras hindu university shall cease to function so far as the indian institute of technology (banaras hindu university), varanasi is concerned;16 of 1915(l) the academic council, referred to in clause (a) of section 2 of the banaras hindu university act, 1915, functioning as such immediately before the commencement of the institutes of technology (amendment) act, 2010 shall continue to so function until a new senate is constituted for the indian institute of technology (banaras hindu university), varanasi under this act, but on the constitution of a new senate under this act, the academic council of the banaras hindu university shall cease to function so far as the indian institute of technology (banaras hindu university), varanasi;(m) until the first statutes and the ordinances in relation to the indian institute of technology (banaras hindu university), varanasi are made under this act, the statutes and ordinances as are applicable to the indian institute of technology, kanpur immediately before the commencement of the institutes of technology (amendment) act, 2010, shall apply to the indian institute of technology (banaras hindu university), varanasi with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this act;(n) notwithstanding anything contained in the institutes of technology(amendment) act, 2010, any student who joined classes of the indian institute of technology, banaras hindu university on or after the commencement of 2006-2007 academic session or completed the courses on or after 2009-2010 academic session shall for the purpose of clause (b) of sub-section (1) of section 6, be deemed to have pursued a course of study in the indian institute of technology (banaras hindu university), varanasi provided that such student has not already been awarded degree or diploma for the same course of study;(o) if any difficulty arises in giving effect to the provisions of the institutes of technology (amendment) act, 2010, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:provided that no order shall be made under this clause after the expiry of two years from the commencement of the institutes of technology (amendment) act, 2010:provided further that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament";(b) after explanation 2, the following explanation shall be inserted, namely:—"explanation 3— the reference in clauses (k), (i) and (m) of this section to the commencement of this act shall be construed in relation to the indian institute of technology (banaras hindu university), varanasi, as the reference to the date on which the provisions of the institutes of technology (amendment) act, 2010 come into force" statement of objects and reasonsthe institutes of technology act, 1961 was enacted by parliament in december,1961 to, inter alia, declare certain institutes of technology to be institutions of national importance2 the government of india has set up eight new indian institutes of technology as registered societies these institutes need to be brought within the ambit of the aforesaid act for the purpose of declaring them as institutions of national importance3 the expert committee constituted by the government of india identified certain academic institutions which had the potential for being upgraded to the level of indian institutes of technology the institute of technology, banaras hindu university was identified as one of such institutions the government of india made an announcement in march, 2008 of its intention to convert institute of technology, banaras hindu university into an indian institute of technology this is in line with the overall thinking of the government to have more indian institutes of technology level institutions by upgrading existing institutions as well as creating new indian institutes of technology4 accordingly, a need has been felt to amend the said act to effectuate the conversion of institute of technology, banaras hindu university into indian institute of technology (banaras hindu university), varanasi and to bring the eight newly set up indian institutes of technology within its ambit the institutes of technology (amendment) bill, 2010, inter alia, seeks to make the following amendments to the institutes of technology act, 1961, namely:—(a) to include eight new indian institutes of technology and declare them as institutions of national importance;(b) to declare the institute of technology, banaras hindu university as an institution of national importance and integrate it with the indian institutes of technology system;(c) to empower the central government to notify "zones" in the country for advising the state government and the union territory included in its zone in the matter of technical education and any technical issue referred by them to the institute for advice;(d) to cast upon the indian institutes of technology, a duty to support states or union territories technologically in their "zones" and address their technological problems;(e) to incorporate the newly set up indian institutes of technology and indian institute of technology (banaras hindu university), varanasi under the provisions of the act;(f) to provide that till such time the statutes and ordinances of new indian institutes of technology and indian institute of technology (banaras hindu university), varanasi come into force, the new indian institutes of technology, including indian institute of technology (banaras hindu university), varanasi, would be governed by the existing statutes and ordinances of such indian institute of technology, as in force; 5 the bill seeks to achieve the above objectives new delhi;the 23rd august, 2010 kapil sibal financial memorandumclause 2 of the institutes of technology (amendment) bill, 2010 provides for establishment of eight new indian institutes of technology including conversion of institute of technology - banaras hindu university into indian institute of technology varanasi and their declaration as institutions of national importance2 the estimated expenditure for establishment of eight new iits would be about rs 423200 crores as non-recurring and rs 184800 crores as recurring expenditure for a six years period the estimated non-recurring expenditure for conversion of it-bhu into iit (bhu), varanasi would be about rs 16000 crores during the 11th plan period the recurring expenditure would be approximately rs 13148 crores per annum during 2010-11 and 2011-20123 the expenditure for establishment of eight new iits and conversion of it-bhuinto iit (bhu) varanasi would be met from the consolidated fund of india through the budgetary provision under the department of higher education, ministry of human resource development memorandum regarding delegated legislationsub-clause (a) of clause 10 of the bill inserts new clauses (j) and (m) in section 38of the act which empowers the institutes of technology to make statutes and ordinances new clause (o) empowers the central government, by order, to remove certain difficulties which may appear to it to be necessary or expedient further, such order is not to be made under the said clause after the expiry of a period of two years from the commencement of the proposed legislation every such order shall be laid before each house of parliament2 the matters in respect of which the statutes, ordinances or orders may be made or issued are matters of administrative details and procedure and, as such, the delegation of legislative power is of a normal character annexure extracts from the institutes of technology act, 1961 (59 of 1961)\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|declaration of certain institutions as institutions of national importance2 whereas the objects of the institutions know as the indian institute of bombay, the college of engineering and technology, delhi, the indian institute of technology, guwahati, assam, the indian institute of technology, kanpur, the indian institute of technology, madras and the indian institute of technology, roorkee are such as to make them institutions of national importance, it is hereby declared that each such institution is an institution of national importance3 in this act, unless the context otherwise requires,—definitions\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|(c) "corresponding institute" means,—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|21 of 1860(j) "society" means any of the following societies registered under the societies registration act, 1860, namely:—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|4 (1) incorporation of institutes5 on and from the commencement of this act,—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|effect of incorporation of institutes35 of 1994explanation—the reference in this section to the commencement of this act shall be construed in relation to the indian institute of technology, guwahati as the reference to the date on which the provisions of the institutes of the technology (amendment) act, 1994 come into force\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|powers of institutes6 (1) subject to the provisions of this act, every institute shall exercise the following powers and perform the following duties, namely:—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|11 the board of an institute shall consist of the following person, namely:—board of governors\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|(e) two professors of the institute, to be nominated by the senateexplanation—in this section, the expression "zone" means a zone as for the time being demarcated by the all-india council for technical education for the purposes of this act 14 the senate of the institute shall consist of the following persons, namely:—senate (e) such other member of the staff as may be laid down in the statues 38 notwithstanding anything contained in this act,—transitional provisions lok sabha———— a billfurther to amend the institutes of technology act, 1961————(shri kapil sibal, minister of human resource development)gmgipmrnd—4265ls(s4)—25-08-2010	Parliament_bills	7e4931e8-589c-59bb-b16d-d875d3c5d1be
", 't ' " i , 1;1' i ""~"\-' \ \'-', \ \ ~ ,", \' the telegraph wires (unla\·\ fljl possession) amendment bill, ig§~ ~ ~(as introduced in lox 8abha on 28m novbmbblt, 1961) the telegraph wires (unlawful possession) amendment bill, 1961 (as introduced in lok sabha) a billfurther to amend t~ telegraph wires (unlawful possession) act, 1950 be it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the telegraph wires (unllawful short title possession) amendment act, 1961 s 2 for section 5 of the telesjrbph wires (unlawful possession) subltitution 74 or 19so act, 1950 (hereinafter referred to as the principal act), the follow- :::: for ing section shall ,be substituted, namely:-section s 10 "5 whoever is found or is proved to have been in possession pc=:0r of any quantity of telegraph wires shall, unless he proves that :uc8li n f the telegraph wires came into his possession lawfully, be t~cil'8p~ ° punishable,-wires is (a) for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both; (b) for the second or a subsequent oifence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees: provided that where a person has made a declaration under section 3 in relation to any quantity of telegraph wires, the burden of proving, in respect of the quantity so declared, that it came into his possession lawfully, shall not be on such person" amendment of section 8 3 in section 8 of the principal act, after sub-section (2), the 5 following sub-section shall be inserted, namely:-"(3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, 10 before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any mtdification in the rule, ar both houses agree that the rule should not be made, the rule shall thereaftler have effect only in such modified fonn or be of no effect, as the case may be; so, however, 15 that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" statement of objects and reasonsunder section 5 of the telegraph wires (unlawful possession) act, 1950, punishment is provided for anyone who is found or is proved to have been in possession of any quantity of certain gauges of copper wire which are in use in the posts and telegraphs department the punishment includes imprisonm'ent extending to five years, or ftne, or both 2 there has been a steady increase in the incidence of copper wire thlefts from trunk lines and it has been noticed in a number of cases that the same set of persons are responsible for the offence it is also seen that the punishmerrts awarded by courts in such cases hav'e been light it is felt that the provision of a minimum punishment for the second and subsequent offences under the act by the same set of persons may act as a deterrent to persons repeating the offence for this purpose, it is necessary to amend section 5 of the telegraph wires (unlawful possession) act, 1950 3 the present bill is designed to achieve the object mentioned above new delhi; p subbarayan the 17th november, 1961 extract from the telegraph w:ours (unlawful possi'ssion) act 1950 (74 of 1950)- - - - - penalty for 5 whoever is found or is proved to have been in possession of any anlawf~ f quantity of telegraph wires shall, unless he proves that the telegraph =~hn 0 wires came into his possession lawfully, be punishable with imprisonwires ment for a term which may extend to five years, or with fine, or with both: provided that where a person has made a declaration under section 3 in relation to any quantity of telegraph wires, the burden of proving, in respect of the quantity so declared, that it came into ~ possession lawfully, shan: not be on such person - - - - - a bill further to amend the telegraph wires (unlawful possession) act, 1950(dr p subbarayan, minister of transport and communiclltions)	Parliament_bills	17b0fc6a-5fb2-504e-84f8-e5f4495c0498
bill no 4 of 2015 the constitution (amendment) bill, 2015 by shri sankar prasad datta, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2015short title2 after article 16 of the constitution, the following article shall be inserted, namely:—insertion of new article 16a"16a nothing in this constitution shall prevent the state from making any provision for reservation in the matter of employment in private enterprises in favour of persons belonging to the scheduled castes and the scheduled tribes5explanation—in this article,—(i) "private enterprise" means a private enterprise or organization whose annual turnover is not less than rupees ten crore; and employment opportunities to persons belonging to scheduled castes and scheduled tribes in private sector10(ii) "provision for reservation" includes any incentive, which may be given to a private enterprise by the state, to encourage the enterprise to provide reservation in employment to persons belonging to the scheduled castes and the scheduled tribes" statement of objects and reasonsalthough private enterprises have dedicated 'corporate social responsibility'divisions, it is observed that these enterprises have not been actively pursuing their social responsibilities private enterprises are supposed to carry out their social responsibilities actively in the interest of general public and especially towards weaker sections of our society the job opportunities in the private sector have increased manifold following the liberalization of the indian economy during the last decade in order to fulfil its social responsibility, the private sector should come forward to extend job opportunities to the persons belonging to the scheduled castes and the scheduled tribesit is necessary to make an amendment in the constitution to enable the state to encourage private enterprises to provide reservation in employment to the persons belonging to the scheduled castes and the scheduled tribes in their establishmentsthe bill seeks to achieve the above objective lok sabha———— a billfurther to amend the constitution of india————(shri sankar prasad datta, mp)gmgipmrnd—4153ls(s3)—04-02-2015	Parliament_bills	3c57c5e4-48da-569e-9c49-b38d06a139cc
power of 13 (/) notwithstanding anything to the contrary contained in this act, if, on an court to issue application of the child marriage prevention officer or on receipt of information through a injunction prohibiting child marriages complaint or otherwise from any person, a judicial magistrate of the first class or a metropolitan magistrate is satisfied that a child marriage in contravention of this act has been arranged or is about to be solemnised, such magistrate shall issue an injunction 5 against any person including a member of an organization or an association of persons prohibiting such marriage (2) a complaint under sub-section (/) may be made by any person having personal knowledge or reason to believe, and a non-governmental organization having reasonable information, relating to the likelihood of taking place of solemnisation of achild marriage or jo child marriages (3) the court of the judicial magistrate of the first class or the metropolitan magistrate may also take suo motu cognizance on the basis of any reliable report or information (4) for the purposes of preventing solemnisation of mass child marriages on certain days such as akshaya trutiya, the district magistrate shall be deemed to be the child (5 marriage prevention officer with all powers as are conferred on a child marriage prevention officer by or under this act (5) the district magistrate shall also have additional powers to stop or prevent solemnisation of child marriages and for this purpose, he may take all appropriate measures and use the minimum force required a (6) no injunction under sub-section (/) shall be issued against any person or member of any organization or association of persons unless the court has previously given notice to such person, members of the organization or association of persons, as the case may be, and has offered him or them an opportunity to show cause against the issue of the injunction: provided that in the case of any urgency, the court shall have the power to issue an 257 interim injunction without giving any notice under this section (7) an injunction issued under sub-section (/) may be confirmed or vacated after giving notice and hearing the party against whom the injunction was issued (8) the court may either on its own motion or on the application of any person aggrieved, rescind or alter an injunction issued under sub-section (/) 3e (9) where an application is received under sub-section (/), the court shall afford the applicant an early opportunity of appearing before it either in person or by an advocate and ifthe court, after hearing the applicant rejects the application wholly or in part, it shall record in writing its reasons for so doing, (10) whoever knowing that an injunction has been issued under sub-section (1) 3s~ against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one lakh rupees or with both: provided that no woman shall be punishable with imprisonment i i ' 14, any child marriage solemnised in contravention of an injunction order issued yo under section 13, whether interim or final, shall be void ab initio child marriages in contravention of injunction orders to be void 15 notwithstanding anything contained in the code of criminal procedure, 1973, an 2 of 1974 offence punishable under this act shall be cognizable and non-bailable \| offences \| to \|\|---------------\|-------\|\| cognizable \| and \|\| non-bailable, \| \|'16(/) the state government: shall, by notification in the official gazette, appoint for chil marriage prevention officers the whole state, or such part: thereof as may be specified in that notification, an officer or officers to be known asthe child marriage prevention officer having jurisdiction over the 'area or areas specified in the notification s 2 the state government may also fequesta respectable member ofthe locality wth a record of social service or an officer of the gram panchayat or municipality or an officer sees cavernment or any public sector undertaking or an office bearer of any nom, sovernmental organization to assist the child marriage prevention oificer and such imember officer orofice bearers the case may be, shall be bound tact accordingly ® (3) it shall be the duty ofthe child marriage prevention officer— (0)10 prevent solemnisation of child marriages by taking such action as he may deem fit; {6) to collect evidence for the effective prosecution of persons contravening the provisions of this act; is (0 to advise ether individual cases or counsel the residents of the locality benerally not to indulge in promoting, helping, aiding or allowing the solemnisation of child marriages; (a) to create awareness of the evil which results from child marriages; (€) to sensitize the community on the issue of child mariages; ae ioc mis sh periodical returns and statistics a the state government may direct; and {6) wo discharge such other functions and duties as may be assigned to him by the state government {3) the state government may, by notification in the oficial gazette, subject to such 25° conditions and imitations, invest the 'child marriage prevention officer with such powers of {0 the child marriage prevention office shall have the power to move the court for 30 an order under sections 4,5 and 13 and along with the child urd sector 9 17 the child mariage prevention officers shall be deemed to be public servants '45 0f 1860 within the meaning of section 21 of the indian penal code cita marriage prevention officers ta be public servants protection of action taken in 00d faith 1g, no suit prosecution or other egal proceedings shal lie against the child marriage frevention officer in respect of anything in good faith done or intended to be done '35° pursuance of this act or any rule or order made thereunder 19(j) the state goverment may, by notification inthe official gazete, make rules for 'carrrying out the provisions of this act power of state government to make rues, {2) every rule made under this act shall, as soon as may be after itis made, be laid before the state legislature 7 0f1899 40 20(1) the child marriage restraint act, 1929 is hereby repealed repeal and savings statement of objects and reasonsthe child marriage restraint act, 1929 was enacted with a view to restraining solemnisation of child marriages the act was subsequently amended in 1949 and 1978 in order, inter alia, to raise the age limit of the male and female persons for the purpose of marriage the act, though restrains solemnnisation of child marriages yet it does not declare them to be void or invalid the solemnisation of child marriages is punishable under the act 2 there has been a growing demand for making the provisions of act more effective and the punishment thereunder more stringent so as to eradicate or effectively prevent the evil practice of solemnisation of child marriages in the country this will enhance the health of children and the status of women the national commission for women in its annnual report for the year 1995-96 recommended that the government should appoint child marriage prevention officers immediately it further recommended that— (i) the punishment provided under the act should be made more stringent; (ii) marriages performed in contravention of the act should be made void; and (iii) the offences under the act should be made cognizable 3 the national human rights commission undertook a comprehensive review of the existing act and made recommendations for comprehensive amendments therein vide its annual report 2001-2002, the central government, after consulting the state governments and union territory administrations on the recommendations of the national commission for women and the national human rights commission, has decided to accept almost all the recommendations and give effect to them by repealing and re-enacting the child marriage restraint act, 1929 4, the salient features of the bill are as follows: - (i) to make a provision to declare child marriage as voidable at the option of the contracting party to the marriage, who was a child (ii) to provide a provision requiring the husband or, if he is a minor at the material time, his guardian to pay maintenance to the minor girl until her remarriage (iii) to make a provision for the custody and maintenance of children born of child marriages (iv) to provide that notwithstanding a child marriage has been annulled by & decree of nullity under the proposed section 3, every child born of such marriage, whether before or after the commencement of the proposed legislation, shall be legitimate for all purposes (v) to empower the district court to add to, modify or revoke any order relating to maintenance of the female petitioner and her residence and custody or maintenance of children, etc, (vi) to make a provision for declaring the child marriage as void in certain circumstances (vii) to empower the courts to issue injunctions prohibiting solernnisation of marriages in contravention of the provisions of the proposed legislation (viii) to make the offences under the proposed legislation to be congnizable for the purposes of investigation and for other purposes (ix) to provide for appointment of child marriage prevention officers by the state governments (x) to empower the state governments to make rules for effectively administration of the legislation 5 the bill seeks to achieve the above objects new deélhi; the 16th december, 2004 hr bhardwaj financial memorandumclause 16 of the bll seeks to empower the state government to appoint ane ot more child marriage prevention officers forthe purpose of prevention of solemnisation of child marriages and the child marriage prevention officers shall have jurisdiction over such area lor areas as may be specified by the state government, by notification serving officers can also be designated as child marriage prevention officers under the act the expenditure in this regard is to be borne by the respective state government 2 the state government in respect ofa union territory isthe central government, ifan officer other than a serving officer is appointed as the child marriage prevention officer, some recurring expenditure wll be involved in regard to payment of salary and allowances to such officer some office expenditure ofa negligible nature may also be involved the exact 'amount of such expenditure would depend upon the number of child marriage prevention officers as may be appointed 3 there shall be no other expenditure of a recurring or non-recurring nature, memorandum regarding delegated legislationclause 19 of the bill empowers state governments to make rules for carrying out the provisions of the proposed legislation the rules are required to be laid before the state legislature the matters in respect of which the rules may be made are matters of procedure and administrative details and it is not practicable to provide for them in the bill itself 2 the delegation of legislative power is, therefore, of anormal character bllto provide for the prevention of solemnisation of child marriages and for matters connected therewith or incidental thereto (shri hr bhardwaj, minister of law and justice) mgipmrno—3637rs—(s3)—16-122004	Parliament_bills	31232895-6077-5a65-81ec-872aa03dc02a
bill no 9 of 2010 the compulsory teaching of yoga in educational institutions bill, 2010 byshri satpal maharaj, mpa billto provide for compulsory teaching of yoga in all educational institutions and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the compulsory teaching of yoga in educational institutions act, 2010short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "advisory council" means the advisory council for yoga education constituted under section 6;(b) "appropriate government" means in the case of a state, the government of that state, and in all other cases, the central government;(c) "educational institution" means a primary or a middle or a secondary or a senior secondary level school imparting education to children, by whatever name such institution is called, but does not include a minority educational institution;(d) "prescribed" means prescribed by rules made under this act; and5(e) "yoga education" means teaching of yoga postures or asanas and such other yoga exercises as would promote the control of the body by bringing in flexibility, strength and endurance and of the mind by enhancing alertness and meditation103 from such date, as the central government may, by notification in the official gazette specify, the yoga education shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on the recommendation of the advisory council constituted under section 6compulsory teaching of yoga education in educational institutions4 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of yoga in all educational institutions, within its jurisdictionappropriate government to issue directions for compulsory teaching of yoga in all educational institutions155 subject to such rules, as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching yoga in educational institutionsappointment of yoga teachers for yoga education206 (1) the central government shall, within three months of the coming into force of the compulsory teaching of yoga in educational institutions act, 2010, by notification in the official gazette, constitute an advisory council for yoga educationconstitution of advisory council for yoga education(2) the advisory council shall consist of such numbers of persons, having special knowledge or practical experience in the field of yoga education or school education, as the central government may deem fit7 the advisory council shall perform the following functions, namely:—functions of the advisory council25(a) to recommend to the central government the syllabus of yoga education foreach class upto senior secondary level;(b) to recommend to the central government the class from which onwards theyoga education is to be taught in educational institutions;30(c) to recommend to the appropriate government the qualifications of teachersto be appointed in educational institutions for teaching yoga;(d) to recommend to the appropriate government the institutions which may be given recognition for training teachers in yoga education for the purpose of their appointment in educational institutions; and(e) to co-ordinate with the appropriate government and the school authorities with a view to ensuring effective implementation of the provisions of this act358 notwithstanding anything contained in this act, the provisions of this act shall apply to minority institutions only if the management of such institutions convey to the appropriate government their willingness to include the yoga education in their school curriculumact to apply to minority educational institutions in certain situations9 the appropriate government shall derecognize such educational institutions, which do not comply with the provisions of section 4, after giving such institution a reasonable opportunity of being heardderecognition of educational institutions for noncompliance of the provisions of the act10 the central government shall, after due appropriation made by law by parliament in this behalf, provide adequate funds to the state for carrying out the purposes of this act5central government to provide funds overriding effect of the act11 the provisions of this act and the rules made thereunder shall come into effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1015(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsmodern education system in schools lays emphasis on imparting quality educationhowever, our modern education is missing out on yoga education and is, therefore, incomplete without it yoga education is not new to us but we are forgetting to blend it with the standard school curriculum yoga has been a valuable and necessary tool for educationyoga education is gaining popularity across the world considering the importance of yoga education, many western countries have already included yoga techniques in their national school education system it is well accepted that yoga does not only improve the physical and mental health but also discipline the mind and improve the power of concentration many studies show that the practice of yoga possesses many curative qualities moreover, yoga education is cost-effective as it requires modest infrastructure and money yoga is a non-competitive activity as it enables the participants to enjoy physical workout without pressure which is sometimes associated with other sportsintroduction of yoga education in schools will make positive impact on the health and psycho-social well-being of the students, enrich their thinking, understanding and imagination and improve the teaching and learning abilities yoga techniques will enhance the ability of students to deal with the stress and pressures of daily life and also help in realizing them their full potentialin modern fast paced times, yoga techniques not only enable to cope up with increasing stress, depression, aggression, anger, emotional and mental exhaustion in our daily life but also teach us the art of balanced living therefore, yoga is considered as a way of living with health and peace of mind it is, therefore, urgently required that yoga education is made compulsory in all educational institutions from primary to senior secondary level so that we can foster confidence and self-esteem in the minds of our upcoming generations in schoolsthe bill, therefore, seeks to provide for making yoga education compulsory in all educational institutions right from primary school level to senior secondary level in order to make it a part of school curriculumhence this billnew delhi;satpal maharajfebruary 5, 2010 financial memorandumclause 5 of the bill provides for appointment of yoga teachers for imparting yoga education in educational institutions clause 6 provides for constitution of an advisory council for yoga education by the central government clause 10 provides for payment of adequate funds to the states for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the consolidated fund of india, if the bill is enacted into a law however, it is estimated that an annual recurring expenditure to the tune of rupees one hundred crore will be involveda non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory teaching of yoga in all educational institutions and for matters connected therewith or incidental thereto————(shri satpal maharaj, mp)gmgipmrnd—364ls(s5)—24022010	Parliament_bills	0e3e49a4-b4b0-58b3-8c2c-19fa60a251b1
bill no 63 of 2011 the indian penal code (amendment) bill, 2011 byshri mk raghavan, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2011short title and commencement(2) it shall come into force at once45 of 18602 after section 376d of the indian penal code, 1860, the following new section shallbe inserted, namely:—5insertion ofnew section376e punishment for rape by father or a closerelative"376e notwithstanding anything in this code, whoever, being a father or a brother or a guardian or a close relative of a woman including a minor girl, commits rape or abets or aids any other person to commit such offence on such a woman or the minor girl, shall be punished with death" statement of objects and reasonsinstances of rape are on the rise women are not safe on roads but in the recent past several instances have come to notice when the father, brother or the relatives of women themselves raped or helped in committing rape on women they ought to protect their womenfolk but they themselves rape or abet others to commit rape in such cases, they should be awarded with death punishment which should act as a deterrentthe bill, therefore, seeks to amend the indian penal code, 1860 hence this billnew delhi;mk raghavanaugust 2, 2011 lok sabha———— a billfurther to amend the indian penal code, 1860————(shri mk raghavan, mp)	Parliament_bills	19111146-18ff-55d0-a3f0-0e044059d97c
bill no lv of 2015 the prevention of addiction of technological gadgets bill, 2015 a billto provide for the prevention of the rising problem of technological gadgets and addiction among the citizens in the country be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title, extent and commencement2 in this act, unless the context otherwise requires,—definitions(a) "addiction" means physical or mental dependence on a particular substance or a service or a product or a device or a gadget;(b) "appropriate government" means in relation to state, government of that particular state and in all other cases, the central government;510(c) "digital detoxication center" means any health establishment, including ayurveda, yoga and naturopathy, unani, siddha and homeopathy establishment, by whatever name called, either wholly or partly, meant for the care of persons with technological gadget addiction illness, established, owned, controlled or maintained by the appropriate government, local authority, trust, whether private or public, corporation, co-operative society, organisation or any other entity or person;(d) "gadget" means a small tool or device generally mechanical or technological in nature that does something useful;15(e) "mental illness" means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence;20 25102 of 1956(f) "psychiatrist" means a medical practitioner possessing a post-graduate degree or diploma in psychiatry awarded by an university recognised by the university grants commission established under the university grants commission act, 1956, or awarded or recognised by the national board of examinations and included in the first schedule of india medical council act, 1956, or recognised by the medical council of indian, constituted under the indian medical council act, 1956 (02 of 1956), and includes, in relation to any state, any medical officer who having regard to his knowledge and experience in psychiatry, has been declared by the government of that state to be a psychiatrist for the purposes of this act; and30(g) "technological gadget" means any gadget or device such as mobile phone, laptop, gaming device, personal digital assistant, tablet, music player etc 3 (1) the appropriate government shall recognize technological gadget addiction as a mental illness and take necessary measures in order to give effect to the same35(2) the appropriate government shall consider technological gadget addiction as a form of substance abuse and take all necessary measures required in order to give effect to the samerecognition of technological gadget addiction as a mental illness and a form of substance abuse 4 the appropriate government shall take all measures to ensure that,—(a) the provisions of this act are given wide publicity through public media, including television, radio, print and online media at regular intervals;creating awareness about technological gadget addiction(b) the programs to reduce stigma associated with technological gadget addiction are planned, designed, funded and implemented in an effective manner;405 (1) the appropriate government shall establish digital detoxication centres for patients suffering from technological gadget addiction in every district and provide adequate medical facilities for rehabilitation, food, adequate care, protection, lodging and boarding;creation of digital detoxication centers45(2) the appropriate government may, by rules, provide for the management and supervision of the centres established under sub-section (1) of this section for providing the best treatment and facilities to the patients6 (1) any person, who is not a minor and who considers himself to have a mental illness and desires to be admitted to any digital detoxication center for treatment may request the medical officer or psychiatrist in charge of the center to be admitted as an independent patient5independent admission and treatment in digital detoxication center(2) on receipt of such request under sub-section (1), the medical officer or psychiatrist in charge of the center shall admit the person to the center if the medical officer or psychiatrist is satisfied that—(a) the person has a mental illness of a severity requring admission to a digital detoxication center;10(b) the person with mental illness is likely to benefit from admission and treatmentto the digital detoxication center;15(c) the person has understood the nature and purpose of admission to the digital detoxication center, and has made the request for admission of his own free will, without any duress or undue influence and has the capacity to make mental health care and treatment decisions without support or requires minimal support from others in making such decisions20(3) if a person is unable to understand the purpose, nature, likely effects of proposed treatment and of the probable result of not accepting the treatment or requires a very high level of support approaching hundred per cent support in making decisions, he or she shall be deemed unable to understand the purpose of the admission and therefore shall not be admitted as indepedent patient under this section(4) a person admitted as an independent patient to a digital detoxication center shall be bound to abide by order and instructions or bye laws of the center(5) an indepedent patient shall not be given treatment without his informed consent25(6) the digital detoxication center shall admit an independent patient on his ownrequest, and shall not require the consent or presence of a nominated representative or a relative or care-giver for admitting the person to the digital detoxication center30(7) subject to the provisions contained in section 8 an independent patient may get himself discharged from the digital detoxication center without the consent of the medical officer or psychiatrist in charge of such center7 (1) a minor may be admitted to a digital dexotication center only after following the procedure laid down in this sectionadmission ofa minor in a digital detoxication center(2) the nominated representative of the minor shall apply to the medical officer in charge of a digital detoxication center for admission of the minor to the center3540(3) on receipt of such an application, the medical officer or psychiatrist in charge ofthe digital detoxication center may admit such a minor to the center, if two psychiatrist or one psychiatrist and one mental health professional or one psychiatrist and one medical practitioner, have independently examined the minor on the day of admission or in the preceding seven days and both independently conclude based on the examination and, if appropriate, on information provided by others, that,—(a) the minor has a mental illness of a severity requiring admission to a digitaldetoxication center;45(b) admission shall be in the best interests of the minor, with regard to his or herhealth, well-being or safety, taking into account the wishes of the minor if ascertainable and the reasons for reaching this decision;(c) the mental health care needs of the minor cannot be fulfilled unless he isadmitted; and(d) all community based alternatives to admission have been shown to havefailed or are demonstrably unsuitable for the needs of the minor(4) a minor so admitted shall be accommodated separately from adults, in an environment that takes into account his age and developmental needs and is at least of the same quality as is provided to other minors admitted to hospitals for other medical treatments5(5) the nominated representative or an attendant appointed by the nominated representative shall under all circumstances stay with the minor in the digital detoxication center for the entire duration of the admission of the minor to the digital detoxication center10(6) in the case of minor girls, where the nominated representative is male, a female attendant shall be appointed by the nominated representative and under all circumstances shall stay with the minor girl in the digital detoxication center for the entire duration of her admission(7) a minor shall be given treatment with the informed consent of his nominated representative15(8) if the nominated representative no longer supports admission of the minor under this section or requests discharge of the minor from the digital detoxication center, the minor shall be discharged by the digital detoxication centerdischarge of patients8 (1) the medical officer or psychiatrist in charge of a digital detoxication center shall discharge from the digital detoxication center any person admitted under section 6 as an independent patient when the medical officer in charge is of the view that the patient has been cured of the illness immediately or on a request made by such a patient20(2) where a minor has been admitted to a digital detoxication center under section 7and attains the age of eighteen years during his stay in the digital detoxication center, the medical officer in charge of the digital detoxication center shall classify him as an independent patient under section 6 and all provisions of this act as applicable to independent patient who is not minor, shall apply to such person25(3) the medical officer or psychiatirist-in-charge of a digital detoxication center shall discharge from the digital detoxication center any person admitted under section 7 as a minor patient when the medical officer in charge is of the view that the minor has been cured of the illness or immediately on request made by the nominated representative309 (1) the appropriate government shall take measures to address the human resource requirements of mental health services in the country by planning, developing and implementing educational and training programs in collaboration with institutions of higher education and training, to increase the human resources available to deliver mental health interventions and to improve the skills of the available human resources to better address the needs of persons with technological gadget addiction35appropriate government to take measures as regard to human resource development and training, etc(2) the appropriate government shall, at the minimum, train all medical officers in public health care establishments to provide basic and health care to patients suffering from technological gadget addiction40(3) the appropriate government shall make efforts to meet internationally accepted guidelines for number of mental health professionals on the basis of population, within ten years from the commencement of this act10 (1) the appropriate government, as and when required, shall issue guidelines for prevention of technological gadget addiction(2) the guidelines shall be issued after due consultations with the concerned stakeholdersguidelines for the prevention of technological gadget addiction4511 the appropriate government shall take all measures to ensure effective co-ordination between services provided by concerned ministries and departments such as those dealing with health, law, home affairs, human resources, social justice, employment, education, women co-ordination within appropriate governmentand child development, medical education to address issues of technological gadget addiction512 (1) the appropriate government may, by notification, establish for the purposes of this act, a national research centre for prevention of technological gadget addiction and the research center shall conduct holistic research activities in the field of prevention of technological gadget addictionnational research center for prevention of technological gadget addiction(2) the central government may, by notification, specify the headquarters of the research center established by it under such-section (1)10\| 13 \|\|-------------------------------------------------------------------------------------------\|\| gazette specify, the education of prevention of technological gadget addiction shall be \|\| given as a compulsory subject in all educational institutions from such class onwards as \|\| may be determined by the appropriate government \|15compulsory teaching of prevention oftechnological gadget addiction in all educational institutions(2) subject to such rules, as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching prevention of technological gadget addiction in educational institutions14 (1) no photograph or any other information relating to a person with technological gadget addiction undergoing treatment at a technology detoxication center shall be released to the media without the consent of the person with technological gadget addiction20(2) the right to confidentiality of person with technological gadget addiction shall also apply to all information stored in technological or digital format in real or virtual spacerestriction on release of information in respect of technological gadget addiction15 the appropriate government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actprovision of funds by central governmentact to have overriding effect2516 the provisions of this act and of any rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules17 the appropriate government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act statement of objects and reasonsindia witnessed a technological revolution in the first decade of the 21st century the penetration of technology ensured that even the population living at the bottom of the economic pyramid can access the fruits of development the advent of cheap mobile telephony along with low cost internet enabled that citizens in the country have a greater access to information and thereby make more informed choices however like every other modern from of development, even technology came along with its set of externalities over a period of time, the phenomenon of excessive use of mobile phones, video games and technological gadgets such as laptops, tablets etc is being witnessed in the indian society this phenomenon is not just restricted to the urban areas but also in the rural parts of the country according to the telecom regulatory authority of india (trai) the total number of wireless telephone subscribers in india was 98869 million as of august 2015the problem of gadget addiction in the country is getting serious by the day the most harmful effect of the same can be seen on children who are getting addicted by such technological gadgets and are turning into couch potatoes excessive usage of television, mobile phones, video games and computing devices is not only hampering their physical, mental and psychological growth in the most productive years of their life but is also making them totally isolated from the societydue to this disorder, people stay glued into their technological gadgets at all times of the day may it be while driving or crossing the road or even while performing daily life tasks such as eating or using the washroom, people just cannot move away from their technological gadgets this problem is slowly but steadily penetrating into indian households and has the capability of destroying the ethos of cultural traditions of the country the excessive use of technological gadgets affects the premise or the foundation of a cohesive and collaborative society in a series of surveys conducted by global it security solutions firm kaspersky lab in the year 2015, 73 percent of the respondents in india were found to be 'digital addicts' in the year 2014, a study from 10 countries done by at kearney global research revealed that 53 per cent of indian respondents surveyed connected to the internet every waking hour which was higher than the global average of 51 per cent very little surveys has been done on this front at a national level and hence, there is also a pertinent need to conduct such independent surveys in the country to estimate the magnitude of the problem of technological gadgets disordermoreover, the excessive use of technological gadgets is extremely detrimental to the health of population especially young and growing children medical research has found that the children who spend more time on the internet have high chances of elevated blood pressure there is a tendency to use technological gadgets late in the night after switching off the light and hence, it severely affects the eye sight of human beings more so, it also induces sleeplessness among the addict usersthis phenomenon is termed as technological gadget addiction and is being slowly recognized as a serious problem in various countries in 2008, china became the first country in the world to declare internet addiction a clinical disorder in the year 2013, south korean government stated that one in every five students is addicted to smartphone usage in japan, a study published by the government stated that in the year 2013, 81% of approximately 100,000 junior-high and high-school students polled were likely to be "pathologically" addicted to the internet the government of south korea has passed a shutdown law also known as cinderella law whereby children under the age of 16 are not allowed to access gaming websites from midnight 12 am till 6 am in sanskrit, it is rightly said—vfrifjp;kr~vokk which means too much of acquaintance causes disrespect this very well hols true for technology and technological gadgets as wellhaving a mental disorder or an illness is considered as a taboo in indian society it is necessary that the taboo around such problems is removed and a more conducive environment is created so that the patients suffering from such problems can be treated in a more humane manner it is an imperative that technological gadget addiction is considered as a mental problem in the first place so that required awareness can be created about this problem persisting in the society digital detoxication centers will ensure that the patients suffering from gadgets or internet overdose are treated in an effective manner so that they can live a more peaceful and happy life moreover, this bill also mandates the creation of national research centre for prevention of technological gadget addiction in the country minimal research has been done on this front across the globe and hence, through this research center and its robust working, india can make significant contribution in solving the problem of technological gadget addiction in the world compulsory education of prevention of technological gadget addition will ensure that the most susceptible section of the society to such disorder-young children will become more aware about this problem and can be better placed to face the samewith efforts being made to promote the digital technologies in the country at every stage by the government, it is also necessary that appropriate laws are created in order to prevent the ill effects of the over usage of the same the need of the hour is to follow the age old time tested sanskrit adage—vfr loz= otz;sr~—let excess be avoided everywherehence this billvivek gupta financial memorandumclause 4 of the bill provides for publicity through public media clause 5 provides for the creation of digital detoxication centers clause 9 provides for addressing the human resource requirtment of mental health services and the training needsclause 12 provides for the establishment of national research center for prevention of technology gadget addiction a non-recurring expenditure of rupees one thousand and five hundred crore is also likely to be involvedclause 15 provides that the central government shall provide requisite funds for carrying out the purposes of the bill at this stage, it is not possible to estimate the amount to be incurred however, the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one thousand crore would be involved memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character rajya sabha———— a billprovide for the prevention of the rising problem of technological gadgets and addiction among the citizens in the country————(shri vivek gupta, mp)gmgipmrnd—3382rs(s3)—07-12-2015	Parliament_bills	209ced69-0a60-5add-9503-a84f9a620f8f
bill no 96 of 2014 the national judicial appointments commission bill, 2014 a billto regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and for their transfers and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and commencement2014definitions2 in this act, unless the context otherwise requires,––(a) "chairperson" means the chairperson of the commission; (b) "commission" means the national judicial appointments commission referred to in article 124a of the constitution;5(c) "high court" means the high court in respect of which recommendation for appointment of a judge is proposed to be made by the commission;(d) "member" means a member of the commission and includes its chairperson; (e) "prescribed" means prescribed by the rules made under this act; (f) "regulations" means the regulations made by the commission under this act3 the headquarters of the commission shall be at delhi10headquarters of commission reference to commission for filling up of vacancies4 (1) the central government shall, within a period of thirty days from the date of coming into force of this act, intimate the vacancies existing in the posts of judges in the supreme court and in a high court to the commission for making its recommendations to fill up such vacancies15(2) the central government shall, six months prior to the date of occurrence of any vacancy by reason of completion of the term of a judge of the supreme court or of a high court, make a reference to the commission for making its recommendation to fill up such vacancy20(3) the central government shall, within a period of thirty days from the date of occurrence of any vacancy by reason of death or resignation of a judge of the supreme court or of a high court, make a reference to the commission for making its recommendations to fill up such vacancy5 (1) the commission shall recommend for appointment the senior-most judge of the supreme court as the chief justice of india if he is considered fit to hold the office:25procedure for selection of judge of supreme courtprovided that a member of the commission whose name is being considered forrecommendation shall not participate in the meeting (2) the commission shall, on the basis of ability, merit and any other criteria of suitability as may be specified by regulations, recommend the name for appointment as a judge of the supreme court from amongst persons who are eligible to be appointed as such under clause (3) of article 124 of the constitution:30provided that while making recommendation for appointment of a high court judge, apart from seniority, the ability and merit of such judge shall be considered:provided further that the commission shall not recommend a person for appointment if any two members of the commission do not agree for such recommendation35 (3) the commission may, by regulations, specify such other procedure and conditions for selection and appointment of a judge of the supreme court as it may consider necessary6 (1) the commission shall recommend for appointment a judge of a high court to be the chief justice of a high court on the basis of inter se seniority of high court judges and ability, merit and any other criteria of suitability as may be specified by regulationsprocedure for selection of judge of high court40(2) the commission shall seek nomination from the chief justice of the concerned high court for the purpose of recommending for appointment a person to be a judge of that high court(3) the commission shall also on the basis of ability, merit and any other criteria of suitabilitiy as may be specified by regulations, nominate name for appointment as a judge of a high court from amongst persons who are eligible to be appointed as such under clause (2) of article 217 of the constitution and forward such names to the chief justice of the concerned high court for its views5 (4) before making any nomination under sub-section (2) or giving its views under sub-section (3), the chief justice of the concerned high court shall consult two senior-most judges of that high court and such other judges and eminent advocates of that high court as may be specified by regulations10(5) after receiving views and nomination under sub-sections (2) and (3), the commission may recommend for appointment the person who is found suitable on the basis of ability, merit and any other criteria of suitability as may be specified by regulations(6) the commission shall not recommend a person for appointment under this section if any two members of the commission do not agree for such recommendation15(7) the commission shall elicit in writing the views of the governor and the chief minister of the state concerned before making such recommendation in such manner as may be specified by regulations(8) the commission may, by regulations, specify such other procedure and conditions for selection and appointment of a chief justice of a high court and a judge of a high court as it may consider necessary20 7 the president shall, on the recommendations made by the commission, appoint the chief justice of india or a judge of the supreme court or, as the case may be, the chief justice of a high court or the judge of a high court:power of president to require reconsiderationprovided that the president may, if considers necessary, require the commission to reconsider, either generally or otherwise, the recommendation made by it:25provided further that if the commission makes unanimous recommendation after reconsideration, the president shall make appointment accordinglyofficers and employees of commission8 (1) the central government may, in consultation with the commission, appoint such number of officers and other employees for the discharge of functions of the commission under this act30(2) the terms and other conditions of service of officers and other employees of the commission appointed under sub-section (1) shall be such as may be prescribed(3) the convenor of the commission shall be the secretary to the government of india in the department of justice35procedure for transfer of judges9 the commission shall recommend for transfer of chief justices and other judges ofhigh courts from one high court to any other high court, and for this purpose, specify, by regulations, the procedure for such transfer10 (1) the commission shall have the power to specify, by regulations, the procedure for the discharge of its functions40(2) the commission shall meet at such time and place as the chairperson may directand observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meeting), as it may specify by regulationsprocedure to be followed by commission in discharge of its functionspower tomake rules11 (1) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act45(2) in particular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:––(a) the fees and allowances payable to the eminent persons nominated underclause (d) of article 124a of the constitution;50(b) the terms and other conditions of service of officers and other employees ofthe commission under sub-section (2) of section 8;(c) any other matter which is to be, or may be, prescribed, in respect of which provision is to be made by the rulespower to make regulations12 (1) the commission may, by notification in the official gazette, make regulationsconsistent with this act, and the rules made thereunder, to carry out the provisions of this act5(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—\| ( \| a \| ) the criteria of suitability with respect to appointment of a judge of the supreme \|\|---------------------------------------\|-----\|---------------------------------------------------------------------------------------\|\| court under sub-section ( \| 2 \| ) of section 5; \|\| 10 \| \| \|\| ( \| b \| ) other procedure and conditions for selection and appointment of a judge of \|\| the supreme court under sub-section ( \| 3 \| ) of section 5; \|\| ( \| c \| ) the criteria of suitability with respect to appointment of a judge of the high \|\| court under sub-section ( \| 3 \| ) of section 6; \|(d) other judges and eminent advocates who may be consulted by the chief justice under sub-section (4) of section 6;15(e) the manner of eliciting views of the governor and the chief minister under sub-section (7) of section 6;(f) other procedure and conditions for selection and appointment of a judge of the high court under sub-section (8) of section 6;20(g) the procedure for transfer of chief justices and other judges from one high court to any other high court under section 9;(h) the procedure to be followed by the commission in the discharge of its functions under sub-section (1) of section 10;25(i) the rules of procedure in regard to the transaction of business at the meetings of commission, including the quorum at its meeting, under sub-section (2) of section 10;(j) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations30rules andregulations to be laid before parliament3513 every rule and regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationpower to remove difficulties4014 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, after consultation with the commission, by an order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of a period of five years from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsthe constitution of india contains provisions for the appointment of judges of the supreme court and high courts including the transfer of judges from one high court to another high court the supreme court in the matter of the supreme court advocates-on- record association vs union of india in the year 1993, and in its advisory opinion in 1998 in the third judges case, had interpreted clause (2) of article 124 and clause (1) of article 217 of the constitution with respect to the meaning of ''consultation'' as ''concurrence'' consequently, a memorandum of procedure for appointment of judges to the supreme court and high courts was formulated, and the same is being followed for appointment2 after review of the relevant constitutional provisions, the pronouncements of the supreme court and consultations with eminent jurists, it is felt that a broad based national judicial appointments commission should be established for making recommendations for appointments of judges of the supreme court and high courts the said commission would provide a meaningful role for the judiciary, the executive and eminent persons to present their view points and make the participants accountable, while also introducing transparency in the selection process keeping this in view, a bill, namely, the constitution (one hundred and twenty-first amendment) bill, 2014 has been introduced in parliament which provides for the establishment of the national judicial appointments commission to discharge functions specified therein3 the national judicial appointments commission bill, 2014 inter alia provides for the time frame to initiate the process of filling up of vacancies in the supreme court and high courts and the procedure for selection of chief justice of india, chief justice of high courts and judges of the supreme court and high courts it further provides that if two members of national judicial appointments commission do not agree, then the commission shall not make such recommendation it also provides that the president may, if necessary, require the commission to reconsider the recommendation however, if the commission makes unanimous recommendations on such reconsideration, then the president shall make the appointment accordingly4 further, the bill provides that the national judicial appointments commission may make regulations inter alia specifying the criteria of suitability with respect to the appointment of judges of the supreme court and high courts, the procedure and conditions for selection and appointment of judge of the supreme court and high court, the procedure for transfer of judges from one high court to another high court and the procedure to be followed by the commission in the discharge of its functions5 the national judicial appointments commission bill, 2014 seeks to broad base the appointment of judges in the supreme court and high courts, enables participation of judiciary, executive and eminent persons and ensures greater transparency, accountability and objectivity in the appointment of the judges in the supreme court and high courts6 the bill seeks to achieve the above objectives new delhi;ravi shankar prasadthe 8th august, 2014 president's recommendation under article 117 of the constitution of india————[copy of letter no k-11016/1/2009-us ii, dated 8 august, 2014 from shri ravi shankar prasad, minister of law and justice to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed national judicial appointments commission bill, 2014, recommends to the house for the consideration of the bill, under article 117 (3) of the consitution of india———— financial memorandumsub-clause (1) of clause 8 provides that the central government may appoint such number of officers and other employees, as it may consider necessary, for the discharge of the functions of the national judicial appointments commission2 sub-clause (3) of clause 8 provides that secretary to the government of india in the department of justice shall be the convener of the commission3 item (a) of sub-clause (2) of clause 11 provides that the fee and allowances payable to eminent persons shall be such as may be prescribed4 the expenditure on account of the aforesaid provisions would be approximately rupees three crores on account of additional requirement of personnel in addition to the existing setup/secretariat at this stage, it is not practicable to make an estimate of exact expenditure, both recurring and non-recurring, likely to be involved in the financial year 2014-2015 however, the expenditure would be met from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill confers power upon the central government to make rules for carrying out the provisions of the bill the matters in respect of which rules may be made are—(a) the fees and allowances payable to the eminent persons under clause (d) of article124a of the constitution; (b) the terms and other conditions of service of officers and other employees of the national judicial appointments commission under sub-section (2) of section 8; and (c) any other matter which is to be, or may be, prescribed, in respect of which provision is to be made by the rules2 clause 12 of the bill confers power upon the national judicial appointments commission to make regulations consistent with the act and the rules made thereunder to carry out the provisions of the act the matters in respect of which regulations may be made are matters relating to—(a) the criteria of suitability with respect to appointment of a judge of the supreme court under sub-section (2) of section 5; (b) other procedure and conditions for selection and appointment of a judge of the supreme court under sub-section (3) of section 5; (c) the criteria of suitability with respect to appointment of a judge of the high court under sub-section (3) of section 6; (d) other judges and eminent advocates who may be consulted by the chief justice under sub-section (4) of section 6;(e) the manner of eliciting views of the governor and the chief minister under sub-section (7) of section 6; (f) other procedure and conditions for selection and appointment of a judge of the high court under sub-section (8) of section 6; (g) the procedure for transfer of chief justices and other judges from one high court to any other high court under section 9; (h) the procedure to be followed by the commission in the discharge of its functions under sub-section (1) of section 10; (i) the rules of procedure in regard to the transaction of business at the meetings of commission, including the quorum at its meeting, under sub-section (2) of section 10; and (j) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations3 the rules made by the central government and the regulations made by the commission shall be laid as soon as may be after they are made before each house of parliament4 the matters in respect of which the rules and regulations may be made are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character ———— a billto regulate the procedure to be followed by the national judicial appointments commissionfor recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and for their transfers and for matters connected therewith or incidental thereto————	Parliament_bills	bb646a0a-4ac5-563d-8fea-e113b6ba523d
•• bill no 126 of inz thf, industrial development bank of india (amendment) bill, 1982 a billfurther to amend the industrial development bank of india act, 1964 be it enacted by parliament in the thirty-third year of the republic of india as follows:-i this act may be called the indus~rial development bank of india short (amendment) act, 1982 title statement of objects and reasonsunder section 4 of the industrial development bank of india act, 1964, the authorised capital of the bank may be increa8e!d by the central government by notification up to two hundred crores of rupees a notification has accordingly been issued by the central government on the 12th may, 1980, increasing the authorised capital to two hundred crores of rupees and the same now stands fully subscribed further subscription to the capital of the development bank is, therefore, not possible unless section 4 of the act is suitably amended 2 the operations of the bank have been growing at the rate of 32 per cent per year since 1976-77 and are expected to grow by over 20 per cent in the next ~e years at present, the debt-equity ratio of the dev:elopment bank is in the range of 12:1 in a situation where the development bank has to take recourse to further borrowings to augment its resources; the imbalance in its debt-equity ratio can be a serious' constraint in view of the normal financial principles combined with the rapidly expanding operations of the development (bank, it has become necessary to take steps to set right the imbalance in the deb~uity ratio by enhancing its share capital it is, therefore, proposed to amend the act t9 enable the central government by notification to increase the authorised capital of the bank from the present limi, of two hundred crores; of rupees to five hundred crores of rupees 3 the bill seeks to achieve the above object new delhi; pranab mukherjee the 24th september, 1982 , president's recommendation under article 117 of the constitution of tndia[copy of letter no 10(41) /if-i/82, dated the 5th october, 1982 from shri pranab kumar mukherjee, minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the pro-!losed bill, recommends under clauses (1) and (3) of article 117 of the constitution, the introduction of the industrial development bank' of india (amendment) bill, 1982, in lok sabha and also recgmmentis to' lok sabha the consideration of the bill the above said recommendation was made by the president on the 29th september, 1982 ~ ,,: ~ \ -~-" - "'i ", i' i - '~ ~ , ~ ' clause 2 of the bill seeks to empower the central government· to increase the limit of the authorised capital of' the industrial development bank of india from two hundred crores of rupeesjto five hundred crores of rupees by notification from time to time at present, the authorised capital of the industrial development ~ank of india is rupees two, hundred crores the authorised; capital has been fully subscribed the proposed amendment woutd enable the central government to fix the authorised capital of the industrial development bank of india by notiflcationftom time to time 'taking into accouiltthe minimum requirements, within:the prescribed ~imit of five hundred crores of rupees the central govern· ment alone is empowered to subscribe to the share capital of the industrial development bank of india the central government will, therefore, be required to subscribe to the capital of the industrial development bank of india to the extent of the enhanced amount of authorised capital as may be fixed by notification from time to time after~the present limit of the authorised capital of two hundred crores of rupees is enhanced to rupees five hundred cror~s by the proposed amendment, an additional amount of rupees three hundred crores would be subscribed by the central government during the following years according to the present indications, the additional amount of rupees three hundred crores can be expected to be subscribed during the course of the next five years at an average rate of rupees sixty crores annually this would be a non· recurring expenditure from the consolidated fund of india the outgo of funds would be to some extent offset/by the profit transferred annually by the idbi to the government of india in 1981-82, the industrial development bank of india transferred an amount of rs 731 crares to the government of india 2 the bill would not involve any other recurring or non-recurring expenditure annexure extract from the industrial development bam of india acr, 1964(18 of 1964) - - - - authoris_ ed capital 4 the authorised capital of the de,velopment bank shall be one hundred crores of rupees: - provided that the central government may, by notification in the oftlc:ial gazette, increase the said capital up to two hundred crores of rupees - - - - a billfurther to amend the industrial development bank of india act, 1964 (shri prcitacib kumgr mukherjee, ifmtlte7' of finonce)	Parliament_bills	567bc128-8ab0-5e29-92e2-9a0b8a177bc9
bill no 232 of 2016 the gauhati high court (establishment of a permanent bench at silchar) bill, 2016 by ms sushmita dev, mp a billto provide for the establishment of a permanent bench of the gauhati high court at silcharbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title 1 this act may be called the gauhati high court (establishment of a permanent bench at silchar) act, 2016establishment of a permanent bench of gauhati high court at silchar statement of objects and reasonsthe gauhati high court for the states of assam, nagaland, mizoram and arunachal pradesh is located at gauhati out of the total submitted cases in gauhati high court, approx forty to forty-five cases belong to the districts of barak valley, namely, cachar, karimganj, hailakandi and dima hasaothe distance between these districts of barak valley and gauhati is a few hundred kilometres and the road and rail often remain interrupted during heavy monsoon due to landslides, etc the districts of the barak valley have a population of approximately forty lakh people have to travel long distance causing them immense inconvenience in order to reach the high court at gauhati to pursue their cases this is a great financial strain for the residents of the valley, most of whom belong to economically weaker families for long, there has been a demand from the persons living in the region that a bench of the high court be set up at silchar in cachar district which is very important town in the state of assamthe silchar town is developing as a center of trade and business it has hundreds of tea gardens and the presence of central public sector undertakings like the oil and natural gas corporation limited and the hindustan paper corporation limited therefore, establishment of a permanent bench at silchar in cachar district will help mitigate the problems of the persons residing in the barak valley regionhence this billnew delhi;sushmita devjuly 25, 2016———— a billto provide for the establishment of a permanent bench of the gauhati high court at silchar————(ms sushmita dev, mp)gmgipmrnd—2576l(s3)—04-10-2016	Parliament_bills	622c6563-bb05-57d6-85c0-1d515ecf791f
financial memorandumclause 3 of the bill provides that limit of insurance cover will be available for different accounts held jointly by depositors by treating them as separate accounts, this may involve additional expenditure in some cases a precise estimate cannot be made, it is likely that an annual tecurring expenditure of rupees ten crore may be involved no non-recurring expenditure is likely to be involved, annexureextract from tre depostr insurance and creprt guarantee corporatton act, 1961, (acr no 47 of 1961) 4 2 © ¥ " + definitions, (g) "deposit" means the aggregate of the unpaid balance due to a depositor (other than a foreign government, the central government, a state government, a corresponding new bank, a regional rural bank or a banking company or a co- operative bank in respect of all his accounts, by whatever name called, with a cortesponding new bank or with a regional rural bank or with a banking company or a co-operative bank and includes credit balances in any cash credit accounts but does not include, - 16, (1) fs liability of , corporation in respect of insured provided further that the total amount payable by the corporation to any one deposits depositor in respect of his deposit in that bank in the same capacity and in the same right shail not exceed one thousand and five hundred rupees: provided further that the corporation may, from time to time, having regard to its financial position and to the interests of the banking system of the country as a whole, raise, with the previous approval of the central government, the aforesaid limit of one thousand and five hundred rupees ¥	Parliament_bills	58cb4224-bb48-5962-a2b4-431ea823738b
the judges (inquiry) bill 1964 " billto regulate the procedure 10,- the i7lt1eltigctt~ sftd proof 'of' :, miabehaviour or incapacity of 4 judge of the supreme coon tir of a high coon am fo,-the present4tioft 01 4" add, : bsl parziament to the preside7lt be it enacted by parliament in the fifteenth year 01 the republic of india as follows:-l (1) thia act may be called the judgel (inquiry) act, 11k short dtll -d com (2) it shall come into force on such date 81 the central govera- mcace 5 ment may, by notification in the official gazette, appoint z in this act, unless the context otherwile requira,-(a) "judge" means a judge of the supreme court or of - high court and includes the chief justice of india and the chief justice of a high court; 10 (b) "special tribunal" means a special tribunal codlt1tuted under section 3j (c) ccprescribed" means prescribed by rule mad and this act a (1) if the presidedt, on receipt of a report or otherwise is tri tllvesei-~ wo~· j5 opinion that there are ,ood grounds lor malddr an brvestiptlod behaviour t!it into the misbehaviour or incapacity of a judge, he may constitute tr,::rr" a special tribunal for the purpose of making such ad investigatioll ~pee:i1 lind forward the grounds of such idvesu,atloll to the ipedal 1"rib-l trlhuaal , ,!: i· !~ (2) the special tribunal shall consist of such number of members, being not less than three in numiber, as the president may think fit to appoint from among persons who are or have been judges of the supreme court and one of them shall be appointed by ,the president as the chairman thereof (3) the special tribunal shall frame detmite charges against the judge on the basis of which the investigation is proposed to be held _ i (4) such charges together with a statement of the grounds on " which each charge is based shall be communicated to the judge and 10 he shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the special tribunal (5) where it is alleged that the judge is unable to discharge the duties of his office efficiently due to any physical or mental incapa- i, city and the allegation is denied, the special tribunal may arrange ,for the medical examination of the judge by such medical board as may be appointed by the president for the purpose and the judge 'shall submit himself to such medical examination within the time specified in this ibehalf by the special tribunal 20 (6) the medical board shall undertake such medical examination of the judge as may be considered necessary and submit a report to the special tribunal stating therein whether the incapacity is ,auch as to render the judge unfit to continue in office (7) the special tribunal may, after considering the written 25 statement· of the judge and the medical report, if any, amend the charges framed under sub-section (3) and in such a case, the judge ,shall be given a reasonable opportunity of presenting a fresh written statement of defence (8) the president may, if he so thinks fit, appoint a person to 30 conduct the case against the judge 4, (1)' subject to any rules that may be made in this behalf, the special tribunal shall have power to regulate its own procedure in making the investigation and shan give q reasonable opportunity to the judge of cross-examining witnesses, adducing evidence od behalf of the defenoe and of being heard 35 (2) after the close of the investigation, the special tribunal aba11 submit its report to the president stating therein its fbldinp on each of the charges separately with such observatlons on the whole case as it may think fit (3) the president shall cause the report submitted under iubsection (2) to be laid before each house of parliament s s for the purpose of making any investigation under this aet, ~ of the special tribunal shall have the powers of a civil court while ~buall trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:-(a) summoning and enforcing the attendance of any person 10 and examining him on oath; (b) requiring the discovery and production of document;· (e) receiving evidence on oath; (d) issuing commissions for the examination of witneuel or documents; i, (e) such other matters as may be prescribed 6 each house of parliament may take into consideration the r;~r:'e!:t report of the special tribunal in relation to the misbehaviour or tloa of incapacity of a judge and if the judge is to be removed from his ~~i= office on the ground of proved misbehaviour or incapacity, it shall 10 present an address to the president for such removal through the speaker of the house of the people, or the chainnan of the counell of states, as the case may be 'i (1) the central government may, by notiftca~on in the oftl-:r:r cial gazette, make rules to carry out the purposes of this act as (2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session imine-,0 diately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that" any such modification or annulment shall be without prejudice to the validity of j5 anything previously done under that rule, state!4ent of objects and reasonsunder the constitution, a judge of the supreme court or of a high co\ut may be removed from office on the ground of proved misbehaviour or incapacity of the judge after an address has been presented to the president for such removal by each house of parliament this bill seeks to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge and tw: the presentation of an address to the president r m hajarnavis the bill provides for the constitution of a special tribunalfoj; the purpose of making an investigation into the misbehaviour or incapacity of a judge the appointment of a special tribunal, if and when constituted, will involve lome expenditure from the consolidated fund of india and the amount of expenditure will depend upon the nature of the investigation to be made by the special tribunal it is not, however, possible at this stage to say whether it would be necessary to constitute any special tribunal or to give an estimate of the amount of expenditure, if an,, likq to b incurrecl iildiorandum regarding delegated legislationclause t of the bill empowers the central government to make rules to oarry out the purposes of the bill when enacted the matters in respect of which rules may be made relate to the procedure to be followed by the special tribunal and the powers of the special tribunal them are matters of detail and the deleaatiod et l,wati power 11 of - nonqal charac1er a bill to rcjulate the procedure for the investigation and pro)f of the misbehaviour or incapacity of a judge of the supreme court or of a high court and for the presentation of an address by parliament to the president (shri r m hajarnavis, minister of state in the ministry 0/ home affairs)	Parliament_bills	923f9de1-ccfd-58e4-8b1c-86fa25a91e1c
financial memorandumclause 3(1) of the bill provides for the framing of an insurance scheme for the unorganised workers clause 3(2) provides that the government and employer of unorganised workers shall each contribute ten percent of the wages payable to each of the unorganised workers to the insurance scheme clause 3(3) provides that the expenditure on the enforcement of the insurance scheme shall be borne by the government the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annum a non-recurring expenditure of about tupees two crore is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to frame rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character	Parliament_bills	f162f84a-3616-511e-a885-4ae2f708d7a0
bill no 91 of 2017 the vexatious litigation (prevention) bill, 2017 by dr ramesh pokhriyal 'nishank', mp a billto prevent the institution or continuance of vexatious proceedings, in civil and criminal matters in the high courts and courts subordinate thereto and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— 1 (1) this act may be called the vexatious litigation (prevention) act, 2017(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 (1) an application for declaring a person as a vexatious litigants, may be filed in the appropriate high court—declaration of a person as a vexatious litigant(a) by the advocate general or in absence of advocate general, by a senior advocate nominated by the high court in this behalf; or10(b) by the registrar general of the high court; or (c) with the leave of the high court, by a person against whom the proceedings,civil or criminal, have been instituted or are being continued5(2) if, on application being filed under sub-section (1), the high court is satisfied that any person has habitually and without any reasonable ground instituted vexatious proceedings, civil or criminal, in any court, whether against the same person or against different persons, the high court may, after giving the person who has instituted such proceedings, an opportunity of being heard, declare that person as a vexatious litigant and shall also order as provided under sub-section (1) of section 4:10provided that if an application is filed by any person referred to in clause (b) or(c) of sub-section (1), the advocate general or, in the absence of advocate general, such senior advocate, as may be nominated by the high court in this behalf, shall also be heard 3 (1) subject to the provisions of sub-section (2) when the high court under subsection (2) of section 3 or under sub-section (2) of section 6 declares a person as a vexatious litigant, it shall also order that—15(a) no vexatious proceeding, civil or criminal, shall be instituted by the said person in the high court or in any other court subordinate to that high court; and leave of court necessary for vexatious litigant to institute or continue any civil or criminal proceedings(b) no vexatious proceeding, civil or criminal, already instituted by the said person in the high court or in any other court subordinate to that high court, shall continue without obtaining the leave of the appropriate court or appropriate judge20(2) it shall not be necessary for the person declared as a vexatious litigant to obtain leave in the following cases—(a) where such person has instituted a proceeding in the appropriate court before the appropriate judge for the purpose of obtaining leave; or(b) where, in any matter instituted against him, such person proposes to file or take appropriate proceedings to defend himself; or25(c) where, in a proceeding instituted or continued by such person after obtaining leave from the appropriate court or the judge, the said person proposes to file or take appropriate further proceedings30(3) the leave under sub-section (1) shall not be granted unless the appropriate court or the appropriate judge, as the case may be, is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie reasonable ground for granting leave to institute or continue proceedings by the person declared as a vexatious litigantpublication and communication of order354 (1) every order made under sub-section (2) of section 3, declaring any person as avexatious litigant, shall be published in the official gazette and may also be published in such other manner as the high court may direct(2) every order referred to in sub-section (1) shall also be communicated to all the courts subordinate to the high court which passed such order405 (1) where any proceedings, civil or criminal, is instituted or continued in any court by a person against whom an order under sub-section (1) of section 3 has been made without obtaining the leave required to be obtained from the appropriate court or appropriate judge, such proceedings shall be dismissed by the said court(2) the court while dismissing the proceedings under sub-section (1) shall, in addition, further direct such vexatious litigant to pay costs45(3) every person referred to in sub-section (1) who has instituted or continued any proceedings without leave as aforesaid, may also be liable for punishment for contempt of the high court which had passed the order under sub-section (1) of section 3proceedings, civil or criminal, instituted or continued without leave of the appropriate court to be dismissed and other consequencesdeclaration and order by more than one high court6 (1) where any person against whom an order under sub-section (1) of section 3has been made by a high court, institutes or continues any proceedings, civil or criminal, in another high court or in a court subordinate to such high court, then the person referred to in sub-section (1) of section 2 may make an application to such high court for declaring such person as a vexatious litigant5(2) if, on an application filed under sub-section (1), the high court is satisfied that any person has been declared as a vexatious litigant under sub-section (2) of section 2, by another high court, the high court may, after giving an opportunity of being heard to the person who has instituted or continued any proceeding, civil or criminal, declare that person as a vexatious litigant and shall also order as provided under sub-section (1) of section 310(3) where an application under sub-section (1) is filed, the provisions of sub-sections(2) and (3) of section 2, and sections 3, 4 and 5 shall apply in relation to such application7 (1) every high court may make rules for implementing the provisions of this act (2) all rules made under this section shall be published in the official gazettepower of high court to make rules15saving8 the provisions of this act shall be in addition to and not in derogation of the provisions of any other law providing for striking out vexatious pleadings or prevention of abuse of process of law, or which require consent, sanction or approval in any form of any other authority for the institution or continuance of any civil or criminal proceeding statement of objects and reasonsfrivolous and vexatious litigations are the cause of concern for the courts for quite some time often, this matter has been highlighted by various courts and the law commission has also favoured for a check on the filing of frivolous and vexatious proceedings at times, it has been seen that many persons abuse the process of law and indulge in the habitual and intentional filing of frivolous and vexatious civil or criminal proceedings to harass other persons without any reasonable ground it has also been observed by the courts that some persons habitually and persistently file cases on the issues, which have already been decided once or more than once against some parties or their successors or against different parties besides the harassment, filing of such proceedings also leads to wastage of the precious time of the law courts which are already burdened such frivolous litigation cause unnecessary and avoidable strain on the states' resources in the area of dispensation of justicethere is no denying of the fact that every person has the right to file civil or criminal proceedings against any other person, but a check is necessary to allow the court to examine the bona fide of a person filing the proceeding many countries in the world, like the usa, the uk have enacted a law on the filing of frivolous and vexatious litigation in our country also, there is a law on the subject in two states, ie, tamil nadu and maharashtrain view of the concern expressed by the courts, it is necessary that a central law be enacted to prevent the filing of frivolous and vexatious complaints by declaring such a person as vexatious litigant, who may thereafter be barred from filing or continuing any such complaint without the permission of the high court or the appropriate court it is also felt that if a person is declared as vexatious litigant, provision should also be made to punish him for the contempt of the court besides directing him to pay the costhence this billnew delhi;ramesh pokhriyal 'nishank'march 31, 2017 memorandum regarding delegated legislationclause 7 of the bill empowers the concerned high court to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto prevent the institution or continuance of vexatious proceedings, in civil and criminal matters in the high courts and courts subordinate thereto and for matters connected therewith or incidental thereto————(dr ramesh pokhriyal 'nishank', mp)	Parliament_bills	b5b25ce6-22c9-5f1b-bba0-73abcbf7f64b
bw no 48 of 1m4 the additional duties of excise (goods of special importance) amendment bill, 1984 a billfurther to amend the additional duties of excise (goodl of specigl importance) act, 1957 be it enacted by parliament in the thirty-fifth year of the republic of india as follows:-1 (1) this act may be called the additional duties of excise short (goods of special impor:tance) amendmen,t act, 1984 title and com-~ (2) it shall be deemed to have come into force on the 1st day of april, mace-1984 ment z in the additional duties of excise (goods of special importance) act, 1957 (hereinafter referred to as the principal act), in the long title, for the words, figures and letters "report dated the 28th day of october, amendment of long title of act 58 of 19&'1 [0 ] 978", the words, figures and letters "interim report dated the 14th day of november, 1983" shall be substituted 3 in the principal act, in the second schedule,-amendment of second schedule (0) in paragraph 1, for the words, figures and letters "each 01 the fin:tncial yearr commencing 011 and after the 1st day of april, 1979, there !':hall be paid", the ~r~res and letters "the finan-' cial year commencing on the itt ,· of april 1984, ther~ iih"u ~ paid, provisionally," shall be substituted; (b) in pantii'ipii 2, for the words, leuen "eacb 01 the financial years conunencing on and after the lst day of april, 1979, there shall be paid", the words, figures and letters "the fblu'" cial year comcncing on the 1st day of april, 1984, there hall be paid, provisionally," shall be substituted; 5 (e) in paragraph 8,-(i) for the words, figures and letters "each of the fbi_cial years eornnlencing on and after the 1st day of april, 19'19, there !;hall be paid", the wfords, figures and letters "the financial year commencing on the lst day of april, 1984, there shall be paid, 10 provisionally," shall be substituted; (ii) for the table, the following table shall be subltituted, namely:-15 !kate "'11 '" i - go ~ '01 8', 7'8', ojuat "0', , ··719 hi- ·1 pnideah ·'734 ja_a aad kulunlr ·'7" lunlmaka '·01 - 115 kenla 4'0'9 mimihya pradesh 6·4·t maharuhtra ,, maalpar 0·15 mesbalaya - 0"7' 30 napiaad ··oif on "45& paaj-b 4·11fi6 rajutbaa 4·165 8jiddm 0·03f taml1n 7'7°7 35 t ra " 0'" uttarprad b •• mot weft be t • 091 --- -- - '-- _- -- --- --against the sta te of "pm jab", under the heading the additional nur 1es of excise (goom of special importance) the net proceeds of the additional duties of excise levied under the additional duties of excise (goods of special importance) act, 1957, on sugar, tobacco, cotton fabrics, woollen fabrics and man-made fabrics in replacement of the states' sales-tax on these commodities are distribu ted hl accordance with the provisions of that act 2 the seventh finance commission had determined the shares attributable· to union territories and each of ,the states on the basis of: (a) in the case of sugar, average despatches of sugar to the union territories and ~ each state durin, the three years- ending 1976-77j (b) in the case of textiles and tobacco, population according to the 1971 census and the average per capita state domestic product, and had indicated percentage shares attributable to union territories and payable to each state in respect of each commodity the present distribution among the states is governed by those recommendations of the seventh finance commission 3· the eighth l<'inance commission in its interim report have recommended that in respect of the distribution between the union and the slates of the net proceeds of additional duties of excise in lieu of salestax, the existing arrangements may continue provisionally during the financial year commencing on the 1st day of april, 1984 the commission have further recommended that the state of sikkim slrould also receive a share from the proceeds of additional duties of excise on textiles in lieu of sales-tax as the levy of sales tax thereon has been withdrawn by that state and that the percentage shares of all states including sikkim, in this levy which have been worked out by the seventh finance commission should be applied for inter se distribution in the financial year 1984-85 4 this bill seeks to amend the additional duties of excise (goods of special importance) act, 1957 for giving effect to the above recommendations of the commibsion new delhi; pranab mukherjeethe 23rd april, 1984 clause 3 of the bill seeks to amend the second schedule to the adell tional duties of e)tcise (goods of special importance) act, 1957, to provide for payment to states of their share of additional duties of exci,e on sugar, tobacco, cotton fabrics, woollen fabrics and man-made fabrics levied and collected under the said act in terms of the act, the entire n'?t proceeds, except the proceede attributable to the union territories, are distributable to tire states it is estimated that the payments to the states on this account during the financial year 1984-81) will amount to rs 74892 crores 2 the bill does not involve any non-recurring expenditure annexure extracts fkom the aodltion~l duties of excise (goods of special importance) act~ 1957 (58 of 1957)an act 10 provide for the levy and collection of additional dut1es of excise on c2rtain goods and for the distribution of a part of the net proceeds thereof among th& states in pursuance of the principles of distribution formulated and the recommendations made by the finance commission in its report dated the 28th day of october, 1978 - - - - the second schedule (see section 4) disbribution of additi0'n4l duties1 during each of the financial years commencing on and after sagar the 1st day of april, 1979, there shall be paid to each of the states specified in column 1 of the table below such percedltage of the net proceeds of additional duties levied and collected during that financial year in respect of sugar, after deducting therefrom a swn equal to 3271 per cent of the said proceeds as being attributable to union ·territories, as is set out against it in column 2: provided that if during that flnancial year there is levied and collected in any state a tax on the sale or purchase of sugar by or under any law of that state, no swns shall be payable to that state under this paragraph in respect of that financial year, 11!11ess the central government by special order otherwise directs - - - - - - 2 during each of the financial years commencing on and after toncco the 1st day of april, 1979, there shall be paid to each of the states specified in column 1 of the table below such percentage of the net proceeds of additional duties levied and collected during that financial year in respect of tobacco, after deducting therefrom a sum equal to 2192 per cent of the said proceeds as being 81ttri- ' butable to union territories, as is set out against it in column '2: provided that if during that financial year there is levied and collected in any state a tax on the sale or purchase of tobacco by or under any inw of that state, no sums shall be payable to that state under this paragraph in respect of that financial year, udless the central government by special order otherwise directs 3, durin, each ot the finaucial yeu'l commencin, on and after the lit day of april, 1979, tjbere shall be paid to each of the statel specified in column 1 of the table below such percentage of the net proceeds of additional duties levied and collected during that financial year in respect of cotton f4¥cs, woollen fabrics and manmade fabrics, after deducting therefrom a sum equal to 2192 per cent of the said proceeds as being attributable to union territories, as is set out against it in column 2: provided that if during that financial year there is levied and colleotcc:iin an" state a tax, on the sale or purobase of cotton fabries, :woollen fabrica or man·made·· fabrics or one or more of them,by ,or under any jaw of that state, no sums shall be payable to that st&te wlcier,this paragraphm respect of that financial yea • , ,uless ,the (ceatral government by ·special ordfll" otherwise directs state percentage ---_- ---------l:!'ollo ainn ' bihar , "lil1l li' 790 ou,;-rat ~, ~ipradeah, 0' 734 jamjjw;lujd kaabmir 0'744-karoawca , 6' 083 keraja , 4'ollo madhya pradesh mabarubtra , 0'171 manipw m~ nagaland 0'084-orima , 3'457 pun • 4'li70 ra;tii" 4'566 tamilndu , 7'710 0'157 112'549 uttar ' - welt ieiipi , a billfurther 10 amend the additional duties of excise (goods of special importance) act, 1957 (shri pranab kumar mukherjee, minister oj finance)	Parliament_bills	3a86e677-634c-5de1-95e8-63965cc78207
bill no 65 of 19r2 _--_ ,_--- tile drugs and cosmetics (amendment) bill, 1982r - a bill further to amend the drugs and cosmetics act, 1940 be it enacted by parliament in the thirty-third year of the republic of indi'b as follows:-1 (1) this act may be c'blled the drugs and cosmetics (amendment) act, 1982 short title and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint - of 184(1 2 in the drug and cosmetics act, 1940 (hereinafter referred to as the principal act),-10 (a) for the words and brackets' "ayurvedic (including siddha) or unani", wherever they occur, the words "ayurvedic, 5iddha or unani" shall be substituted; substitution of certain expressions by new expr slons, (b) for the words and brackets "ayurvedic (including siddha) and unani", wherever they occur, the word!s "ayurvedic, ~iddha 8nri unan!" !shall ~ substituted, 3, in section 3 of the principal act~(4) in clause (a) ,-amendment of mctjon 3 (i) for the words icdisease in human beings, mentioned in, and processed and manufactured", the words "disease or disorder in human beings or animals, and' ~anufactured" shall be substi- 5 tuted; (ii) for the words and brackets "ayurvedic - (including siddha) and unani (tibb) systems of medicine", the words "ayurvedic, siddha and unani tibb systems of medicine" shall be substituted; 10 (b) in clause (00), in s1,lb-clause (i), for the words "ayurved!c nnd unani drugs technical advisory board", the words "ayurvedic, siddha and unani drugs technical advisory board" shall be' sub-~m~; : (c) in clause (aaa), the words ", but does not include soap" 15 shall be omitted; (d) in clause (b) ,-(1) for sub-clause (i), the following sub-clause shall be substituted, namely:-"(i) all medicines for internal or external use of human 20 beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of 25 repelling insects like mosquitoes;"; (2) after sub-clause (ii) , the following sub-clauses shall be inserted, namely:-,i (iii) all substances intended for use as components of a drug lncluding empty gelatin capsules; and (iv) such devices intended for internal or external use 30 in the diagnosis, treatment, mitigation or prevention' of disease or disorder in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette, after consultation with the board'''' 35 , , (e) in clause (1), for the words "sale and distribution", the words "sale or distribution" shall be substituted; (f) for clause (h), the following clause shall be substituted, namely:-i (h) "pa~ent or proprietary me~cine" means,-40 (i) in relation to ayurvedic, siddha or uriani tibb systems of medicine all formulations confaining only such ingredients mentioned in the formulae described in the authoritative books of ayurveda, siddha or unani tibb systems of medicine specified in the first schedule, but does 45 not include a medicine wbich is administered by parenteral the drugs af"jdcos1'1etics (amendhent) bill, 1982 l-to be/as introduced in 10k sahha 71 - p ag~ e, line 30,-m "rlcti tious" mad "rieti tious" 2 page 10, - ~ line 37, ~-"dr, unless ~e alleged offence is suc'b that the defeat may ,be" 3 page 12, in the idargirla;l heading to section 27,-fill: "sales," read "sale," 4 page 16, lines 5 and 6,_ !su: ''pharmacopia'' uaa "pharmacopoeia" 5 page 18, lirie 32,-for "33 ed" ~ "33eed" ne~1 delhi; april "10, 198~2~---,~-:--~ v~saltha 10, 1904 (saka) route and also a fonnulation included in the authoritative books as specified in clause (a); - (ii) in relation to any ot~er systems of medicine, a drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which is not included in the edition of the indian phannacopoeia for the time being or any other pharmacopoeia authorised in this behalf by the central government after consultation with the drugs technical advisory board constituted under section 5;' 10 4 for the heading under chapter iii, the following heading sltall be substituted, namely:- "import or drugs and cosmeti'cs"5 for section 9 of the principal act, the following section shall be 15 8ub~tituted namely:-substitutionof new headinl tor headin, under chapter ut subltitution of new ectien tor ectfon 9 misbranded clrull "9 for the purposes of this chapter, a drug shall be deemed to be misbranded-(a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or ~o greater therapeutic value than it really is; or (b) if it is not labelled in the prescribed manner; or (c) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular" 25 6 for sections 9a and 9b of the principal act, the following sections hall be substituted, namely:-"9a for the purposes of this chapter, a drug shall be deemed to be adulterated,-substitution of new ii ectlona ga, 9b, 9c and 9d for sectiona 9a, and lib adulterated drull (a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or (b) if it has been prepared, packed or s,red under insanitary conditions whereby it may have been contaminated with filth or whereby ~t may have been rendered injurious to health; or -" /" 'al,f (c) if its container is composed in whole or in part, ot any poisonous or deleterious sl,lbstance which may render the contents injurious to health; or (d) i~ it bears or contains, for purposes of colouring only, ii colour other than one which is prescribed; or 5 (e) if it contains any harmful or toxic substance which may render it injurious to health; or (f) if any substanqe has been mixed therewith 80 as to reduce its qualiiy or strength 9b for the purposes of this chapter, a drug shall be deemed to to be spuriou~ , spurious drugs (a) if it is imported under a name which belongs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another· drug in a manner likely to deceive 15 or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so '88 to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual io or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has ~n substituted wholly or in part by another drug or substance; or (e) if it purports to be ttl:! product of a manufacturer of i5 whom it is not, truly a product 9c for the purposes of this chapter, a cosmetic shall be deemed to be misbranded-misbranded cosmetics (a) if it contains a colour which is not prescribed; or (b) if it is not labelled in the prescribed manner; or (c) if the lahel or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular spurious cosmetica 9d for the purposes of this chapter, a cosmetic shall be deemed to be spurious,-55 (a) if it is imported under a name which belongs to another cosmetic; or (0) if it is an imitation of, or is a substitute for another cos-, " metic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name 40 of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its true character and it, lack of idenuq' with suck~ other cosmet1c~ or (c) 1f the label or container bears the name of an individual or a company purporting to be the manufacturer of the co'imetic which indivldual or company is fictitious or does not exist; or 5 (d) if it purports to be the product of a manufacturer of whom it is not truly a product" 7 in section 10 of the -principal act,-amendment of (a) in clause (b), for the words "or misbranded cosmetic", the section words "or misbranded or spurious cosmetic" shall be substituted; 10 10 (b) in clause (bb), for the word "adulterated", the worda ''adulterated or spurious" shall be substitutedj (c) in clause (d), for the words "the true formula or list of ingredients contained in it, in a manner readily intelligible to the members of the medical profession", the words "the true formula 15 or list of active ingredients contained in it together with the quantities thereof" shall be substituted; (d) the exptanation shall be omitted 8 after section 10 of the principal act, the following section shall be insertion inserted, namely: _ of new section loa lzo lz5 "loa without prejudice to any other provision contained in this ch'apter, if the central government is satisfied that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do then, that government may, by notification in the official gazette, prohibit the import of such drug or cosmetic" power of central government to prohibit importdf dru;' add cosmetics in public interest t in section 12 of the principal act,-amend_ ment of section 12, (a) in sub-section (1), for the words "after consultation with the board", the words "after consultation with or on the recommendeltion of the board" shall be substituted; (b) in sub-section (2),-35 (i) in clause (a), for the words "and prescribe the form and conditions of such jicences, the authority empowered to issue the same, and the fees payable therefor", the words "and prescribe the form and conditions of such licences, the authority empowered to issue the same i the fees payable therefor and provide for the cancellation, or suspension of such licence in any ease where any provision of this chapter or the rules made thereunder is contravened or any of the conditions subject to which the licence is issued is not complied with" shall be substituted; 45 (ii) in clause (cc), for the word, figur8 and letter; "section 9b", the word, figure and letter "section 9a" shall be subgtituted; (iii) in clause (k), after the words "of imported drugs or cosmetics", the words "including the use of packing material which comes into direct contact with the drugs" shall be inserted , 10 for section 13 of the principal act, the following section shall be 5 substituted, namely:-substitution of new sect_ fdr section 11 "13 (1) whoever himself or by any other person on his behalf imports,-(a) any drug deemed to be adulteratecl under section 9a or deemed to be a spurious drug under section 9b or any spurious 10 cosmetic referred to in section 9d or any cosmetic of the nature referred to in clause (ee) of section 11) shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees; (b) any drug or cosmetic other than 8 drug or cosmetie 15 referred to in clause (a), the import of which is prohibited under section 10, or any rule made under this chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both; 20 (c) any drug or cosmetic in contravention of the provisions of any notification issued u~der section loa, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees, or with both 25 (2) whoever having been convicted of an oifence,-(a) under c1ause (a) or clause (c) of sub-section (1), ill again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees, 30 or with both; (b) under clause (b) o£ sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both 35 (3) the punishment provided by this section shall be in addition to any penalty to which the offender may be liable under the provisions of section· 11" amendment of lectlon hi 11 in section 15 df the principal act, for the words "of a presidency magistrate or of a magistrate of the first class", the words "of a metro- 40 politan magistrate or of a judicial magistrate of the first class" shad be substituted 12 in the heading under chapter iv, for the word "drugs", the words "drugs and cosmetics" shall be substituted amendment of beading under chapter iv 13 for sections 17, 17a and 17b of the principal act, the following sections shall be substituted, namely:-subslitution of new sections for sections 17,17a and 1m 5 "17 for the purposes of this chapter, a drug shall be deemed to be misbranded,- misbranded drup (a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of bettel' or greater , therapeutic value than it really is; or (b) if it is not labelled in the prescribed manner; or 10 (c) jf its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular 15 17a for the purposes of this chapter, a drug shall be deemed adulterato be adulterated,--ted druis (a) if it comists in whole or in part, of any filthy, putrid or decomposed substance; or (b) if it has been prepared, packed or stored under' in-20 sanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or (c) jf its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the con-25 tents injurious to health; or (d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or (e) if it contains any harmful or toxic substance which may render it injurious to health; or 30 (f) if any substance has been mixed therewith so as to reduce its quality or strength 17b for, the purposes of this chapter, a drug shall be deemed to spurioutl be : drugs sp ous,-(a) if it is manufactured under a name which belongs to 35 another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upoa its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, 5 which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product 10 17c for the purposes of this chapter, a cosmetic shall be deemed to be misbranded,-misbrandedcosliletics (4) if it contains a colour which is not prescribed; or (b) jf it is not labelled in the prescribed manner; or (c) if the label or container or anything accompanying the 15 cosmetic bears any f;tatement which is false or misleading in any particular spurious cosmetics 17d for the purposes of this chapter, a cosmetic shall be deemed to be spurious,-(4) if it is manufactured uncler a name which belongs to 20 another cosmetic; or (b) if it is an imitation of, or a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic unless it is plainly and conspicuously marked ~o 25 as to reveal its true character and its lack of identity with such other cosmetic; or (c) if the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not· exist; or 30 (d) if it purports to be the product of a manufacturer of whom it is not truly a product" (a) in clause (4) ,-amendment of section 18 (i) in the opening portion, for the words "manufacture for 35 sale, or sell, pr stock or exhibit for sale,", the words "manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale," shall be substituted; (ii) for sub-clauses (i), (ii) and (iia), the fonowfng-subclauses shall be ·15ubstituted, namely:-40 "(i) any drug which is not of a standard quality, or is misbranded, adulterated or spurious; (ii) any cosmetic which is not of a standard qua!tty is misbranded or spurious;"; 5 (iii) in sub-clause (iii), for the words "the true formula or 11st of ingredients contained in it in a manner readily intelligible to the members of the medical profession", the words "the true formula or list of active ingredients contained in it together with the quantities thereof" shall be substituted; 10 (b) in clause (b), for 'the words "sell, or stock or exhibit for sale,", the words "sell, or stock or exhibit or offer for sale," shall be iubstituted; (c) in clause (c) ,-(i) for the words "manufacture for sale, or sell, or atock or exhibit for sale,", the words "manufacture for sale or for distribution, or sell, or stock or exhibit or 01feto for sale," shall be 15 substituted; (ii) in the second proviso, fur the words "manufactlre fer sale, sale", the words "manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale" shall be substituted; 20 (iti) the explaftattoft shall be omitted 15 after section 18a of the pr'incipal act, the following section shall be inserted, namely:-iuertlod of new i section lab "isb every person holding a licence under clause (c) of section 18 shall keep and maintain such recorsis, registers and other documents as may be prescribed and shall furnish to any officer or authority exercising any power or discharging any function under this act such information as is required by such officer or authority for carrying out the purposes of this act" malntenance of records bdd turnuhini of information, 16 in section 19 of the principal act, in sub-section (2), in the opening ,amend-30 ,tion, for the wotd "adulterated", the words "adulterated or spurious" ~~~:~ • shall be substituted -17 in section 20 of the princi,pal act, after sub-section (3), the following sub"section shall be inserted, namely:-amendment of section 20 "(4) no person who has any financial interest in the import, sj manufacture or sale of drugs or cesmetics shall be appointed to be a government anal1yst und!er sub-section (1) or sub-section (2) of this section" 18 in section 21 of 'the principal act, in su~on (4), after the amendwords "such authority", the words ", haviog the prescribed qualiftcamet 01 40 tion'·, shall be inserted aectioftil 19 in section 22 of the principal act,-(1) in sub-section (1) ,- aaiddaent of u0ll22(a) for clauses (a), (b) and (c), the following clauses shall be substituted, namely: -i "(a) inspect,-5 (i) any premises wherein any- drug or cosmetic ii being manufactured and the means employed lfor s18dci-ardising and testing the drug or cosmetic; (ii) any premises wherein any drug or cosmetic ii being sold, or stocked or exhibited or offered for saje 10 or distributed; (b) take samples of any drug or cosmetic,-(i) which is being manufactured or being sold or is stocked or exhibited or offered tor sale, or is being distributed; 15 (ii) from any person who is in the course of conveying, deliv~ring or preparing to deliver such drug or cosmetic to a purchaser or a consignee; (c) at all reasonable times, with such assistance, if any, as he considers necessary ,-110 (i) search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this chapter has been, or is being, committed; or (ii) enter and search any place in which he baa 25 reason to believe that an offence under this ch~ter hu been, or is being committed; or (iii) stop and search any vehicle, vessel or other cosveyance which, he has reason to 'believe, is being used for carrying any drug or cosmetic in respect of 30 which an offence under this chapter has beeh, or 11 being, committed, and order in writing the person in possession of the drug or cosmetic in respect of which the oifenf"e has been, or fs being, committed, not to dispose of any stock of such drug 35 or cosmetic for a specified period not exceeding twenty days, or cosmetic for a specified period not exceeding twenty days, removed by the possessor of the drug or cosmetic, seize the stock of such drug or cosmetic and any substance or article by means of which the offence has been, or is being, com- 40 mitted or which may be employed tor the commlssion of sueh offence;"; (b) in clause (cc), for the words, brackets and letter "in any plac~ mentioned in clause (c) if, the words, brackets and letter "with any person, or in any place, vehicle, vessel-or other 45 eonveyance referred to in clause (c)" shall be substituted; '(e) after clause (cc), the following clafise shall be inserted, dlmely:- 5 "(eca) require any person to produce any record, register, or other document relating to the manufacture for sale or for distribution or for stocking or for exhibition for sale or for offer for sale or for distribution of any drug or cosmetic in respect of which he has reason to believe that an offence under this chapter has been, or is being, committed;"; (2) in sub-section (2) ,-10 ii of 1818 lofl" (a) for the words and ftgures "the code of criminal procedure, 1898", the words and figures "the code of criminal procedw'e, 1973" shall be substituted; (0) for the word and figures "section 98", the word and 15 figures "section 94" shall be substituted; (3) after sub-section (2), the 'following sub-section shall be inserted, namely:-ii (2a) every record, register or other document seized under clause (cc) or prociuced under clause (cca) shall be 20 returned to the person, from whom they were seized or who produce the same, within a period of twenty days of the date of such seizure ot' production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken"; 25 (4) in sub-section (3), after the words "under this chapter,", the words, brackets, letters and ftgure "or refuses to produce any record, register or other document when so required under clause (cca) of sub-section (1);' shall be inserted 29 in section 23 of the principal act, in clause (b) of sub-section amend 30 (5) and in sub-section (6), for the words "a magistrate", the words "a ment of judicial magistrate" shall be substituted section 21 21 after section 26 of the principal act, the following section shall ldsertion be inserted, namely: -of new ilection 28a 55 "26a without prejudice to any other provision contained in thil chapter, if the central government is satisfied, fhat the use of any drug or cosmetic i"l likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that government may, by notification in -the official gazette, prohibit the manufacture, sale' or distribution of such drug or cosmetic ; power of central government to prohibjt manufacture, etc, of dru, ind· -detlc: ta pubul ia""" %2 for sections 27 and 27a of the principal act, the following sections shall be substituted, namely:-subltltu tion of new lections for sections 2'1 and 2'7a "27 whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhi- bits or offers for sale or distributes,-5 penalt:v for manufacture, sales, etc of cirupin contravention 01 this chapter (/i) any drug deemed to be adulterated under section 17a or spurious under section 17b or which when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any dhiease· or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to 10 grievous hurt within the meaning of section 320 o'f the indian penal code, solely on account of such drug being adulterated or 45 of 1880 spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which &hall not be less than five years but which may ext~rid to a term of life and 15 with fine which shall not be less than ten thou1l8nd rupees; (b) any drug-(i) deemed 10 be adulterated under section l'ra, but not being a drug referred to in clause (0), or (ii) without a valid licence as required under clause 20 (c) of section 18, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees: provided that the court may, for any adequate and special 25 reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year and of fine of leas than five thousand rupees; - (c) any drug deemed to be spurious under section 17b, but not being a drug referred to in clause (a) shall be punishable 30 with imprisonment for a term which shall not be less than three yeanl but which may extend to five years and with fine which shall not be less than five thousand rupees: provided that the court may, for any adequate and special reasons, to be recorded in the judgment, impose a sentence of 35 imprieonment for a tenn of less than three years but not less than one year; (b) any drug, other than a drug referred to in clause (a) or clause (b) or clause (c), in contravention of- any other provision of this chapter or any rule made thereunder, shall be punish 40 able with imprisonment for a term which shall not be less than one year but which may extend to twq years and with ~~; provided that the court may for any adequate and special reasons to be rec(lrded in the judgment impose a sentence of imprisonment for a term of less than one year 27a whoever himself or by any other person on his behalf manufactures for sale or for distribution, or sells, or stocks or exhi-5 bi~ or offers for sale-(i) any cosmetic deemed to be spurious under section 17c shall be punishable with imprisonment for a term which may extend to three years and with fine; 10 penalt, for manufacture, sale, etc, of ca-meticain contravention of this chapter (ii) any cosmetic other than a cosmetic referred to in clause (i) above in contravention of any provisions of this chapter or any rule made thereunder shall be punishable with imprisonment far a term which may extend to one year or with fine which may extend to one thou6al1d rupees or with both" 15 23 in section 28 !,f the principal act,-amedd-!dent of· section 28 (a) after the word, figures and letter "section 18a", the words and figures "or section 24" shall be inserted; (b) for the words "five hundred rupees", the words "one thousand rupees" shall be substituted be inserted, namely:-20 24 after section 28 of the principal act, the following sections shall insertion of de'if' seeucma 28a'" 28b "28a whoever without reasonable cause or ejreuse, contravenes the provisions of section l8b shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both penalty for not keepin, documents, etc, and for ·nondisclosure of information 28b whoever himself or by any other person on his behalf peaalt,-manufactures or sells or distributes any drug or cosmetic in contrator vention of the provisions of any notification issued under section 26a manufacshall be punishable with imprisonment for a term which may extend ture, etc, to three years and shall also be liable to fine which may extend to of drugs five thousand rupees" :et~-in centravei1-tion ot hction 2ba 25 in section 30 of the principal act,-(a) for bub-section (1), the following substituted, namely:-amendsub-section shall be ment ot section 30 - (1) whoever having been convicted of an offence,-(a) under clause (b) of section 27 is again convicted of an ~dfence under that clause, shall i;)e punishable with imprisonment for a 'term which shall not be less than two years but which may extend to six years and with tine which shall not be less than ten thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a 5 sentence of imprisonment for a term of less than two years and of fine of jess than ten thousand rupees; (b) under clause (c) of section '}f{, is again convkted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than six years 10 but which may extend to ten years and with fine which shall not be less than ten thousand rupees; (c) under clause (d) of section 27, is again convicted of an offence under that claus~ shall be punishable with imprisonment for a term which shall not be less tlian two 15 years but which may extend to four years or with fine which shall not be less than five thousand rupees, or with both;"; (b) in sub-section (ia), for the words "one thousand rupeel", the words "two thousand rupees" shall be substituted (1) in sub-section (1) ,-(a) for clause (i), the following clause shall be substituted, namely:-"(i) manufacture of any drug deemed to be misbranded under section 17, adulterated under section 17a or spurious 25 under section 17b; or"; (b) in clause (ii) , for the words "manufacture for sale, or sale, or stocking or exhibiting for sale,", the words "manufacture for sale, or for distribution, sale, or stocking or exhibiting or offering 'for sale," shall be substituted; 30 (2) in sub-section (2), for the words "misbranded or adulterated drug, or misbranded cosmetic," the words "misbranded, adulterated or spurious drug or misbranded or spurious cosmeti<:," shall be substituted amendment of n(:tion 112 27 in section 32 of the principal act in sub-section (2), for the 35 words "a presidency magistrate or of' a magistrate of the first class", the , words "a metropolitan magistrate or of a judicial magistrate of the first class" shall be substituted amendmentof section 32a 28 in section 32a of the principal act, for the words, brackets and figures "in sub·section (1) of section 351 of the code of criminal proce- 40 lot1898 dure, 1898", the words, brackets and figures "in sub-sections (1), (2) and 3ar 197"-(3) of section 319 of the code «;it criminal procedure, 1973" shall be substituted d "afte sult· 'th ment of (a) in sub-section (1), for the wor s r con atlon wl section the board" the words "after consultation willi; or on the recommen- 3s i dation of, the board" shall be substituted; 5 (b) in sub-section (2) i"":"' (1) in clause (dd), for the word, tigures and letter "section 17b", the word, figures' and letter "section 17a" shall be substituted; (2) in clause (e),-10 (i) for the words "for the manufacture for sale", the words "for the manufacture for sale or for dibtribution'" shall be substituted; (ii) after the words "authority empowered to issue the same", the words ", the qualifications of such authority" shall be inserted; 15 (iii) the words "and provide for the cancellation or suspension of such licences in any case where any provision of this chapter or the rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with" shall be inserted at the end; 20 (~ after clause (e), the following clauses shall be inserted, namely:-" (ee) prescribe the records, registers or other documents to be kept and maintained under section lsb; (eea) prescribe the fees for the inspection (for the purposes of grant or renewal of licences) of premise" wherein any drug or cosmetic is being or is proposed to be manufactured; (eeb) prescribe the'manner in which copies are to be certified under sub-section (2a) of section 22;"; so (4) in clause (i), after the words "other containers of drugs or cosmetics", the words "including the use of packing material which comes into direct contact with the drugs" shall be inserted; 35 (5) in clause (n), after the words "of inspectors", the words "and the qualifications of the authority to which such inspectors shall be subordinate" shall be inserted 30 in section 33c of the principal act,-amedd· mtdt of (a) in sub-section (1), for the words "ayurvedie add unani hcticm dftip teclmical advisory boarcf", the words "ayurvedie, siddha nc and unani drugs teehnieal advisory board" shall be substituted; (b) in 8ub-eection (2) ,-(i) for clause (iii), the following clause shall be substituted, namely:-45 '(iii) the principal ofticer dealing with indian systems of medicine m the ministry of health, ex-officio;"; (ii) for clause (viii) , the following clause shall be substituted namely:-"(viii) four persons to be nomidatecl by the central government, two from amgdgst the members of tbe ayurveda pharmacopia committee, one from amongst the mem-5 bers of the ulliilili 'phaljn8gopia cqab~1iee imd one erom amoapt the memlters of t'he siddha phannlu:opoeia committee;"; (iii) for clauses (xi) and (xii), the following clauses shall be substituted, namely:-10 "(r~~ oiile teacher ;m gud,apadam to be nominated it, tii\e central governmtat; (ria) three persons, one each to represent the ayurvedic, siddha and un~ drug ii¥lustry, to be nominated by tbe central government; 15 'riii) three persons, one eaell from· ,ng the practitioners of ayurvedic,siddha and unani tibb systems of medicine to be nominated by tbe central government" substitu-31 for sections 33d and 3le of the principal act, the following section of tkms shall be substituted, namely:-•• 20 dew eec:uona for sections s3d and 33& the ayurvedic, siddha and unani drugs consultative committee 1'" "33d (1) the central government may constitute an advisory committee to be called the ayurveciic, siddha and un ani, drucs consultativo committee to advise the central government, the state governments and tbe ayurvedic, siddha and unanl drugs tecbnical advisory board on 9ny matter for the purpose of securing unifor- 25 mity throughout india in the administration of this act in so far as it relates to ayurvedic, siddba or unadoi drugs (2) the ayurvedic, siddha and unani dn'ls consultative colludittee shall consist of :two persons to be nominated by the central govt:rnment as representatives of that government and not 30 more than one representative of each state to be nominated by the state government concerned (3) the ayurvedic, siddha and unani drugs consultative committee shall meet when required to do so by the central government and shall regulate its own procedure 35 33e for the purposes of this chapter, an ayurvedic, siddha or unani drug shall be deemed to be misbranded-mibnald eel c:iwis (a) if' it is so coloured, coated, powdered or polished that damage is concealed, or if it is made to appear of better or greater therapeutic value than it really is; or 40 (b) if it is not labelled in the prescribed manner; or (c) if its label or container or anything accompanying the drilg bears any statement, design or device which makes false claim for the drug or which is false or misleading in any particular ' 33ee for the purposes of this chapter, an ayurvedic, siddha multer or tjnani drug shall be deemed to be adulterated,-ted mil 5 (a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or (b) if it has been prepared, plicked or stored under ijisanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to 10 health; or ' (c) if its container is composed, in whole or in part, of any poisonous or deleterious substai\ce which may render the con-:tents injurious to health; or (d) if it bears or contains, for pul'f?oses of colourint; only, 15 a colour other than one which is prescribed; or (e) if it contains any harmful or toxic aubstance which may render it injurious to health; or (1) if any substance has been mixed therewith so as to reduce its quality or strength 20 ezplanation for the purpose of clause (a), a drug shall not be deemed to consist, in whole or in part, of any decomposed substance only by reason of the fact that such decomposed substance is the result of any natural decomposition of the drug: provided that such decomposition is not due to any negligence ,on the part of the manufacturer of the drug or the dealer thereof and that it dees not render the drug injurious to, health 33eea for the purposes of this chapter, an ayurvedic, sidtlha spurioua or unani drug shall be deemed to be spuriousdrup (4) if it is solei, or offered or exhibited for sale, under a name 30 which belo:ngs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive, or bears upon it or upon its label or container 'the name of another drug, unless it is plainly and conspicuously marked so 35 as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company pult>orting to be the manufacturer of the drug, which ftldividual or company is fictitious or doe;s not exist; or (d) if it bas been substituted wholly or in part by any other drug or substance: or (e) if it purports to be the product of a !nanufacturer dt whom it 18 not truly a product 33eeb no person shall manufacture for sale or for distri'6ution any ayurvedic, siddha or unant drug except in acoordance with such standards, if any, as may be prescribed in relation to that drug be,ulation of manufactun 'lor _)eof ayuryedic, siddha ed udadi drup 33eec from such date as the state governmadt may, by notification in the ofrcial gazette, specify in this behalf, no perscm, 5 either by himself or by any other person on his behalf, shall-(a) manufacture for sale or for distribution-(i) any misbranded, adulterated or spurious ayurvedic: siddha or unani drug; prohibition of manufacture and sale of certain ayurvedic siddha and unanj drulb, (ii) any patent or proprietary medicine, unless there is 10 displ1lyed in thepresc:!ribed manner on the label or container thoceof the true list of au the ingredients contained in it; and (iii) any ayunredic, siddha or unani drug in contravention of any of the provisions of this chapter or any rule 15 made thereunder; (b) sell, stock or ,exhibit or offer for aale 1»" distribute any ayurvedic, siddha or unani drug which haa been manufactured in eontravention of any of the provisioil1l of this act, or any rule made thereunder; 20 (c) manufacture for sale or for distribution, any ayurvedic, siddha or unani drug, except under,ana in accordance with the conditions of, a licence issued for such purpose under this chapter by the prescribed' authority: provided that nothing in this section shall apply to !:i 5 -v didyas and h1i1cims who manufacture ayurvedic, siddha or unani drug for the use of their own patients: provided further that nothing in this section shall apply to the manufacture, subject to theprellc~ condltions, of smai1 quantities of any ayurvedic, siddha or unani drug for the go purpose of examination, test or analysis 33 ed without pre:judice to any other proviaion -eontained in this chapter, if the central government is satisfied on the basis of any evidence or other material available before it that the use of any ayurvedic, siddha or unani drug is likely to inwalve any risk 35 to human beings or animals or that any such drug does not haye the therapeutic value claimed or purported to be -claimed for it and that in the public interest it is necessary or ekpedient 80 to do then, that ·government may,by notification in the 0fticlal~, prohibit the manufacture, sale or distribution of such t\rug" power of central gov_ ernment to prohibit idulu-facture, etc, of ayvrvedie, siddha or unani drq,p in public interen 32 m section 33f of the principal act, after sub-lection (2), the followinl sub-section shall be i1'iserted, namely:-amend ment of lection 13f "(3) no person who has any financial interest in· the manufacture or sale of any drug shall be appointed to be a government analyst under this section" 5 33 for sections 33-1 and 33j of the principal act, the following sec- subltitions shall be substituted, namely:-tutlon of new aec: tiona for ections 33-1 and w "31-1 waoever himself or by any other person on his behalf-(1) manufactures for sale or for distribution,-(a) any ayurvedic, siddha or unani drug-10 (i) deepied to be adulterated under section 33ee, or pedlllty for manufacture sale, etc, of ayurvedic si(\dha (ii) without a valid licence as required under clause (c) of section 33eec, shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than two thousand rupees; or :unani drug in contra· vention of tb1j chapter 20 (b) any ayurvedic, siddha or unani drug deemed to be sputious under section 33eea, shall be punishable with imprisonment for a term which shall not be less than one year but which mat' extend to three years and with fine which shall not be less than five thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentem!e of imprisonment for a term of less ·than one year and of fine of less than five thousand rupees; or , (2) contravenes any other provisions o~ this chapter or of section 24 as appued by section 33h or any rule made under thia chapter, shall be punishable with imprisonment for a term which may extend to three montha and with fifte which shall not he less than five hundred rupees 39j whoever having been convicted of an offence,-3°' - -~ penalty for subsequent otrences n (a) under clause ,(a) of sub-section (1) of section 33-1 is again cenvicteo of an o1fabce under that clause, shah be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than two thousand rupeee; 35 [l ~' ·1 f:] (b) under· clause (b) of sub-section (1) of section 33-1 is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to six years and with fin which shall not be less ~han five thousand rupees: - provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose "1!!'lltedce of imprisonment for a term of less than two years and of fine of less than five thousand rupees; (c) under sub-section (2) of section 3;j-i is again convicted 5 of an offence under that sub-section, shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than one thousand rupees" (0) in sub-section (1), the words, brackets, figures and letter 10 "with the previous sanction of tht' authority specified under subsection (4) of section 33g" shall be inserted at the end; (b) in sub-section (2), for the words "of a presidency maglstrate or of a magistrate of the first class", the words "of a metr0-politan magistrate or of a judicial magistrate of the first class" shall i!, be substituted amendment of sectlon un (a) in sub-section (1), in the opening portion, for the words clafter consultation with the board", the words "after consultation with, or on the recommendation of, the board" shall be substituted; 120 (b) in sub-section (2) ,-(1) in clause (e) ,-(i) after the words "or unani r\rugs,'\ the words "and for sale df processed ayurvedic, siddha or unani drugs," shall be inserted; 125 (ii) the words· cland provide for the cancellation or suspension of such licences in any case where any provision of this chapter or rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with" shall be inserted at the end; go (2) for clause (f), the following clause shall be substituteil, namely:- u (f) prescribe the conditions to be observed in the ~cldng of ayurvedic, siddha and unani drugs including the use of packing material which comes into direct contact with 35 the drugs, regulate the mode of labelling packed drugs and prescribe the matters which shall or shall not be included in such labels;"; (s) after clause (g), the following clauses shan be inserted, name1y:-f; i 40 ii (gg) prescribe under clause (d) of section 33ee the colour or colours which an ayurvedic, siddha or unani drug may berr or contain for purposes of colouring; (gga) prescribe the standards for ayurvedic, sfddha or unani dru,n; under ~ectiojl 33eeb:" 36 after section 34a of the principal act, the following section shall lnhrbe inserted, namely: _ uon of new nction 34aa 5 search any or 1181-"34m any inspector exercising powers under this act or the penalty rules made thereunder, who,-for vexatious (a) without reasonable ground of susplclon searches place, vehicle, vesae! or other conveyance; or zure (0) vexatiously and unnecessarily searches any person; or (c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or 10 (d) commits, ns such inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty, shall be punishable with fine which may extend to one thousand rupees" 37 in section 35 of the principal act, in sub-section (1), for the words amendment of sectioq· u "it shall be lawful for the court before which the conviction takes place to cause", the words "the court before which the conviction takes place shall, on application made to it by the in:!(,)ector, cause" shall be substituted 20 38 in section 36 of the principal act,-ameqdmet of iict10n 38 50t 1898 tof 19'14 (a) for the words and figures lithe code of criminal procedure, 1898", the words and figures lithe code of criminal procedure, 19'13" shall be substituted; (0) for the words "any presidency magistrate or any magis-25 trate of the first class", the words "any metropolitan magistrate or any judicial magistrate of the first class" shall be substituted 39 after section 36 of the principal act, the following section sball idierbe inserted, namely:-tjon of new ij8co tlon iia certajn offedcei to be trled bummarlly 35 2 ot 19j4 30 "36a notwithstanding anything contained in the code of criminal procedure, 1973, all offences under this act, purrlshaole with imprisonment for a term not exceeding three years, other than an offe,nce under clause (b) of sub-section (1) of section 33-1, shall be tried in a summary way by a tudicial magistrate of the first class specially empowereci in this behalf by the state government or by a metropolitan magistrate ann the provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as may be, apply to such trial: provided that, in the case of any conviction in a sun:unary trial under this section, it shall be lawful for the macis~ to pas& a 8~tence of imprisonment for a term not ext:eeding one year: provided further that when at the commencement of, or in the course of, a summary trial under this section it ap~ars to the magistrate that the nature of the case is such that a sentence of 5 imprisonment for a term exceeding one year may have to be passed or tl:aat it is, for any other reaioll, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been eddlined and ~d to hear or rehear the ease in the manner 10 provided by the said code" amendment of section 38 in section 3s of the principal act, for the words "and if before the expiry of the session in which it is so laid or the successive sessions aforesaid", the words "and if, before the expiry of tlie session irmnediately following the session or the successi~e sessions aforesaid" shad 15 be substituted fl in the first schedule to the prin~t,-(a) for the heading "a-ayurvedic (including smdra) sys'l'em", the heading "a-ayurvedic and siddha systems" shall be substituted; !zo amend:-ment of firat schedule f ('b) for the heading ,ib-unani (tibb) system" the heading "b-unatfi tin systek" shall be substituted tr~ toit provtsion 42 (1) until the constitution of the ayurvedic, siddha and unani drugs technical advisory board in accordance with the provisions of the princi?al act, as arn,ended by this act, the ayurvedic and unani 125 drugs technical advisory board constituted in accordance with the provisions of the principal act and functioning immediately before the commencement of this act shall be deemed to be the ayurvecuc, siddha and unani drugs technical mvisory board ccmstituteo in accerdance with the provisions of the principal act as amended by this act and;) shall continue to function as if this act had not been passed "" ·pt (2) on the constitution of the ayurvedic, siddha and unani drugs technical advisory board in accordance with the rn'ovisions of the principal act, as amended by this act, every person nominated as a mem- ber of the ayurvedic and unani drugs technical advimryboard, in ~ accordance with the provisions of the principal act, ani holdine oftice ;)j as such member immediately before such constitution shall be deemed to have vacated his office the drugs and cosmetics act, 1940, r~tes the import into, manufacture, distribution and sale of drugs and cosmetics in the country the problems of adulteration of drugs and also of production of spurious andsu))standard drugs are posing serious threat to the health of the community it is, therefore, considered neeessary to amend the drugs and coimetiaj act, so as to impose more stringent penalties on the antisocial elements indulging in the man~acture or sale elf aduuerated or spurious drugs or drugs not of standard quality which are likely to caus~ neath or grievous hurt to the user this owortunity is also being availed of to incorporate certain other provisions on the other aspects of effective control on the manufacture, distribution, sale of rtrugs addo08metics on the basil of experience gained in the working of the act 2 some of the important proposals envisaged are set out below:-(1) (a-) widening of the definition of the expression 'cosmetics' so as to bring within its scope 'toilet soaps' in order to exercise control over such soaps which may contain harmful ingredients like hexachlorophene [vide clause ,3 (c) ] ; (b) the definition of the expression 'drug' to be expanded to ejilable control being errcised over the components df drugs including empty gelatine capsules and also devices which are intended for internal or external use in the dia,gnosis ol' treatment of diseases in human beings or animals [vide clause 3 (d)]; (c) widening of the scope of the expression 'patent or proprietary medicble' so as to include patent or proprietary mediclnes which relate to ayurveda, siddha or unani tibb qtems of medicines but not including such medicines as are administered by puenteral (ie by means of injections) route [vide clause 3(1)] --(2) incorporation of a new provision for the purpose of defining oertein terms like 'spurious drugs' and 'spurious cosmetics' and making of suita'ble consequential amendments 'in the definitions cif other expressions like 'misbranded drugs', 'adulterated drugs' and 'misbranded cosmetics' analogous provisions of a uke nature are also to be included in reipect of drugs relating to ayurveda, siddha or unani tibb systems of medicines [vide clauses 6, 13 and 31], (3) new ,-provisicms to be imorporated to empower the central government ~ prohibit import or manufaetlure of dl'uil and cosmetics in the public interest where that goveroment is satisfted that the use of any dmg or cosmetic is likely to involve any risk to human beings or animals or where the dru&' does not have any theraj:?6utic justification [vide clauses 8 and 21] (4) insertion cyf a mandatory provision so as to make it obli-,atory for any person who is a holder of a licence to maintain sueh records, registers and other documents as may be prescribed and to produce them to the concerned authority if and when required [vide clause 15] (5) provision to empower the inspector to stop and search any vehicle, vessel or other conveyance which be has reason to believe is being useci for carrying any drug or cosmetic in respect of which , an o1fence under the act is bt!ing committed [vide clause 191 (6) enhancement of the quantum of punishment for offences relating to the manufa<:ture or sale of adulterated, spurious drugs or drugs not of a standard quality which are likely toc8uae death or grievous hurt to the user penalties provided in respect of other offences are to be revised on a more rational basis (a) the proposed scale of punishment in respect of the first offence shall be as set out below [vide clause 22]: (i) imprisonment for not less than five years which may extend to life and with fine of not less than rupees ted thousand for the manufacture and sale of adulterated or spurious cirugs or drugs not of standard quality which are likely to cause death or harm on the i:>btient's body as would amount to grievous hurt; (ii) imprisonment 'for not less than one year which may extend to three years and fine of not less than rupees five thousand for manufacture and s~ of any adulterated drug or manufacture and sale of drugs without a valid licence; (iii) imprisonment for three years which may extend to five years and with fine of not less than rupees five 'thousand for manufacture or sale of spurious drugs; (iv) imprisonment for other offences shan be not less than one year which may extend to two years and with fine (b) the proposed scale of punishment for subsequent offences shall be as set out below [vide clause 25j-(i) imprisonment for not less than two years which may extend to six years and withfine of not less than rupees ten thousand for manufacture and sale of any adulterated drul or manuf~cture and sale of drugs without a valid licence; r <ii) imprisonment for not less ?tan six years which may extend to ten years 'bnd with fine of not less than rupees ten thousand for manufacture and sale of a spurious drug; (iii) imprisonment for a term for not less than two years which may extend to tour years and with fine of not less than rupees one thousand or with both for other offences (7) provision to be made in section sac to give representations to experts in the ayurvedic, siddha and vnani jyslems of medicines on the ayurvedic, siddha and unani drugs technical advisory board [vide clause 30] (8) another proposal relates to the constitution of an advilory committee to be called ayurvedic, siddha and unani drugs coillultative committee to advise the central government, the state governments and the ayurvedic, siddha and unani drugs technical advisory board on any matter intended to secure unifonnity throughout india in the administration of the act the committee ahall consist of two persons to be nominated by the centralgevvn· ment and one each by the state governments [uicle elauie 31] (9) punishments for manufacture, sale, etc of ayurvedic, siddha or unani drugs in contravention of the provisions of the act are sought to be enhanced [vide clause 33] (a) the proposed scale cif punishments for the ftm oft'ence shall be as set out below-(i) imprisonment up to one year or with 1lne of not _ than rupees one thousand for the manufactijre of adnl"" ed, ayurvedic, siddba and unani drugs or its manuf:ac_ without a valid licence; (ii) imprisomnent for one year which may extend to three yeam and flne of not less than rupees five thouaand for the manufacture of spurious, ayurvedic, skmha p unani drugs; (iii) imprisonment for three moaths and ftne of aotlell than rupees five thousand for other offeoces (0) the proposed scale 01 punishment for subsequent offences shall be as set out below-(i) imprisonment for a tenn which may extend to two years and with fine of not less than rupees two thousljlll fbi' otfences of manufacturing, sale or distribution of any ayurvedic, siddha or unani drug; (ii) impx:isonment for two years which may extend to six years and with fine of not less than rupees five thousadd for manufacturing cif any spurious ayurvedic, siddha or unani drug or sale thereof; (iii) imprisonment for six months and with fine of rupees one thousand for other offences (10) a new provision to be made to provide for summary trial in case of offences where the penalty is not more than three yeuw imprisonment [vide clause 39] 3 the bill seeks to achieve the above objects the above apvt, the other amendments sought to be eftecte~ are of a general or consequential nature new delhi; the 2~ april, 1982 b shankaranand ,;,; "j ~ clause 30 of the bin contemplates the broad basing of the ayurvedlc and uriani drugs technical advisory board it is proposed that the central government will nominate the experts in accordance with the jy1evant provisions of the bill their travelling and odai~y allpwance for attending the meetings of the board will have to be met , 2 clause 31 of the bill provides that central government may constitute an advisory committee to be called the ay~rvedic, siddha anq unani drugs technical advisory board on any matter intending to secure uniformity throughout india in the administration of this act in so tar·'as it relates to ayurvedic, siddha or unani drugs further the !sm ·contemplates that ayurvedic, siddha and unani drug consultative committee shall consist of two persons to be nominatea by the gentral gov~ent as representatives of the government and not more than one, representative of each state to be nominated by the state government concerned xhe ta and ·da of the central government nomineel will have to be met · 8 a recurring expenditure of about rs 1,00,000/- (rupees one lakh) on both counts as well as in salary of staff appointed to serve these committees is estimated to be incurred ~; ' ,, 4 no other provisions of the bill involve any other expenditure of ~~lli'ingor non recurring nature 'trom out of the consolidated fund of ~, '-~ '," clause 9 of the bill seeks to amend section 12 of the principal act, to empower the central government to provide for the cancellation, or suspension of licences in cases where any· provisions of chapter ill of the act or the rules made thereunder are contravened or any of' the conditions subject- to which the licence is issued, is not complied with the clause further empowers the central government to frame rules tor prescribing the conditions to be observed in the use of packing material which comes into direct contact with the drugs, 2 clause 29 of t~ bill proposes to amend section 33 of the principal act and empowers the central government to frame rules, inter azi4, for prescribing qualifications of the authority empowered to issue tile licence, providing for the cancel1atior or suspension of licences in- cases where any provision of chapter iv of the principal act or the rules made thereunder are contravened or any of the conditions subject to which they are issued, are not complied with, prescribing the recorda, register or other documents to be kept and maintained under section 18b, prescribing the fees for the inspection of premises jor the purpose of grant or renewal of licences and the manner in which copies are to be certified under sub-section (2a) of section 22 3 clause 35 of the bill amends section 33n of the principal act and empowers the central governu1ent to frame rules, i'l}ter alia, to cancel or suspend licences in cases where any of the provisions of chapter iva or rules made thereunder are contravened or any of the conditions lubject to which the licences are issued are not complied with, to prescribe the conditions to be observed in the packing of ayurvedic, siddha and unani drugs including the use of packing material which comes into direct contact with the drugs, to prescribe the colour or colours which ayurvedic, siddha or unani drug may contain for purposes' of colouring under clause (d) of section 33ee and to prescribe the standards lor ayurvedic, siddha or unan:i drugs under section 33eeb, ~ the matters with respect to which the rules may be'made are inatters of procedure or detail the delegation of legislative power w, therefore, of a normal character (23 of 1940) - - - 3 in this act, unless there is anything repugnant in the subject or contexi;-(c) "ayurvedic (including siddha) or unani drug" includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease in hwnan beings, mentioned in, and processed and mal1ufactured exclusively 1h accordance with the formulae described in, the authoritative books of ayurvedic (including siddha) and unani (tibb) systems ~t:riled1cine, specified in the first schedule; (aa) "the board" means-(i) lin relation to ayurvedic (including siddha) or unani drug, the ayurvedic and unani drugs technicaf advisory board constituted wader section 33c; and - - - - (4aa) "cosmetic" means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended fur use as a component of cosmet2ic, but does not include soap; (b) "drug" includes-(i) all medicines for internal or external use of human bemgs or animals and all substances intended to be used for or ta ue dlagbesis, treatment, mitigation or prevention of disease in human beings or animals; and - - - - ~f) "manufacture" in relation to any drug or cosmetic includes any process or part of a process fur making, altering, ornamenting, ftrlishing, packing, labelling, breaking up or otherwise treating or a~opting any drug or cosmetic with a view to its sale and distribution but does not include the compounding or dispensing of any drug, or the packing of any drug or cosmetic, in the ordinary c;:ourse of retail business; and "to manufacture" shall be construed accordingly; - - - - (h) "patent or proprietary medicin!" means a drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which lis not included in the edition of the indian pharmacopoeia for the time being or in any other pharmacopoeia authorised in this behalf by tbe central government after consultation with the board; - - - chapter ill import of drugs - '" •- 9 for the purposes of this chapter a drug shall be deemed to be misbranded-(a) if it is an imitation of, or substitute for, or resembles in a manner likely to deceive, another drug, or bears upon it or upon its label or container the name of another drug, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (b) if it purports to be the product of a place or country of which it is not truly a product; or (c) if it is imported under a name which belong to another drug; or (d) if it is so coloured, coated, powdered or polished that damrgo is concealed, or if it is made to appear of better or greater therapeutic value than it really is; or (e) if jt :is not labelled in the prescribed manner; or (f) if its label or container or anything accompanying the c:iru& bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular; or (g) if the label or container bears the name of an individual or company purporting to be the manufacturer or producer of the cinig, which individual or company is fictitious or does not exist 9a for the purposes of this chapter, a cosmetic shall be deemed to be misbranded-milbnd-ded cosmetica (a) if it is an imitation of, or a substitute for, or resembles in a manner likely to deceive, another cosmetic; or (b) if it purports to be the product of a place or cowltry at which it is not truly a product; or (c) lif it contains a colour which is i?-ot prescribed; or (d) if it is imported under a name which belongs to another cosmetic; or (e) if it is not labelled in the prescribed manner; or (f) if its label or container bears the name of an individual or company purporting to be the manufacturer or producer 01 cosmetic which individual or company is fictitious or doet not exmt; or (g) it the label or container bears any statement whwh - tajm or misleading il) any particular 9b fol1 the purposes of this chapter, a drug shall be deemed tq be tdulterated-aduj1e rated drup (a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or (b) !if it has been prepared, packed or stored under insanitary: conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or (c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or (e) if any substance has been-(i) mixed or packed therewith so as to reduce its quality or strength; or (ii) substituted wholly or in part therefor ezplanation-for the purpose of clause (a), a drug shall not be deemed to consist, in whole or in part, of any decomposed substance only by reason of the fact that such decomposed substance is the result of any natural decomposition of the drug within the period, if any specified on the label of the drug within which the drug is to be used: proyided that such decomposition is not due to any negligence, on the part of the manufacturer of the drug or the importer or the dealer thereof and that it does not render the drug injurious to health 10 from such date as may be fixed by the central government by notification in the official gazette in this behalf,' no person shall impo~ - ~ - - - - - (b) any misbranded drug or misbranded cosmetic; prohibition of import of certaid dru, or cosme tics (bb) any adulterated drug; - - - - - (d) any patent or proprietary medicine, unless there -is displayed in the prescribed manner on the label or container thereot the true fonnula or list of ingredients contained in it, in a manner readily intelligible to the members of the medical ·profession; - - - - - i, , exp14714tion-the formula or list ·of ingredients mentioned in clause (ci) -shall be deemed to be true and a sufficient compliance with that lub-clause if, without disclosing a full and detailed recipe of the ingredients, it indicates correctly all potent or poisonous substances contabled therein together with an approximate statement of ~e composition of the medicine - - - - - 12 (1) the central government may, after consultation with the board and after previous publication by notification in the official gazette, make rules for the purpose of giving effect to the provisions of thii chapter; power " of cad-tral clov ernment to make ,j'u1ea provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have ariien' which render it necessary to make rules without such consultation, but in such a case the board shall be consulted withi'l six months of the making of the rules and the central government shall take into con-ideration any suggestions which the board may make in relation to the amendment of the said rules (2) without prejudice to the generality of the foregoing power, such rules may-" (a) specify the drugs or classes of drugs or cosmetics or classes of cosmetics for the import of which a licence is required, and prescribe the form and conditions of such licences, the authority empowered to issue the same, and the fees payable therefor; '" '" '" '" - (k) prescribe the conditions to be observed in the packing !n bottles, packages or other containers, of imported drugs or cosmetics; '" '" '" '" '" 13 (1) whoever contravenes any of the provisions of this chapter or oflenot any rule made thereunder shall, in addition to any penalty to wh;fch ees he may be liable under the provil:don of section 11, be punishable with imprisonment which may extend to one year, or with fine which may extend to five htmdred rupees, or with both (2) whoever, havinq been convicted under sub-section (1), is again 'convicted under that sub-section shall, in addition to any penalty as aforesaid, be punishable with imprisonment which may extend to two years, or with fine which may' extend to one thousand rupees, or with both '" '" '" '" - ' 15 no court inferior to that of a presidency magistrate or of a magistrate of the first class !'ihall try an offence punishable under sectior 13 ~~!' , chapter iv manufacture, sale and distribution' op' drugs - • '" - •17 for the purposes of tbtis clmpter a: drug shall be deemed to be misbranded-mjabrandecl druji (a) if! it is an imitation of, ~r sub!';titute for or req~mbles in a manner likelv to decefw~, another drug, or bears upon it or upon us label or cont~iner the name of another dru~, unless it is plainly and conspicuously marked so as to reveal its true chuacter and its mck of identity with such other drug; or (b) if it purports to be the product of a place or country of which it is not truly a product; or (e) if it is sold or offered or exposed for s81e under r name which belongs to another drug; or (d) if it is so coloured, coated, powdered or polishe4 t that damage is concealed, or if it is made to appear of better or -therapeutic value th:m it really is; or (e) it it is not 1abe'led in the prescribed manner; or (1) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false cj8iiid for the drug or which is false or· misleading in any particular; or (g) if the label or container bears the name of an individual or company purporting to be the manufacturer or producer of the drug, which individual ~r company is fictitious or does not exist misbranded cosme tiel 1'1a for the purposes of this chapter, a cosmetic shall be deemed to be misbranded- (a) if it is an imitation of, or a sub~titute for, or resembles in a manner likely to deceive, another cosmet!e; or (b) it it purports to be the product of a place or country of which it is not truly a product; or (e) if it contains a colour which is not prescribed; or (d) if it is sold, or offered or exposed for sale, under a name which belongs to another cosmetic; or (e) if it is not labelled in the prescribed mannerj or (j) if its label or container bears the name ,of an indivi(lual or company purporting to be the manufacturer or producer ot the' cosmetic which individual or company it; fictitious or does not exist; or (g) if the label or container bears any statement which is falae or misleading in any partieular 178 for the purposes of this chapter a drug shall be deemed to be adulterated-ad · erate4 druii - ' i' ' (a) if it consists, in whole or in part, of any ftlthy, putrid or decomposed substance; or (b) if it has been prepared, packed or stored under insanitary conditions wherebv it may have been contaminated with filth or whereby it may h~ve bee~ rendered injurious to health; or "(c) if its container is composed, in whole or in part, t1f ait1 poisonous or deleterious subrtance which may render the contents injuriour to health; or (d) if it bear'~ or cont'3in~, for purposes of co\ouring oiilly, a colour other than one which is nrescribed; or (e) u any substa~ce has been-'(i) mixed or packed therewith so as to reduce its quality or strength; or (li) suh!'ltituted wholly <'1r in pl'lrt tnel'efor e~-!'or the purpose of clause (a), & drug shall not be deemed to codldst, in whole or in part, of any decomposed substance only by l'oi8&n of the fact that such decomposed substance is the ~ qf ~ natural'decoinpoiftion of the drug wlthin the period, if any, ~ on the 'label of the drug within which the drug is to be used: provided that such decomposition is not due to any negligence on the part of the manufacturer of the drug or the dealer thereof and that it doeinot nmder the drug injurious to health 18 from such date as may be fixed by the state government by notiftcation !in the oftkial gazette in this behalf, no person s:ull himself or by any otbe:r person on his behalf-(a) manufacture for sale, or sell, or stock or exhibit for sale, or distribute-prohibj-tion of manufac_ ture ad sal of eerta1a druia and co metieb (i) any drug or cosmetic which is not of standard quality; (ii) any misbranded drug or misbranded cosmetic; (iia) any adulterated drug; (iii) any patent or proprietary medicine, unless there is displayed tn the prescribed manner on the label or container theteoi the true formula or list of ingrmients contained jh it iii it manner ~adily intewgilble to the members of the medical profebs1ott; - - - - - (b) sell, or ~tock or exhibit for sale, or dis~b~tc any dru8 or c:08uietic which has been imported or man~ in ~~tra~lion of ady of the provisions of this act or any rute made there-under; (c) manufacture for sale, or sell, or stock or exhibit for sale, or dtstrlbrite any drug or cosmetic, except under, and !in accordance with tbe conditions of, a ucence issued for such purpose under this 'chapter: - - - - provided further that the central government may, after consultation with the board, ~y notification in the, o1jlcfal :q~te'"l'iwt, bubje,cl to any conditions sped1led in the notification, ~ ~~~ for i8le, sale or custr1bution of any drug or class of drugs not being of ataiidard quality e:z:planation-the formula or list of ingredients mentioned in subclauie (iii) of clause (a) ahall be deemed to be true and a s~ compliance with that 8ub-clause lit, without disclosing a full· and de~ recipe ot the ~ts, it indicates correctly all the potentor~ substances contained therein together with an approximate state~ at the composition of the medicine 1 • (1) - - - - (2) for the purposes of section 18 a drug shall not be dee~d to be misbranded or adulterated or to be below standard quality nor shill a coidieite be' deemed to be misbranded or to be below standard quality only bj reason' of the faet that- - - - - - (4) every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, and shall be ofticially subordinate to such authority as the government appointing him may specify in this behalf zz (1) subject to the provisions of section 23 and of any rules made by the central government in this behalf, an inspector may within the local limits of the area for which he is appointed,-(0) inspect any premises wherein any drug or cosmetic is being manufactured and in the case of sera, vaccines and any other drug prescribed in this behalf, the plant and process of manufacture and the means employed for standardizing and testing the drug; (b) take samples of any drug or cosmetic which is being manufactured, or being sold or is stocked or exhibited for sale, or is being distributed; (c) enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this chapter has been or is being committed and order in writing the person in possession of any drug or cosmetic in respect of which the offence has been or is beb:ig committed, not to dispose of any stock of such drug or cosmetic for a specified period not exceeding twenty days, or, lmless the alleged offence is such that the defect may be removed ~y the possessor of thp drug or cosmetic, seize the stock of such drug or co~tics; (cc) examine any record, register, document or any other material object found in any place mentioned in clause (c), and seize the same if he bas reason to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder; - - - - - (2) the provisions of the code of criminal procedure, 1898 shall, so &i of i far as may be, apply to any search or seizure under this chapter as they apply to any search or seizure made under the authority of a warrant blsued under section 98 of the said code (3) if any person wilfully obstructs an inspector in the exercise of the powers conferred upon him by or under this chapter, he shall be punishable with imprisonment which may extend to three years, or with fine, or with both zi (1) - - - - - (5) where an inspector takes any action under clause (c) of 88c!tiod 22,-iii '" - - - (b) it he seizes the stock of the drug or cosmetic, he shall u ioqid 81 may be inform a magistrate ad take his orders u to the euatody thereof; - - '" - - (6) where an inspector seizes any record, register, document or any other material object under clause (ce) of sub-section (1) of section 22 he shall, as soon as may be, inform a magistnte and take his orders to the custody thereof - - - - ri whoever himself or by any other person on his behalf manufactures for sale, sells, stocks or exhibits for sale or distributes-(ii) any drug-(i) deemed to be misbranded under clause (a), clause (b), clause (e), clause (d), clause (f) or clause (g) of section 17 or adulterated under section 17b; or peoalt7 for muau facture, ale, etc of druta iii contra· ventiod of this chapter (ii) without a valid licence as required under clause (c) of section 18, shall be punishable with imprisonment for a tenn which shall not be less than one year but which may extend to ten years and shall also be liable to fine: provided that the court may, for any special reasons to be recorded in writing, impose a sentence of imprisonment of len than one year; (b) any drug other than a drug referred to in clause (a) in contravention of any of the provisions of this chapter or any rule made thereunder shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both pedal for facture, •• le, eteof come-%7 a whoever himself or by any other person on his behalf manufactures for sale, sells, stocks or exhibits for sale, or distribute any cosmetic in contravention of any of the provisions of this chapter or any rule made thereunder, shall be punishable with impr:lsorunent tor a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both tl~ in contranntiod of tbii chqtir 28 whoever contravenes the provisions of section 18a shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both - - - - penalty for nod-d1ae1oiure of the namof thejdldu-o ~, eta pwt, tor~ mil_t ~ - (l) whoever, havlni been convicted of an otrenee-(a) under clause (a) of section 1:1 is again convicted ot ad offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may qtedd to ten years and shall also be liable to fine: provided that the court may, for any special reason to be record~ in writing, impose a aentence of lesa than two yean; ~ ' : (b) under clause (b) of section 27, is again coilvicted of an offence uniier thatc1'8use shall be punishable with unpriso~t 'for a term which may extend to ten years, or with fine or with both (1a) whoever, having been convicted of an offence under section 'rta is ~in convicted under that section, shall be punishable with un'prison-jriehtfot a term which 'may extend to two years, or with flne whlcll may extend to one thousand rupees, or with both - - - - - 31: (1) where any person has been convicted under this chapter for conttavening any such 'provision of this chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the dttlg 'or cosmetic in respect of which the contravention has been made shall be liable to confiscation and if such contravention is in respect of-(i) manufacture of any drug deemed to be misbranded under clause (a), clause (b), clause (c), clause (d) c~use (f) or clause (g) of section 17 or adulterated under section 17b; or (ii) manufacture for sale, or sale, or stocking or exhibiting for ale, or distribution of any drug without a valid licence 88 requjrecl under clause (c) of section 18, -e1im}rmltntb or machinery used in such manufacture, sale or distrl- ; b1lt1on::ll!l4any ret!eptacl~, 'pacbges or coverings in which such drug !s contatftm ~ and the· animais, vemcles, vetie1s or other conveyatlces used 1a carrying such drug shall also be liable to conftjcation '(i) ~ut prejudite to the provistorla contained in sub4edt1on (j), ~ 'the eourt is 'satisfled, on fhe appuc'iltion of an ii1speetor or otherwae-84 after such' inquiry as may' be nece8s8ry that the drug or 008-iii8ti~ 111 !1bt of standard quality or is a misbranded or adulterated drag, or misbranded cosmetic, such drug or, as the cue may be, such cosmetic shall be liable to confiscation ' - - - - - - - - - , ~ iiuiice of ; malrls~!"te o! the fir::;t c'as5 shall try an offence punishable under this chapter , '"'i nlo~ '1 - - - - - o1renc:et" ,<2) no court ;nforil)r to t'1at of a presidency magistrate or of a i·· · ~ ii' • : t ~: 3za where, 'r't ,,"v b'1, during the trial of any offence under th!a chapter alleged to have been committed by any person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, the court is satisfied, on the evidence adduced before ft, that such' manufacturer or agent is also concerned in that offence, then, the court may, notwithstanding anythin~ contained fn sub-sectlon ~ of section 351 of the code of crimhml procedure, 1898, proceed against him' i of l_ as though a ~tion had been instituted against hbn under section 12 ir 'i :", i 33 (1) the central government may after consultation with the board and after previous publication by notification in ~~ oftlclaj " g82i!tte; make rules for the purpost! of aztving et!eot "to die prcmjfona of this' 8dlpter: ' !"' power of ceotn1 dave'l'dsmnt to make nla ptmfdl!d fhat oi)djq1tation \vita the board may be &pense<!- with if the cthtral ~ ii' of opidicm tut cbwmstanaea rave ~ wb1eh 1'iildh it ne1llldy to rules without inch codiultation, but in such a case the board shan be oodsulted wltbin sis months ot the making ot he rules ad the central government shall take into eonsideration any iligeitions which the board· may make ~ relation to tji6 ~t of _ 8a14 rolett (2) wjthout prejudice to the generality of the "foregoing power such id1ei may-- - - - - - (e) preaettbe the fo~ of uoences tor the manufactu~e for sale, for the sale anlt fot the d1atribution of drugs or any s;>ecified drug or clai· of c:irugi or of coiid8ttcs or any specifieiooametic or class of oocletiqlt the form of application for such licencu, the oonditions subject to which such l:lcences may be issued, the authority empowered to issue the same and the fees payable therefor; - - - - - (i) prescribe the conditions to be observed in the packing in bott1~, p,~ and other containers of drut(s or cosmet1cs, and proh11ilt the sale, stoc&g or exh1bftlon for sale, or dfstribiutfgd of dnqpr q1' cciiiiletfes pacdd in contra:ventioll f1f sugh eonctitiodl; - - - - - (ti) presertbe the powers and duties of inspectors and ipectfy the donp, or classaa of drup or ~~ or classes of cosmetics in re~a~on to w'bich and the conclitioll5, 1imi~tions or ~rlction ~bject to which, such powers and duties may be exercised or performed; - - - - 33c (1) the central government shall, by notiftcation in the oftlcial gazette and with effect from such date as may be spec1fled therein, constitute a board (to be called the ayurvedic ana unanf drops technical advisory board) to advise the central government and the state gov-'~,nti em 'technieal matters arising out of tbls chapter and to carry out ~he other functions assigned to it by this chapter ~ die id4 udiuil : erd·abt· «jry (2) the board shall consist of the followin, memben, name1y:-- - - - - (iii) the adviser in indigenou~ systems of medicine, ministry ef health, ex otficio; - - - - - (viii) two persons to be nominated by the central government from among members of the central council of ayurvedtc research; - - - - - (zi) two persons, one each to represent the ayurvedic (including siddha) and l:1nani drug industry, to be nominated by the central government; "(:rii) two perrons,c:me each frc;tn among the practitioners of a~ (ine1udfrg ddtja) and· ttniaf ,tam of mecftejne, to ije nomjnated by the central government - - - - - 330 from such date as may be fixed by the state government by notification in the official gazette in this behalf, no person shall himaelf or by any other person on his behalf, manufacture for sale any ayurvec:lic (including siddha) or unani drug,-(a) except under prescribed hygienic conditions; prohibi tion of manufacture for sale of ayurvedie (including siddha) and unant drup (b) except under the supervision of a person having the prescribed qualifications; (c) except under and in accordance with the conditions of a licence issued for such purpose under this chaqter; (d) unless the raw materials used in the preparation of such drug are genuine and are properly identified; (e) unless such drug is labelled with the tnie ust of au tho ingredients contained in it and with such other particulars 88 may be prescribed; and (f) in contravention of any of the provisions of this chapter or any rule made thereunder: provided that nothing in th;s section shall apply to vaidyas and hakims who manufacture such drugs for the use of their own patients: provided further that nothing in clauses (4), (b) and (e) shall apply to the manufacture, subject to prescribed conditions of small quantities of any such drug for the purpose of examinatfon,test or analysis 33£ from such date as mily be fixed by the state government by notiflcation in the omclal gazette in this behalf no person sh:tll··himself or by any other person on his behalf, fell, or stock or exhibit for sale, or distribute, any ayurvedic (including siddha) or unani dru~ other than that manufactured by a manufacturer licensed under this chapter - - " - " restrlction od sale, etc, of ayur vedic (in cludln, siddha) and unani drup 331 whoever contravenes the provisions of section 33d or section 33e or section 24 as applied bv section 33h or any rule made under this chapter shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupeel, or with both peaalt7 for manu facture, sale, etc ofayur_ vedic (ld-cludin slddha) ani! unadi dru,1 1ft contravention of thl chapter penalty for subsequent otrcllll!l 3u wh«?evel', having been con~cted of an offence under 8eetion 33d or section 33e is again convicted of an offence under the said section shall be punishable with imprisonment for a term which may extend to lix montha, or with flnewhich may extend to one thouiandrupees, or with both - " •• - - conp zance of offences 13m (1) no prosecution' und8r this chapter shall be inatituted except by an inspector ,"" (2) no court ~ior to that of a presidency magiatrate or of a magistrate of the first class shall try an oftence punishable under this chapter " , un (1) the central government" may, after consultation with the board and atter previous publication by notification in the official gazette, make rules for the purpose of giving e1fect to the provisions of this chapter: \| power \|\|----------\|\| central \|\| govern \|\| mentto \|\| make \|\| rules \|provided that consultation with the board may be dispensed with it the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case, the board shall be consulted within six months of the mating of the rules and the central government shall take into codsideration any suggestions which the board may make in relation to tlje amendment of the said rules (2) without prejudice to the generality of the foregoing power, such rules may-- - - - - (e) prescribe the forms of licences for the manufacture for sale of ayurvedic (including siddha) or unani drugs, the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to tssue the same and the fees payable therefor; publica· tlon of sentences passed under thla act (f) regulate the mode of labelling packed ayurvedic (including s1ddha) or unani drugs and prescribe the matters which shall or ahall not be included in such labels; - - - - - 35 (1) if any person is convicted of an offence under this act, it shall be lawful for the court before which the conviction takes place to cause the oftender's name, place of residence, the oftence of which he has been convicted and the penalty which has been inflicted upon him, to be publjahed at the expense of such person in such newspapers or in such other manner as the court may direct - - - - - 31 notwithstanding anything contained in the code of criminal procedure, 1898 it shall be lawful for any presidency magistrate or any magistrate of the first class to pass any sentence authorized by this act in excess of his powers under the said code - - - - - maliatrate' power to impose enhanced penal· ties ru1ea to belalci before parliament 38 every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of th:irty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modiftcation or annulment shall be without prejudice to the ftlsdity of anythina previously done under that rule - ~:~;-~~ [see section 3(4)]' ;a;;;a!:ocftiac (ttatn)dig s:i:iap) ~ - - - a bill further to amend the drugs and cosmetics act, 1940 (shri b shankmclmnd, miftwter 01 health cmd fmni&ti welffin)	Parliament_bills	b494049d-cf49-5219-8ce8-fd60aaaa0868
on the 8th december, 2006 bill no lxxxii of 2006 the working women (prevention of sexual harassment at workplaces) bill, 2006 a billto provide for the prevention of sexual harassment or exploitation of working women at their workplaces by their employers, superiors, fellow colleagues or by anyone who is directly or indirectly connected with such workplace through deterrent punishment and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the working women (prevention of sexual harassment at workplaces) act, 2006short title, extent and commencement5(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of state the government of that state and in other cases the central government;(b) "employer" means,—(i) in relation to an establishment under the control of the appropriate government, the head of the department or ministry as the case may be;5(ii) in relation to an establishment under any local authority or local self government, the chief executive officer by whatever designation called;(iii) in relation to other cases, the person or the authority who has the ultimate control over the affairs of the workplace; (c) "prescribed" means prescribed by rules made under this act;1015(d) "sexual exploitation or harassment" includes any unwanted or unwarranted gesture or verbal sexual advances, sexually explicit and derogatory statements or remarks, avoidable and unwarranted physical contacts, willfully touching or patting, suggestive sexual remarks, sexually slanted and obscene jokes, vulgar comments about physical appearance, indecent invitations, use of pornographic material, demand for sexual favours, demanding sexual favour by making telephone calls or sending sms, threats of physical assault or molestation on refusal by the women workers by their male superiors, colleagues or any one who for the time being is in a position to sexually exploit or harass the working women at any workplace;(e) "working woman" means any woman who is employed, whether directly or through any agency for wages or for similar other considerations at any workplace;\| 20 \|\|------\|\| 25 \|(f) "work place" includes a factory, mine, plantation, agricultural field, livestock rearing site including poultry, hospital or nursing home, shop or business establishment, brick kiln, construction site, banking or financial institutions including cooperative ones, government or semi-government establishments or departments including post offices and telecommunication, private office or service provider, cyber cafes and call centres, mobile phone companies, schools, colleges, universities and like institutions and such establishments wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, airlines, film industry and any such other place where a woman is employed for any work whatsoever3 (1) sexual exploitation or harassment of any working woman at her workplace is hereby prohibited30(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actprohibition of sexual exploitation or harassment of working women at workplace penalty45 of 1960354 notwithstanding anything contained in the indian penal code or any other law for the time being in force whoever contravenes the provisions of section 3 shall be punished with imprisonment for a term which shall not be less than three years but may extend to five years and also with fine which may extend to two lakh rupees5 (1) notwithstanding anything contained in any other law for the time being in force,the onus of proving the innocence shall be on the accused and the sexually harassed woman shall have the right to lead evidence in rebuttalburden of proof and trial in camera etc40(2) the trial of an offence committed under this act shall be held in camera if theharassed woman so desires(3) notwithstanding anything contained in any other law for the time being in force,the case of a sexually harassed woman at a workplace shall be pleaded either by herself or with her consent by any women's organisation or the trade union of which she is a member45setting up of complaint committees6 (1) the appropriate government shall as soon as may be set up adequate number ofcomplaint committees in all its ministries and departments, semi government organizations, public sector enterprises, banking and financial institutions, trusts and local self bodies and in all the district headquarters and block levels for redressal of the complaints made by the sexually exploited and harassed working women at their workplaces(2) the complaint committees shall consist of such members and the committee shall follow such procedure as may be prescribed7 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actact to supplement other laws5power to make rules8 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonshalf of the population of the nation is women who have been exploited for centurieshowever, with the change of time there is awakening amongst the women and, today, in almost every field of economic activity, women form a good part of the workforce as a result, the number of working women is increasing very fast women have now to work under the most disadvantageous service conditions in certain establishments and cases of their sexual exploitation are also increasing day by day working women are very often sexually harassed at the work places by their male employers, bosses, colleagues, and others but more often these cases are not reported by them for fear of social ostracism, family pressure or reprisal through threats and discriminatory treatment as a result the working women often feel insecure at their workplaces the supreme court of india has taken this issue very seriously in the case of vishaka and others vs state of rajasthan and others, the supreme court has laid down norms and guidelines to be followed by employers or other responsible persons in the workplaces or other institutions to prevent or deter the commission of acts of sexual harassment as also to provide the procedures for resolution , settlement or prosecution of acts of sexual harassment by taking all steps required including setting up of complaints committees for redressal of the complaint made by the victim the national commission for women has also taken up this issue very seriously it has, however been found that the complaint committees have not been formed in a number of casesthough the supreme court judgement is there, no law however, has been enacted to deal exclusively with this issue, which is of vital importance for the working women throughout the countryhence this billsushma swaraj financial memorandumclause 6 of the bill provides for setting up of complaint committees the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore may involve as recurring expenditure from the consolidated fund of india per annumno non-recurring expenditure is likely to be incurred memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the prevention of sexual harassment or exploitation of working women at theirworkplaces by their employers, superiors, fellow colleagues or by anyone who is directly or indirectly connected with such workplace through deterrent punishment and for matters connected therewith or incidental thereto————(shrimati sushma swaraj, mp)	Parliament_bills	94f2b1ef-45fc-5b3a-a84c-a523f4253a8c
bill no 82 of 2007 the constitution (amendment) bill, 2007 byshri mohan singh, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2007short title2 after article 24 of the constitution, the following article shall be inserted, namely:–insertion of new article 24a statement of objects and reasonsthe fundamental rights enshrined in the constitution represent two important factsthe first is that they are an explicit and significant articulation of the basic rights that every citizen in the country must enjoy in order to ensure that we have a meaningful democracy and the ideals articulated in the preamble of the constitution are realised in practice the second important fact is that they represent the rights which a citizen must enjoy if we want to have good governance by removing social evils like untouchability these rights have evolved over generations they represent the lessons the society has learnt from the past experience when these rights were not available to the citizens and consequently there was suffering and misgovernance for example, the protection from double jeopardy must have arisen because there was a time when a person could be punished again and again for the same offencesixty years of our existence as independent nation and fifty-seven years of working of the constitution has resulted in one common experience of all indian citizens they cannot go to any public organisation or office today and get the service which they are supposed to get without either paying bribe or bringing influence by way of recommendations or references from vips today, the situation is so bad that even a simple work can be got done only after paying necessary bribe or bringing influence it is a shameful thing that our country has been rated as one of the most corrupt countries in the world corruption cannot go unchecked it will kill initiative, industriousness and skill it will rather develop irresponsibility and a lack of sensibility today, corruption is not only in government departments but is prevalent everywherewhen we are talking about transparency in administration, freedom of information, etc it would be appropriate to talk about prevention of corruption which all go together today, we are attracting maximum foreign investment our computer engineers are making us proud by their achievements but one single factor, corruption, has downgraded our image to such an extent that all our efforts have been nullified certain steps like–(i) computerisation of all records;(ii) immediate action in case of corruption;(iii) complete transparency in administration; and(iv) severe punishment to the guiltycan be initiated immediately to tackle this menace with this in view, it is proposed to amend the constitution to make corruption free service as a fundamental right lok sabha———— a billfurther to amend the constitution of india————(shri mohan singh, mp)mgipmrnd—4462ls(s5)—14-11-2007	Parliament_bills	0dc98de2-8042-53f2-bf2d-bfc2cc8f7885
the micro finance institutions (development and regulation) bill, 2012—————— arrangement of clauses—————— chapter i preliminary clauses1short title and commencement2definitions chapter ii micro finance development council3constitution of micro finance development council4composition of council5terms of office and allowances of members of council6meetings of council7functions of council chapter iii state micro finance councils8establishment and functions of state micro finance council9term of office and allowances of state micro finance council chapter iv district micro finance committees10constitution of district micro finance committee11functions of district micro finance committee12report of district micro finance committees chapter v registration of micro finance institutions13no micro financé services without registration14application for registration15 grant of certificate16power of reserve bank to cancel certificate of registration17appeal against certain cases chapter vi reserve, accounts, audit and returns clauses18obligation to create reserve fund19accounts and balance sheet20audit21special audit22powers of auditors23returns to be filed by micro finance institutions chapter vii functions and powers of reserve bank24functions and powers of reserve bank25power of reserve bank to issue directions to micro finance institutions26margin not to be in excess of maximum limit27inspection28cease and desist order29closing or restructuring of business30winding up petition or other application for closure of micro finance activity chapter viii micro finance development fund31grants by central government32fund chapter ix redressal mechanism33redressal of grievances against micro finance institutions chapter x offences and penalties34contravention of provisions of act, orders and directions35giving false information36offences by micro finance institutions37powers of reserve bank to impose penalty38bar of civil court jurisdiction39certain offences to be cognizable40cognizance of offences41application of fine chapter xi delegation of powers clauses42delegation of certain powers of reserve bank to national bank chapter xii miscellaneous43preference to members or clients of micro finance institution in repayment44powers of central government to issue directions45power of central government to call for information, statements, etc46power to exempt class or classes of micro finance institutions from provisions of thisact47act to have over-riding effect48protection of action taken under the act49power to make rules50power to make regulations51rules, regulations and orders to be laid before parliament52power to remove difficulties the micro finance institutions (development and regulation) bill, 2012 a billto provide for development and regulation of the micro finance institutions for the purposeof facilitating access to credit, thrift and other micro finance services to the rural and urban poor and certain disadvantaged sections of the people and promoting financial inclusion through such institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows: — chapter i preliminaryshort title and commencement (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and any reference in such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision10definitions2 (1) in this act, unless the context otherwise requires,—(a) "annual percentage rate" means aggregate rate per annum in percentage consisting of interest, processing fees, service charges and any other charges or fees realised by the micro finance institution on any micro finance services provided to any client;(b) "client" means any member of the micro finance institution or self-help group or any other group availing the micro finance services from such institution or group;5(c) "co-operative society" means a co-operative society registered as such under any law relating to co-operative societies for the time being in force;(d) "council" means the micro finance development council constituted under section 3;(e) "district micro finance committee" means a committee constituted by the reserve bank under section 10;10(f) "margin" means the difference between the annual percentage rate charged by the micro finance institution and the cost of funds raised in percentage by the micro finance institution for providing any micro credit facilities;(g) "member" means a member of the micro finance development council constituted under section 3;15(h) "micro credit facilities" means any loan, advance, grant or any guarantee given or any other credit extended in cash or kind with or without security or guarantee;(i) "micro finance institution" means,—21 of 1860(a) a society registered under the societies registration act, 1860; or1 of 1956(b) a company registered under section 3 of the companies act, 1956; or20(c) a trust established under any law for the time being in force; or (d) a body corporate; or (e) any other organisation, as may be specified by the reserve bank, the object of which is to provide micro finance services in such manner as may be specified by regulations but does not include—25(i) a banking company, the state bank of india including its subsidiary banks, a scheduled bank, a co-operative bank, export and import bank, reconstruction bank, national housing bank, national bank, a regional rural bank and small industries development bank;30(ii) a co-operative society engaged primarily in agricultural operations or industrial activity or purchase or sale of any goods;(iii) any individual carrying on the activity of money-lending and registered as a moneylender under the provision of any state law which regulates such activities;35(j) "micro finance services" means any one or more of the following financial services provided by any micro finance institution, namely:40(a) micro credit facilities involving such amount, not exceeding in aggregate five lakh rupees for each individual and for such special purposes, as may be specified by the reserve bank from time to time, such higher amount, not exceeding ten lakh rupees, as may be prescribed;(b) collection of thrift; (c) pension or insurance services;45(d) remittance of funds to individuals within india subject to prior approvalof the reserve bank and such other terms and conditions, as may be specified by regulations;(e) any other such services, as may be specified, in such manner, as may be prescribed;61 of 1981 (k) "national bank" means the national bank for agriculture and ruraldevelopment established under section 3 of the national bank for agriculture and rural development act, 1981;5(l) "notification" means a notification published in the official gazette; (m) "prescribed" means prescribed by rules made under this act;21 of 1976(n) "regional rural bank" means a regional rural bank established undersub-section (1) of section 3 of the regional rural banks act, 1976;10 (o) "regulations" means regulations made by the reserve bank;2 of 1934(p) "reserve bank" means the reserve bank of india constituted under section3 of the reserve bank of india act, 1934;(q) "state micro finance council" means the state micro finance councilestablished by the central government under section 8;15 (r) "thrift" means money collected in any form other than in the form of currentaccount or demand deposits, by a micro finance institution from members of self-help groups or any other group of individuals, by whatever name called, who are availing micro finance services provided by such micro finance institution in accordance with the regulations made by the reserve bank in this behalf20 25(2) words and expressions used and not defined in this act but defined in the reservebank of india act, 1934, the banking regulation act, 1949, the companies act, 1956, the regional rural banks act, 1976, the export-import bank of india act, 1981, the national bank for agriculture and rural development act, 1981, the industrial reconstruction bank of india act, 1984, the national housing bank act, 1987 and the small industries development bank of india act, 1989, shall have the same meanings respectively assigned to them in those acts2 of 1934 10 of 1949 1 of 1956 21 of 1976 28 of 1981 61 of 1981 62 of 1984 53 of 1987 39 of 1989 chapter ii micro finance development council303 the central government may, by notification, constitute a council to be known as the micro finance development council to discharge the functions assigned to it under this actconstitution of micro finance development council4 the council shall consist of the following members, namely:—composition of council(a) a person of eminence, with experience in the field of banking, rural credit and micro finance, to be nominated by the central government—chairperson;35(b) four officers, one each from the ministry or the department of the centralgovernment having the administrative control of finance, rural development, women and child development and housing and urban poverty alleviation, not below the rank of joint secretary to the government of india, to be nominated by the central government—ex officio members;40(c) an officer of the reserve bank, not below the rank of an executive director, tobe nominated by the reserve bank—ex-officio member;(d) an officer of the small industries development bank of india, not below therank of an executive director, to be nominated by the small industries development bank of india—ex officio member;(e) an officer of the national bank dealing with micro finance, not below the rank of an executive director, to be nominated by the national bank—ex officio member;(f) an officer of the national housing bank, not below the rank of an executive director, to be nominated by the national housing bank—ex officio member;5(g) not more than four persons, of whom at least two shall be women, to be nominated by the central government, in consultation with the reserve bank from amongst persons with experience in the field of banking, rural credit or micro finance or the representatives of micro finance institutions or scheduled banks or any other institution providing micro finance services—members10 5 (1) a member of the council shall hold office for a period of three years and shall beeligible for reappointmentterms ofoffice andallowances of members ofcouncil(2) members of the council shall receive such fees and allowances as may be prescribed\| meetings \| of \|\|--------------------------------------------------------------------------------------------\|---------------------------------------------------------------------------------\|\| council \| \|\| 6 \| the council shall meet at such times and places and shall observe such rules of \|\| procedure in regard to the transaction of business at its meetings, as may be prescribed \| \|\| 15 \| \|\| functions of \| \|\| council \| \|\| 7 \| ( \|\| measures to be undertaken for orderly growth and development of micro finance institutions \| \|\| and schemes to be framed therefor \| \|\| 20 \| \|(2) without prejudice to the provisions contained in sub-section (1), the council may advise the central government on formulation of policies, measures to be taken and schemes to be framed for —(a) the adoption of any innovations and use of technology in providing micro finance services;(b) establishing credit information bureaus for creation of data-base of clients availing micro finance services from various micro finance institutions;25(c) the working of grievance redressal mechanisms to protect the interest of clients of micro finance services; or(d) any other matter which may be referred to the council by the central government for protecting the interest of clients availing micro finance services and in the interest of promotion of financial inclusion30 chapter iii state micro finance councils358 (1) the central government may, by notification, establish a state micro finance council for micro finance services in each state and considering the extent of micro finance activities in the states, establish such a micro finance council for two or more statesestablishment and functions of state micro finance council(2) each state micro finance council shall consist of the following members, namely :—(a) two nominees of the concerned state or states, one of whom to be designated by the central government as chairperson;40(b) a representative of the convener bank of the state level bankers' committee for any state or states;(c) one person representing the micro finance institutions operating in the state nominated by the central government; and45(d) one person having experience in the field of micro finance, nominated by the reserve bank(3) every state micro finance council shall be responsible to—(a) coordinate the activities of the district micro finance committees in thestate;(b) review growth and development of micro finance activities in the state;5(c) monitor over-indebtedness, if any, caused by micro finance institutions inthe state; and(d) monitor whether methods of recovery used by micro finance institutions arein accordance with the guidelines made by the reserve bank and to report to the reserve bank in respect of the violations, if any10(4)the central government may, by notification, entrust such other functions of the council under section 7 to any state micro finance council subject to such terms and conditions as it deems fit15(5) each state micro finance council shall submit a quarterly report to the central government on the implementation of the measures undertaken for the promotion and development of the micro finance institutions in the state including the following matters, namely:—(a) micro credit activities undertaken by micro finance institutions, overindebtedness of clients, if any, and consequent large scale defaults;(b) recovery practices adopted by micro finance institutions whether fair andreasonable;20(c) working of the grievance redressal mechanism; (d) overall assessment of the impact of measures undertaken and schemes framed;(e) any other matter which the state micro finance council deems necessary tobring to the notice of central government259 a member of the state micro finance council shall hold office for such term not exceeding three years and receive such fees and allowances as may be prescribed chapter ivterm of office and allowances of state micro finance council district micro finance committees3010 (1) the reserve bank may, constitute a district micro finance committee in each district, to be headed by the collector or an officer not below the rank of additional collector in that district in such manner as may be specified by regulationsconstitution of district micro finance committee(2) the district micro finance committee shall meet at such time and place, as the collector may direct, at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be specified by regulations:35provided that the representatives of the lead bank of the district, representative of the national bank in the district, a representative of micro finance institutions operating in the district and beneficiaries of micro finance services shall be invited to the meetings of the district micro finance committees40explanation—for the purposes of this section, "lead bank" of the district means a bank to which a district is assigned as per the lead bank scheme of the reserve bank of india11 the district micro finance committee shall discharge the following functions, namely:—(a) to review growth and development of micro finance activities in the district;functions of district micro finance committee(b) to monitor over-indebtedness, if any, caused by micro finance institutions in the district; and(c) to monitor whether methods of recovery used by micro finance institutions are in accordance with the guidelines made by the reserve bank and to report to the reserve bank in respect of the violations, if any512 every district micro finance committee shall submit a quarterly report to the reserve bank in such form and manner as may be specified and forward its copy to the state micro finance councilreport of district micro finance committee chapter v registration of micro finance institutions10no micro finance services without registration13 notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this act, no micro finance institution after the commencement of this act, shall commence or carry on the activity of providing micro finance services without obtaining a certificate of registration under this act\| 15 \| application \|\|-------------------------------------------------------------------------------------------\|---------------\|\| for \| \|\| registration \| \|\| 14 \| ( \|\| micro finance services, shall make an application for registration to the reserve bank in \| \|\| such form and manner along with such fee as may be specified by regulations: \| \|\| 20 \| \| provided that any micro finance institution, in existence at the commencement of this act, engaged in providing micro finance services before such commencement, shall within three months from the date of such commencement, make an application to the reserve bank for registration in the form and manner as specified under sub-section (1):25provided further that any micro finance institution, in existence at the commencement of this act, engaged in providing micro finance services before such commencement, may continue to carry on its activity of providing micro finance services till the disposal of such application2 of 193430(2) notwithstanding anything contained in sub-section (1), any company registered as a non-banking finance company with the reserve bank of india under the provisions of chapter iii-b of the reserve bank of india act, 1934, and engaged in extending micro finance services shall continue to do so and comply with the terms and conditions of its registration and any rules, regulations, directives and guidelines issued by the reserve bank to the non-banking finance companies, from time to time and also such other rules, regulations, directives and guidelines of the reserve bank as may be made or issued by the reserve bank for or to the micro finance institutions, under this actgrant of certificate3515 (1) the reserve bank may, for the purpose of grant of certificate of registration,satisfy itself that—(a) the general character or management of the micro finance institution is not oris not likely to be prejudicial to the interest of the present or future clients availing micro finance services;40(b) the micro finance institution is engaged in or intends to engage in providingmicro finance services;(c) the applicant has a net owned fund, created out of contributions to capital,reserves or grants or donations received by it, of at least five lakh rupees or such other higher amounts as may be specified by regulationsexplanation— for the purpose of this sub-section, "net owned fund" shall have, mutatis mutandis, the same meaning as assigned to it in the explanation to sub-section (7)of section 45-ia of the reserve bank of india act,1934(2) the reserve bank may, after being satisfied that the conditions referred to in subsection (1) are fulfilled, grant a certificate of registration to the micro finance institution to commence or continue to carry on the business of providing micro finance services subject to such conditions as it may consider necessary to impose:5provided that no application for registration shall be rejected unless the applicant has been given an opportunity of being heard(3) save as otherwise provided in this act, every micro finance institution registered under this act shall provide micro finance services to its clients in accordance with provisions of this act and rules and regulations made thereunder10(4) every micro finance institution shall give preference for providing micro creditfacility to the rural and urban poor and other disadvantaged sections of the people16 (1) the reserve bank may, by order, cancel the certificate of registration granted to a micro finance institution under section 15, if such micro finance institution—(i) ceases to carry on the activity of providing micro finance services; or\| power \| of \|\|----------------\|--------\|\| reserve bank \| \|\| to \| cancel \|\| certificate of \| \|\| registration \| \|15(ii) has failed to comply with any of the conditions subject to which the certificate of registration has been granted under sub-section (2) of section 15; or(iii) fails to comply with any direction issued by the reserve bank under the provisions of this act; or20(iv) fails to submit or offer for inspection of its books of account and other relevant documents under sub-section (4) of section 27; or(v) fails to comply with directives stipulated in the cease and desist order passed under section 28 (2) before cancelling the certificate of registration of any micro finance institution under sub-section (1), the reserve bank shall provide a reasonable opportunity of being heard to such micro finance institution25appeal against certain cases3017 (1) a micro finance institution aggrieved by an order of rejection of an application for grant of certificate of registration under section 15, or cancellation of certificate of registration under section 16, or any action taken by the reserve bank under sub-section (6) of section 27, may prefer an appeal to the central government or such other authority, as may be prescribed, within a period of sixty days from the date on which such order is communicated to the micro finance institution(2) the appeal shall be filed in such form and in such manner, as may be prescribed (3) the decision of the central government or the authority, where an appeal has been preferred under sub-section (1), shall be final:35provided that before making any order of rejection of appeal, such micro finance institution shall be given a reasonable opportunity of being heard chapter vi reserve, accounts, audit and returns40obligation to create reserve fund452 of 193418 (1) every micro finance institution registered with the reserve bank under this act shall create a reserve fund and transfer therein a sum, representing such percentage, as may be specified by the reserve bank, of its net profit or surplus realised by providing micro finance services every year as disclosed in the profit and loss account or income and expenditure account and before surplus is utilised for any other purpose:provided that nothing contained in this sub-section shall apply to a non-banking finance company registered with the reserve bank which is maintaining such reserve fund pursuant to any provisions of the reserve bank of india act, 1934 or any directions or regulations issued thereunder(2) no appropriation of any sum from the reserve fund shall be made by the micro finance institution, except for the purpose, as may be specified by the reserve bank from time to time, and every such appropriation shall be reported to the reserve bank within twenty-one days from the date of such appropriation5(3) the reserve bank may, in the public interest or in the interest of clients of anymicro finance institution, direct any micro finance institution or any class of micro finance institutions to invest the whole or part of such reserve fund in such unencumbered securities, as it may, by regulations specifyaccounts and balance sheet1019 at the close of each financial year, every micro finance institution shall prepare,with reference to that year, in respect of all services transacted by it, a balance sheet, profit and loss account or an income and expenditure account as on the last working day of the financial year, in such form as may be specified by regulationsaudit151 of 195620 the balance sheet, profit and loss account or an income and expenditure accountof the micro finance institution prepared in accordance with section 19 shall be audited by a person duly qualified under law for the time being in force to be an auditor of companies formed and registered under the companies act, 1956, or an auditor from the list of chartered accountants or other qualified persons approved by the reserve bankexplanation—for the purposes of this section "person duly qualified" means a person having qualification and experience, as may be specified by regulationsspecial audit20 2521 (1) without prejudice to the provisions contained in section 20, where the reservebank is of the opinion that it is necessary in the public interest or in the interest of clients or for the purpose of proper assessment of the records and books of account of the micro finance institutions, so to do, it may at any time, by order, direct a special audit of the accounts of such micro finance institution, for such transaction or class of transactions conducted by it or for such period or periods, as may be specified in the order and may by the same or a different order either appoint a person duly qualified under any law for the time being in force to be an auditor of companies and direct that the auditor shall comply with such directions as it may specify in that order and make a report of such audit to the reserve bank and forward a copy thereof to the micro finance institutions30(2) the expenses of, or incidental to the special audit, specified in the order made bythe reserve bank, shall be borne by the micro finance institutionspowers of auditors1 of 19563522 (1) the auditor appointed for audit under section 20 or for special audit under section 21 shall have the powers of, exercise the functions vested in, discharge the duties and be subject to the liabilities and penalties imposed on, the auditors of companies under section 227 of the companies act, 1956 and the auditors, if any, appointed under any law establishing, constituting or forming the micro finance institution concerned(2) without prejudice to the provisions contained in sub-section (1), the auditor shall report —(a) whether or not, the information and explanations required have been found to be satisfactory;40(b) whether the profit and loss account or income and expenditure account, as the case may be, shows the true balance of profit or income or loss for the period covered by such account;45(c) any other matter including defaults in repayment of thrift or interest thereonwhich the auditor considers necessary to be brought to the notice of eligible clients and the reserve bank to ensure good governance and transparency in the business of the micro finance institution concerned50(3) where any of the matters referred to in clauses (a) and (b) of sub-section (2) is answered in negative or with qualification, the auditor's report shall state the reasons for the samereturns to be filed by micro finance institutions23 save as otherwise provided in this act, every micro finance institution, at the commencement of this act, shall, within ninety days from the date of such commencement, file with the reserve bank a return containing particulars of its activities in such form and manner and thereafter at such intervals as may be specified by regulations5 chapter vii functions and powers of reserve bankfunctions and powers ofreserve bank24 (1) the reserve bank shall regulate, promote and ensure orderly growth of the micro finance institutions and take measures as it deems fit, for the purpose of promoting financial inclusion through such institutions10(2) without prejudice to the generality of the foregoing provisions contained in sub-section (1), the powers and functions shall include—(a) grant of certificate of registration to the applicant micro finance institution under section 15 or cancellation of such certificate under section 16;15(b) making of schemes for the orderly growth of the micro finance servicesprovided by micro finance institutions so as to ensure greater transparency, effective management and good governance in an efficient manner;(c) specifying the maximum limit of the margin and the annual percentage rate tobe charged by the micro finance institution for providing micro credit facilities to its clients;20(d) specifying the sector related benchmarks and performance standardspertaining to methods of operation, fair and reasonable methods of recovery, management and governance including model codes for conduct of activities of micro finance institutions;25(e) facilitating the development of credit rating norms or rating norms for otherpurposes for micro finance institutions;(f) specifying the form and manner of books of account to be maintained bymicro finance institutions;(g) specifying the form and manner of accounting of business operations ofmicro finance institutions and auditing standards relating thereto;30(h) calling for information and data from micro finance institutions for maintainingan appropriate database in the public domain relating to micro finance services and disseminating the same through a national dissemination network;(i) constituting a micro finance development fund and to apply it for thepurposes as provided in section 32;35(j) promoting development of micro finance institutions, engaged in micro financeservices through training and capacity building measures;(k) promoting customer education of all institutions engaged in micro financeservices for greater awareness and for economic empowerment of micro finance clients;(l) supporting research, field research, documentation and dissemination thereofrelating to micro finance sector;40(m) coordinating with other agencies for orderly growth and development ofinstitutions engaged in the micro finance services;45(n) documenting and disseminating information relating to best practices with a view to ensuring provision of micro finance services at an affordable cost to eligible clients; and(o) perform such other functions as may be prescribed\| power \| of \|\|---------------\|-------\|\| reserve bank \| \|\| to \| issue \|\| directions to \| \|\| micro finance \| \|\| institutions \| \|\| 5 \| \|25 (1) if the reserve bank is satisfied that, in the public interest or to prevent the affairs of any micro finance institution being conducted in a manner detrimental to the interest of the clients availing micro finance services or in a manner prejudicial to the interest of the micro finance institution, it is necessary or expedient so to do, it may give directions to a class or classes or all micro finance institutions generally, as the case may be, and such micro finance institution shall be bound to follow the policy so determined and the directions so issued(2) in particular and without prejudice to the generality of the foregoing powers, such directions may provide for all or any of the following matters, namely: —10(a) extent of deployment of assets for providing micro finance services andproportion of clients availing such services, necessary to classify any institution as micro finance institution;15(b) ceiling on amount of micro credit facilities and the number of individualclients to whom such micro credit facilities may be provided by any micro finance institution;(c) tenure of micro credit facilities given to clients and other terms and conditions for which micro credit facilities, can be given, margin caps and periodicity of repayment schedules;20(d) levy of processing fees, interest, life insurance premium and other termsrelating to micro credit facilities including the ceiling on the percentage of margin to be maintained by a micro finance institution;(e) the maximum annual percentage rate which may be charged by a micro financeinstitution on the micro credit facilities granted to any client;25(f) the locations where micro credit facilities may be sanctioned and disbursedby micro finance institutions;(g) micro finance institutions to become members of credit information bureausthat may be set up for the micro finance sector;30(h) observing code of conduct formulated by any organisation of micro financeinstitution recognised by the reserve bank and setting up of grievance redressal mechanism for their clients as required by such organisation;(i) a client protection code and its acceptance and observance by micro financeinstitutions;(j) micro finance institutions to achieve better control , simplification of proceduresand reduction of costs by use of information technology;35(k) the minimum net worth of micro finance institutions considering their size ofoperations and other relevant parameters;(l) norms for corporate governance to be observed by micro finance institutions;40(m) prudential norms relating to income recognition, accounting standards,provisioning for bad and doubtful debts, capital adequacy based on risk weights for assets and deployment of funds;(n) disclosure of assignments or securitisation of assets as also assets assigned with recourse or with arrangement as agent for collection of loan instalments;(o) raising of preference share capital or other capital by micro finance institution;45(p) grant of recognition to any self regulatory organisation of micro finance institutions for efficient conduct of the business of micro finance institution; and(q) such other directions as may be specified by regulationsmargin not to be in excess of maximum limit26 (1) a micro finance institution engaged in the activity of providing micro credit facilities shall not collect a margin which is in excess of the maximum limit thereof, as may be specified from time to time by the reserve bank, for a micro finance institution or a class of micro finance institutions5(2) the reserve bank may specify, by regulations, margin under sub-section (1) for micro finance institutions generally or for a class of micro finance institutions or for any micro finance institution in particular, considering the size of their operations, risk associated with such operations and such other parameters, as it deems fit10(3) a micro finance institution engaged in the activity referred in sub-section (1) shall convey to every client or borrower the annual percentage rate comprising of the annual interest rate, processing fees or any other charge or fee levied by the micro finance institution and incorporate the same distinctly and prominently in the loan document of the client or the borrower, in the sanction letter given to the client or borrower, as the case may be15(4) a micro finance institution shall obtain from the statutory auditors a certificate that the margin available to, and realised by, the micro finance institution does not exceed the maximum limit specified by the reserve bank and that the micro finance institution has complied with the requirements of sub-sections (1) and (2)inspection2027 (1) the reserve bank shall, at any time or on being directed so to do by the central government cause an inspection of any micro finance institution and its books and accounts and the reserve bank shall supply to the micro finance institution a copy of the report of such inspection(2) without prejudice to the provisions of sub-section (1), the reserve bank may cause a scrutiny of the affairs of any micro finance institution and its books and accounts25(3) a copy of the report of the scrutiny shall be furnished to the micro finance institution, if the micro finance institution makes a request for the same or if any adverse action is contemplated against the micro finance institution on the basis of the scrutiny30(4) it shall be the duty of every person who is a director, trustee or a member of managing committee, manager, secretary or other officer or employee of the micro finance institution to produce before any officer authorised to make an inspection, all such books of account, records and other documents in custody or power of such person to furnish any statement or information relating to affairs of the micro finance institution, as the inspecting authority may require within such time, as may be specified35(5) any officer making an inspection under sub-section (1) or a scrutiny under sub-section (2) may examine on oath any director, trustee or a member of managing committee, manager, secretary or other officer or employee of the micro finance institution in relation to its business, and may administer an oath accordingly40 45(6) if the reserve bank, after considering the report of inspection under sub-section(1) or scrutiny under sub-section (2), is of the view that the affairs of any micro finance institution are being conducted to the detriment of its clients, it may after giving such opportunity to the micro finance institution to make representation in connection with the report, take such action as it deems fit including removal of any officer, office bearer or managing committee of the micro finance institution or prohibiting the micro finance institution from providing micro finance services for such period as the reserve bank may deem fit, in the manner as may be specified by regulationscease and desist order28 (1) if on inspection or perusal of annual accounts or any returns submitted by any micro finance institution, the reserve bank is satisfied that activities of that micro finance institution are being conducted in a manner prejudicial to the interest of its clients or members of the self-help group (thrift group) or the micro finance institution itself, the reserve bank may pass a cease and desist order within sixty days of such inspection50directing such micro finance institution to cease and desist from providing the micro finance services, subject to such terms and conditions as may be specified in such order5(2) in the cease and desist order, the reserve bank may, direct the micro finance institution not to sell, transfer, create any charge or mortgage or deal in any manner with its property and assets without prior written permission of the reserve bank during the subsistence of the cease and desist order(3) the reserve bank may, grant time to such micro finance institution for taking necessary steps to comply with the directions of the order passed under sub-section (1)10(4) the reserve bank may withdraw the cease and desist order issued under sub-section (1), if the reserve bank is satisfied that micro finance institution has complied with the directions issued under such order\| closing \|\|---------------\|\| restructuring \|\| of business \|\| 15 \|29 (1) no micro finance institution registered under this act providing micro finance services or other services shall close its activity or amalgamate with other institutions, or take over any other business or its shareholding or demerge or divide, or restructure, or otherwise transfer the ownership or control of its activity of providing micro finance services unless a scheme thereof is approved by the reserve bank under this section(2) the micro finance institution shall formulate a scheme for any of the purposes specified in sub-section (1) and submit it to the reserve bank for approval20(3) the reserve bank shall not approve any scheme submitted to it under sub-section (2), unless it is in public interest and has been sanctioned by the appropriate authority under the provisions of the law applicable to such micro finance institutions for the time being in force(4) the reserve bank may, by an order, approve the scheme under sub-section (2)subject to such terms and conditions as it may specify in the order25(5) where a scheme is approved by the reserve bank under sub-section (4), the reserve bank may, in the order under that sub-section or by another order, direct that on such date the micro finance institution shall stand restructured or cease to function and stand dissolved3030 (1) without prejudice to anything contained in any other law for the time being in force applicable to winding up of any micro finance institution, the reserve bank, on being satisfied that a micro finance institution—(a) is unable to pay its debt; orwinding up petition or other application for closure of micro finance activity(b) has by virtue of provisions of this act become disqualified to carry on the activity of micro finance institution; or35(c) has failed to comply with any directives or orders issued by the reserve bank including the cease and desist order or otherwise; or(d) the continuance of the micro finance institution is detrimental to public interest or to the interest of the clients of the institution,40may file an application for winding up or any other application by whatever name called for closure of its activity, before the appropriate authority or court empowered to wind up the business or activity of the micro finance institution under the law applicable to such micro finance institution:45provided that where the micro finance institution against whom application for winding up is filed is also engaged in any other activity, the concerned micro finance institution may be permitted to continue such activity and restrict the winding up or closure of the business only to the activity of providing micro finance services with the approval of the concerned authority or court(2) any authority or court, empowered to wind up the business of the micro finance institution, may pass such orders as it deems fit5explanation—for the purpose of this section, a micro finance institution shall be deemed to be unable to pay its debts, if it has refused or has failed to meet within five working days any lawful demand made at any of its officers or branches and the reserve bank certifies in writing that such institution is unable to pay its debt chapter viii micro finance development fund10grants by central government31 the central government may, after due appropriation made by parliament by law in this behalf, grant such sum of money as that government may think fit, to the reserve bank for being utilised for the purposes specified under sub-section (3) of section 32fund32 (1) the reserve bank shall constitute a fund to be called the micro finance development fund (hereafter called "the fund") and there shall be credited thereto —(a) all government grants received and fees payable under this act;15(b) all sums that may be raised by the reserve bank from donors, institutions,other entities and public for the purpose of this act;(c) any interest or other income received out of investments made from the fund under clause (c) of sub-section (3);20(d) the balance outstanding in the micro finance development and equity fund maintained by the reserve bank, before the commencement of this act (2) the fund shall be managed by the reserve bank in such manner as may be specified by regulations duly approved by the central board of directors of the reserve bank(3) the fund shall be applied—25(a) to provide loans, refinance, grant, seed capital or any other micro credit facilities to any micro finance institution or any other agency which the reserve bank may by regulations specify;30(b) to give grants or loans for training and capacity building of institutionsengaged in micro finance services and personnel engaged in promoting and providing micro finance services and meeting other expenditure related to such training and capacity building on such terms and conditions as may be specified by regulations;(c) to invest in equity or any other form of capital or quasi-equity of a micro finance institution or any other agency on such terms and conditions as may be specified by regulations;35(d) to meet the necessary expenses in relation to collection, analysis, dissemination of information relating to micro finance, conduct of such research, experiments or studies as may be specified, and to design, promote, and propagate such practices as may be considered conducive to the growth of micro finance services;40(e) to meet any other expenses as may be required for the promotion of micro finance services as the reserve bank by regulations specify;(f) to meet any other expenses (except salaries, allowances and other remuneration of officers and other employees) of the reserve bank in connection with discharge of its functions as may be specified by the regulations45 chapter ix redressal mechanism5redressal of grievances against micro finance institutions33 (1) the reserve bank shall formulate a scheme for redressal of grievances of beneficiaries of micro finance services against micro finance institutions and may entrust the functions of redressal of such grievance redressal to any ombudsman established under any other scheme framed by the reserve bank for clients of banks, with powers to issue directions to micro finance institutions(2) any scheme to be formulated under sub-section (1) shall provide for —(a) nature of grievance and complaints that may be entertained; (b) procedure for redressal of grievances and complaints;10(c) any other matter that may be necessary for effective redressal of grievances chapter x offences and penalties15contravention of provisions of act, orders and directions34 if any provision of this act is contravened or any default is made in complying with any other requirement of this act or of any rules, regulations or orders or directions given or notification issued or condition imposed thereunder, any person guilty of such contravention or default shall be punishable with imprisonment for a term not exceeding two years or with fine which may extend to five lakh rupees and where, a contravention or default is a continuing one, with further fine, which may extend to ten thousand rupees for everyday after the first, during which the contravention or default continues20giving false information2535 whoever, in any application, declaration, return, statement, information or particulars made, required or furnished by or under or for the purposes of any provision of this act, or any rule, regulation or order or direction made or given thereunder, willfully makes a statement which is false in any material particulars knowing it to be false or willfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees\| offences \|\|---------------\|\| micro finance \|\| institutions \|36 (1) where an offence under this act is committed, the person who was in charge of, and was responsible to, the micro finance institution for the conduct of business of the micro finance institution, as well as the micro finance institution itself, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:30provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention or default was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence35 40(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a micro finance institution and it is proved that the same was committed with the consent or connivance of, or is attributable to any neglect on the part of, any person who is or was a director, trustee, member of the managing committee, manager, secretary or other officer or employee of the micro finance institution when the offence is or was committed, such person shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section, any offence punishable under this act shall be deemed to have been committed at the place where the registered office or principal office of the micro finance institution, is situated45 37 (1) notwithstanding anything to the contrary contained in section 34, the reserve bank may impose monetary penalty, which may extend up to five lakh rupees where the contravention is of the nature referred to in section 34powers of reserve bank to impose penalty(2) for the purpose of imposing penalty under this section, the reserve bank shall serve notice on the micro finance institution requiring it to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such micro finance institution5(3) any penalty imposed by the reserve bank under sub-section (1) shall be payablewithin a period of thirty days from the date on which the notice by the reserve bank demanding payment of the amount is served on the micro finance institution and the orders of the reserve bank shall be enforceable in the same manner as if it were a decree made by the civil court in a civil suit10 (4) all sums realised by imposition of penalties under this section shall be credited tothe consolidated fund of indiabar of civil court jurisdiction38 no civil court shall have jurisdiction against any micro finance institution inrespect of any contravention or default for which any penalty has been imposed by the reserve bank2 of 197415certain offences to be cognizable39 notwithstanding anything contained in the code of criminal procedure, 1973,every offence connected with or arising out of acceptance of thrift or repayment thereof, shall be a cognizable offencecognizance of offences2040 (1) no court shall take cognizance of any offence punishable under this act orrules or regulations made thereunder except upon a complaint made in writing by an officer or other person authorised, by general or special order, by the reserve bank:provided that no such officer or other person shall be competent to file the complaintunless he is generally or specially authorised in writing by the reserve bank(2) no court inferior to that of metropolitan magistrate or a judicial magistrate of thefirst class shall try any offence punishable under this act252 of 1974 (3) notwithstanding anything to contrary contained in the code of criminal procedure,1973, a court, if it considers fit to do so, may dispense with the attendance of the officer of the reserve bank or other person filing the complaint on its behalf, but the court in its discretion at any stage of the proceeding, may direct personal attendance of such officer or the person30application of fine41 the court imposing any fine under this act may direct that the whole or any partthereof shall be applied for, or towards payment of, the cost of the proceeding chapter xi delegation of powers35delegation of certain powers of reserve bank to national bank42 (1) the central government, in consultation with the reserve bank may, by notification, delegate any of the powers of the reserve bank conferred under this act, except under sections 30, 37 and 49, to the national bank or any agency under the control of the central government in respect of any micro finance institution or a class of micro finance institutions or micro finance institutions generally, subject to such conditions as it deems fit40(2) any notification issued under sub-section (1) shall specify the specific powers under various provisions of this act which are delegated to the national bank or any agency under the control of the central government45(3) the national bank or agency under the control of the central government shall exercise the powers delegated by the central government subject to such conditions as may be specified in the notification under sub-section (1) and such directives and guidelines which may be issued by the reserve bank from time to time(4) any action taken by the national bank or agency under the control of the central government pursuant to the delegation of powers under sub-section (1) shall be deemed to be the action of the reserve bank and provisions contained in section 17 for appeal shall be applicable chapter xii miscellaneous5preference to members or clients of micro finance institution in repayment43 in the event of any micro finance institution making default in repayment of thrift to its members or clients who had made a contribution to thrift, all the workmen shall be paid their dues in priority to all others and thereafter all such members or clients of such micro finance institution shall have a preference in repayment, and shall have the first charge over the assets of the micro finance institution and specified unencumbered securities, if any, referred to in sub-section (3) of section 181044 (1) the central government may issue directions to the reserve bank, the micro finance development council or any state micro finance council on matters of policy and implementation of schemes and other measures as may be necessary for orderly growth and development of micro finance institutions for promoting financial inclusionpower of central government to issue directions15(2) without prejudice to the provisions of sub-section (1), the reserve bank, the micro finance development council or any state micro finance council shall, in exercise of the powers or the performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time:20provided that the reserve bank, the micro finance development council or any state micro finance council shall as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section(3) the decision of the central government, whether a question is of policy or not, shall be final2545 the central government may, in consultation with the reserve bank from time to time, require the furnishing of information, returns, statements and such other particulars in regard to micro finance institutions in such form and in such manner as may be prescribed, and the micro finance institution shall furnish to the central government such information, returns, statements and particularspower of central government to call for information, statements, etc46 (1) the central government may, in the public interest, by notification, direct that all or any of the provisions of this act,—30(a) shall not apply to such class or classes of micro finance institutions; (b) shall apply to the class or classes of micro finance institutions with such exceptions, modifications and adaptations, as may be specified in the notificationpower to exempt class or classes of micro finance institutions from provisions of this act35 40(2) a copy of every notification issued under sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both housesact to have overriding effect47 the provisions of this act shall have effect, notwithstanding anything inconsistenttherewith contained in any other law for the time being in force or any instrument having effect by virtue of any such lawprotection of action taken under the act548 no suit or other legal proceedings shall lie against the reserve bank, or any director, or any officer, or other employee of the reserve bank, or any other person or agency authorised by the reserve bank, to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or of any other law or provision having the force of law\| power \|\|-------------\|\| make rules \|49 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act10(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —(a) the higher amount for such special purposes under sub-clause (a) of clause(j) of sub-section (1) of section 2;(b) the manner of providing micro finance services under clause (j) of section 2;(c) the fees and allowances receivable by members of the council under subsection (2) of section 5;15(d) the time and place and the rules of procedure for transaction of business at the meetings of the council under section 6;(e) the term of office and allowances of members of the state micro finance council under section 9;20(f) authority before whom appeal may be preferred under sub-section (1), the form and the manner of filing of appeal under sub-section (2), of section 17;(g) such other functions to be performed by the reserve bank under clause (n)of sub-section (2) of section 24;(h) the form and manner of furnishing of returns, statements and other particulars under section 45;25(i) any other matter which is to be, or may be, prescribedpower to make regulations50 (1) the reserve bank, with the previous approval of the central government may, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder to carry out the purposes of this act30(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the other terms and conditions of remittance of funds under sub-clause (d) of clause (j) of section 2;35(b) the rules of procedure to be observed by the district micro finance committeeunder sub-section (2) of section 10;(c) the form and manner of submitting quarterly report by the district microfinance committee to the reserve bank under section 12;40(d) the form and manner and fee payable for making an application for registrationby the micro finance institution to the reserve bank under sub-section (1) of section14;(e) other higher amount of net owned fund under clause (c) of sub-section (1) ofsection 15;(f) the unencumbered securities for the purpose of investment under sub-section(3) of section 18;45(g) the form in which the balance sheet, profit and loss account or an income and expenditure account shall be prepared under section 19;(h) qualifications and experience of a person duly qualified under section 20; (i) the form and the manner of filing return under section 23; (j) the maximum limit of the margin and the annual percentage rate to be charged by the micro finance institution for providing micro credit facilities to its clients under clause (d) of sub-section (2) of section 24;5(k) the procedure for removal of any officer, office bearer or managing committee of the micro finance institution or for prohibiting the micro finance institution from providing micro finance services for such period as the reserve bank may deem fit under sub-section (6) of section 27;10(l) the manner of management of the fund by the reserve bank under subsection (2) of section 32;(m) providing loans, refinance, grants, seed capital or any other financial assistance to any micro finance institution or any other agency under clause (a) of sub-section (3) of section 32;15(n) the terms and conditions subject to which grants or loans shall be given by the reserve bank under clause (b) of sub-section (3) of section 32;(o) the terms and conditions subject to which the investment in equity or any other form of capital or quasi-equity of a micro finance institution shall be made under clause (c) of sub-section (3) of section 32;20(p) any other expenses as may be required for the promotion of micro finance services under clause (e) of sub-section (3) of section 32;(q) the other expenses (except salaries, allowances and other remuneration of officers and other employees) of the reserve bank under clause (f) of sub-section (3) of section 32; (r) any other matter which is required to be, or may be, specified by regulations25rules, regulations and orders to be laid before parliament30 3551 every rule or order made by the central government and every regulation made by the reserve bank and any order of exemption made under section 44 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation or order or both houses agree that the rule, regulation or order should not be made, the rule, regulation or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or orderpower to remove difficulties\| 52 \|\|-------------------------------------------------------------------------------------------------\|\| government may, by order published in the official gazette, make such provisions not \|\| inconsistent with the provisions of this act, as appear to it to be necessary or expedient, for \|\| removing the difficulty: \|provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsthe banking system has achieved significant growth in terms of average population covered per bank office and has also been able to reduce the levels of credit gaps in the economy in spite of such growth, many of the poor households still do not have access to basic financial services such as savings, credit and remittances and such financial exclusion faced by such people results in discrimination and denial of equal opportunities to them financial inclusion is an important priority of the central government2 there are many societies, companies, trusts and bodies corporate and such other institutions which are engaged in providing micro finance services to the poor households as a complementary to the banking system since these institutions lack a formal statutory framework for providing such micro finance services, it is expedient to provide a statutory framework for the promotion, development, regulation and orderly growth of such micro finance institutions and thereby facilitate financial inclusion it is, therefore, considered necessary to enact a law for the said purpose3 in pursuance of the budget speech for the year 2006-07, the central government introduced the micro financial sector (development and regulation) bill, 2007 in the lok sabha on 20th march, 2007 the bill was referred to the departmental related parliamentary standing committee on the ministry of finance however, on account of the dissolution of the lok sabha, the bill lapsed4 it has now been decided to introduce the micro finance institutions (development and regulation) bill, 2012, with certain modifications the micro finance institutions (development and regulation) bill, 2012, inter alia, provides for the following, namely:—(a) regulation of micro finance institutions providing micro finance services, such as micro credit facilities, thrift, pension or insurance services and remittance of funds and prohibit micro finance institutions from carrying on the activities of micro finance services without registration with the reserve bank but allows the existing non-banking finance companies registered under the reserve bank of india act, 1934 to continue such services without registration;(b) constitution of the micro finance development council to advise the central government on formulation of policies, schemes and other measures required to be taken in the interest of orderly growth and development of micro finance institutions and advice on such other matters as specified in sub-clause (2) of clause 7 of the bill;(c) establishment of state micro finance council in each state or for two or more states, considering the extent of micro finance activities in such states and such council shall report to the central government on the implementation of the measures undertaken for the promotion and development of micro finance institutions and shall be responsible for the matters specified in items (a) to (d) of sub-clause (3) of clause 8 and discharge such other functions as may be entrusted by the central government;(d) establishment of a district micro finance committee in each district, to be headed by the collector of the district or any officer not below the rank of additional collector, to review the growth and development of micro finance activities in the district, monitor over-indebtedness and methods of recovery used by the micro finance institutions and discharge the functions specified in clause 11;(e) make provision for cancellation of registration for failure to carry on business of providing micro finance services, contravention of the conditions of registration or directions issued by the reserve bank or failure to comply with the directives stipulated in cease and desist order;(f) confer power upon the reserve bank to,-—(i) specify the maximum limit of the margin and annual percentage rate which can be charged by any micro finance institution, sector related benchmarks and performance standards pertaining to methods of operation, fair and reasonable methods of recovery of loan advanced by the micro finance institutions;(ii) cause inspection of the accounts of the micro finance institutions and take necessary action including passing of the cease and desist order and to impose monetary penalty for contravention or non-compliance of the provisions of the proposed legislation; (g) prohibit micro finance institutions to close or restructure their activities without the approval of the reserve bank;(h) enable the reserve bank to file winding up petition or application for the closure of the activities of the micro finance institution if such institution is unable to pay its debt or fails to comply with the directives of the reserve bank or the conditions of the registration or continuance of such institution is detrimental to the public interest or interests of its clients;(i) make provisions for constitution of the micro finance development fund to be applied for the purpose of providing loans, grants or seed capital as also for training of personnel engaged in micro finance institution services;(j) make provisions for formulation of schemes for redressal of grievances of the beneficiaries of the micro finance services;(k) provide for levy of penalties for contravention of the provisions of the proposed legislation or default made in complying with any other requirement of the proposed legislation or giving false information 4 the notes on clauses explain in detail the various provisions contained in the bill 5 the bill seeks to achieve the above objectives pranab mukherjeenew delhi;the 16th may, 2012 ———— president's recommendation under article 117 of the constituttion of india ————[copy of letter no 13/01/2006-ac, dated 17 may, 2012 from shri pranab mukherjee, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the micro finance institutions (development and regulation) bill, 2012 has recommended the introduction and consideration of the said bill in lok sabha under article 117(1) and (3) of the constitution of india notes on clausesclause 2-—this clause defines certain terms and expressions used in the bill, namely,"annual percentage rate", "co-operative society", "district micro finance committee", "micro credit facilities", "micro finance institution", "micro finance services", "state micro finance council" and "thrift"clause 3-—this clause relates to constitution of micro finance development councilit provides that the central government may, by notification, constitute a council to be known as the micro finance development council to discharge the functions assigned to it under this actclause 4—this clause relates to composition of council it provides that the council shall consist of—(a) a person of eminence, with experience in the field of banking, rural credit and micro finance, to be nominated by the central government —chairperson; (b) four officers, one each from the ministry or the department of the central government having the administrative control of finance, rural development, women and child development and housing and urban poverty alleviation, not below the rank of joint secretary to the government of india, to be nominated by the central government —ex officio members; (c) an officer of the reserve bank, not below the rank of an executive director, to be nominated by the reserve bank —ex officio member; (d) an officer of the small industries development bank of india, not below the rank of an executive director, to be nominated by the small industries development bank of india —ex officio member; (e) an officer of the national bank dealing with micro finance, not below the rank of an executive director, to be nominated by the national bank —ex officio member; (f) an officer of the national housing bank, not below the rank of an executive director, to be nominated by the national housing bank—ex officio member; (g) not more than four persons, of whom at least two shall be women, to be nominated by the central government, in consultation with the reserve bank from amongst persons with experience in the field of banking, rural credit or micro finance or the representatives of micro finance institutions or scheduled banks or any other institution providing micro finance services—membersclause 5—this clause provides terms of office and allowances of members of councilsub-clause (1) of this clause provides that a member of the council shall hold office for a period of three years and shall be eligible for reappointment sub-clause (2) of this clause provides that members of the council shall receive such fees and allowances as may be prescribedclause 6—this clause relates to the meetings of council it provides that the council shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribedclause 7—this clause deals with the functions of council sub-clause (1) of this clause provides that the council shall advise the central government on formulation of policies and measures to be undertaken for orderly growth and development of micro finance institutions and schemes to be framed therefor sub-clause (2) of this clause provides that without prejudice to the provisions contained in sub-section (1), the council may advise the central government on formulation of policies, measures to be taken and schemes to be framed for —(a) the adoption of any innovations and use of technology in providing micro finance services; (b) establishing credit information bureaus for creation of data base of clients availing micro finance services from various micro finance institutions; (c) the working of grievance redressal mechanisms to protect the interest of clients of micro finance services; or (d) any other matter which may be referred to the council by the central government for protecting the interest of clients availing micro finance services and in the interest of promotion of financial inclusionclause 8—this clause relates to the establishment and functions of state micro finance council sub-clause (1) of this clause provides that the central government may, by notification, establish a state micro finance council for micro finance services in each state and considering the extent of micro finance activities in the states, establish such a micro finance council for two or more states sub-clause (2) of this clause provides that each state micro finance council shall consist of—(a) two nominees of the concerned state or states, one of whom to be designated by the central government as chairperson; (b) a representative of the convener bank of the state level bankers' committee for any state or states; (c) one person representing the micro finance institutions operating in the state nominated by the central government; and (d) one person having experience in the field of micro finance, nominated by the reserve banksub-clause (3) of the said clause provides that every state micro finance council shall be responsible to—(a) coordinate the activities of the district micro finance committees in the state; (b) review growth and development of micro finance activities in the state; (c) monitor over-indebtedness, if any, caused by micro finance institutions in the state; and (d) monitor whether methods of recovery used by micro finance institutions are in accordance with the guidelines made by the reserve bank and to report to the reserve bank in respect of the violations, if anysub-clause (4) of this clause provides that the central government may, by notification, entrust such other functions of the council under section 7 to any state micro finance council subject to such terms and conditions as it deems fit sub-clause (5) of this clause provides that each state micro finance council shall submit a quarterly report to the central government on the implementation of the measures undertaken for the promotion and development of the micro finance institutions in the state including the matters of—(a) micro credit activities undertaken by micro finance institutions, over-indebtedness of clients, if any, and consequent large scale defaults; (b) recovery practices adopted by micro finance institutions whether fair and reasonable; (c) working of the grievance redressal mechanism; (d) overall assessment of the impact of measures undertaken and schemes framed; (e) any other matter which the state micro finance council deems necessary to bring to the notice of the central governmentclause 9—this clause deals with the term of office and allowances of state micro finance council a member of the state micro finance council shall hold office for such term not exceeding three years and receive such fees and allowances as may be prescribedclause 10—this clause provides for constitution of district micro finance committees sub-clause (1) of this clause provides that the reserve bank may, constitute a district micro finance committee in each district, to be headed by the collector or an officer not below the rank of additional collector in that district in such manner as may be specified by regulations sub-clause (2) of this clause provides that the district micro finance committee shall meet at such time and place, as the collector may direct, at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be specified by regulations however, the representatives of the lead bank of the district, representative of the national bank in the district, a representative of micro finance institutions operating in the district and beneficiaries of micro finance services shall be invited to the meetings of the district micro finance committees this clause clarifies that the "lead bank" of the district, for the purposes of this section, means a bank to which a district - is assigned as per the lead bank scheme of the reserve bank of indiaclause 11—this clause relates to the functions of the district micro finance committee it provides that the district micro finance committee shall discharge the functions, namely:—(a) to review growth and development of micro finance activities in the district; (b) to monitor over-indebtedness, if any, caused by micro finance institutions in the district; and (c) to monitor whether methods of recovery used by micro finance institutions are in accordance with the guidelines made by the reserve bank and to report to the reserve bank in respect of the violations, if anyclause 12—this clause deals with the report of district micro finance committeesit provides that each district micro finance committees shall submit a quarterly report to the reserve bank in such form and manner as may be specified and forward its copy to the state micro finance councilclause13—this clause provides that no micro finance services to be provided without registration it provides that notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this act, no micro finance institution after the commencement of this act, shall commence or carry on the activity of providing micro finance services without obtaining a certificate of registration under this actclause 14—this clause relates to application for registration sub-clause (1) of this clause provides that a micro finance institution, which intends to carry on the activity of providing micro finance services, shall make an application for registration to the reserve bank in such form and manner along with such fee as may be specified by regulations however, any micro finance institution, in existence at the commencement of this act, engaged in providing micro finance services before such commencement, shall within three months from the date of such commencement, make an application to the reserve bank for registration in the form and manner as specified under sub-section (1) it further provides that any micro finance institution, in existence at the commencement of this act, engaged in providing micro finance services before such commencement, may continue to carry on its activity of providing micro finance services till the disposal of such application subclause (2) of this clause provides that notwithstanding anything contained in sub-section (1), any company registered as a non-banking finance company with the reserve bank of india under the provisions of chapter iii-b of the reserve bank of india act, 1934, and engaged in extending micro finance services shall continue to do so and comply with the terms and conditions of its registration and any rules, regulations, directives and guidelines issued by the reserve bank to the non-banking finance companies, from time to time and also such other rules, regulations, directives and guidelines of the reserve bank as may be made or issued by the reserve bank for or to the micro finance institutions, under this actclause 15—this clause relates to the grant of certificate of registration sub-clause(1) of this clause provides that the reserve bank may, for the purpose of grant of certificate of registration, satisfy itself that—(a) the general character or management of the micro finance institution is not or is not likely to be prejudicial to the interest of the present or future clients availing micro finance services; (b) the micro finance institution is engaged in or intends to engage in providing micro finance services; (c) the applicant has a net owned fund, created out of contributions to capital, reserves or grants or donations received by it, of at least five lakh rupees or such other higher amounts as may be specified by regulations this clause also clarifies that "net owned fund" shall have, mutatis mutandis, the same meaning as assigned to it in the "explanation" to sub-section (7) of section 45-ia of the reserve bank of india act,1934 sub-clause (2) of this clause provides that the reserve bank may, after being satisfied that the conditions referred to in sub-section (1) are fulfilled, grant a certificate of registration to the micro finance institution to commence or continue to carry on the business of providing micro finance services subject to such conditions as it may consider necessary to impose however, no application for registration shall be rejected unless the applicant has been given an opportunity of being heard sub-clause (3) of this clause provides that save as otherwise provided in this act, every micro finance institution registered under this act shall provide micro finance services to its clients in accordance with provisions of this act and rules and regulations made thereunder sub-clause (4) of this clause provides that every micro finance institution shall give preference for providing micro credit facility to the rural and urban poor and other disadvantaged sections of the peopleclause 16—this clause relates to power of the reserve bank to cancel the certificate of registration sub-clause (1) of this clause provides that the reserve bank may, by order, cancel the certificate of registration granted to a micro finance institution under section 15, if such micro finance institution—(i) ceases to carry on the activity of providing micro finance services; or (ii) has failed to comply with any of the conditions subject to which the certificate of registration has been granted under sub-section (2) of section 15; or (iii) fails to comply with any direction issued by the reserve bank under the provisions of this act; or (iv) fails to submit or offer for inspection of its books of account and other relevant documents under sub-section (4) of section 27; or (v) fails to comply with directives stipulated in the cease and desist order passed under section 28 sub-clause (2) of this clause provides that before cancelling the certificate of registration of any micro finance institution under sub-section (1), the reserve bank shall provide a reasonable opportunity of being heard to such micro finance institutionclause 17—this clause relates to appeals by micro finance institution in certain cases sub-clause (1) of this clause provides that a micro finance institution aggrieved by an order of rejection of an application for grant of certificate of registration under section 15, or cancellation of certificate of registration under section 16, or any action taken by the reserve bank under sub-section (6) of section 27, may prefer an appeal to the central government or such other authority, as may be prescribed, within a period of sixty days from the date on which such order is communicated to the micro finance institution subclause (2) of this clause provides that the appeal shall be filed in such form and in such manner, as may be prescribed sub-clause (3) of this clause provides that the decision of the central government or the authority, where an appeal has been preferred under sub-section (1), shall be final however, before making any order of rejection of appeal, such micro finance institution shall be given a reasonable opportunity of being heardclause 18—this clause provides for the obligation of the micro finance institution to create reserve fund sub-clause (1) of this clause provides that every micro finance institution registered with the reserve bank under this act shall create a reserve fund and transfer therein a sum, representing such percentage, as may be specified by the reserve bank, of its net profit or surplus realised by providing micro finance services every year as disclosed in the profit and loss account or income and expenditure account and before surplus is utilised for any other purpose however, nothing contained in this sub-section shall apply to a non-banking finance company registered with the reserve bank which is maintaining such reserve fund pursuant to any provisions of the reserve bank of india act, 1934 or any directions or regulations issued thereunder sub-clause (2) of this clause provides that no appropriation of any sum from the reserve fund shall be made by the micro finance institution, except for the purpose, as may be specified by the reserve bank from time to time, and every such appropriation shall be reported to the reserve bank within twenty-one days from the date of such appropriation sub-clause (3) of this clause provides that the reserve bank may, in the public interest or in the interest of clients of any micro finance institution, direct any micro finance institution or any class of micro finance institutions to invest the whole or part of such reserve fund in such unencumbered securities, as it may, by regulations specifyclause 19—this clause relates to accounts and balance sheet of micro finance institution it provides that at the close of each financial year, every micro finance institution shall prepare, with reference to that year, in respect of all services transacted by it, a balance sheet, profit and loss account or an income and expenditure account as on the last working day of the financial year, in such form as may be specified by regulationsclause 20—this clause provides for audit of the accounts of micro finance institutionit provides that the balance sheet, profit and loss account or an income and expenditure account of the micro finance institution prepared in accordance with section 19 shall be audited by a person duly qualified under law for the time being in force to be an auditor of companies formed and registered under the companies act, 1956, or an auditor from the list of chartered accountants or other qualified persons approved by the reserve bank this clause clarifies "person duly qualified", for the purpose of this section, means a person having qualification and experience, as may be specified by regulationsclause 21—this clause relates to special audit of the micro finance institutionsub-clause (1) of this clause provides that without prejudice to the provisions contained in section 20, where the reserve bank is of the opinion that it is necessary in the public interest or in the interest of its clients or for the purpose of proper assessment of the records and books of account of the micro finance institutions, so to do, it may at any time, by order, direct a special audit of the accounts of such micro finance institution, for such transaction or class of transactions conducted by it or for such period or periods, as may be specified in the order and may be the same or a different order either appoint a person duly qualified under any law for the time being in force to be an auditor of companies and direct that the auditor shall comply with such directions as it may specify in that order and make a report of such audit to the reserve bank and forward a copy thereof to the micro finance institutions sub-clause (2) of this clause provides that the expenses of, or incidental to the special audit, specified in the order made by the reserve bank, shall be borne by the micro finance institutionsclause 22—this clause relates to powers of the auditors sub-clause (1) of this clause provides that the auditor appointed for audit under section 20 or for special audit under section 21 shall have the powers of, exercise the functions vested in, discharge the duties and be subject to the liabilities and penalties imposed on, the auditors of companies under section 227 of the companies act, 1956 and the auditors, if any, appointed under any law establishing, constituting or forming the micro finance institution concerned sub-clause (2) of this clause provides that without prejudice to the provisions contained in sub-section (1), the auditor shall report —(a) whether or not, the information and explanations required have been found to be satisfactory; (b) whether the profit and loss account or income and expenditure account, as the case may be, shows the true balance of profit or income or loss for the period covered by such account; (c) any other matter including defaults in re-payment of thrift or interest thereon which the auditor considers necessary to be brought to the notice of eligible clients and the reserve bank to ensure good governance and transparency in the business of the micro finance institution concerned sub-clause (3) of this clause provides that where any of the matters referred to in clauses (a) and (b) of sub-section (2) is answered in negative or with qualification, the auditor's report shall state the reasons for the sameclause 23—this clause relates to returns to be filed by micro finance institutionsthis clause provides that save as otherwise provided in this act, every micro finance institution, at the commencement of this act, shall, within ninety days from the date of such commencement, file with the reserve bank a return containing particulars of its activities in such form and manner and thereafter at such intervals as may be specified by regulationsclause 24—this clause relates to functions and powers of the reserve banksub-clause (1) of this clause provides that the reserve bank shall regulate, promote and ensure orderly growth of the micro finance institutions and take measures as it deems fit, for the purpose of promoting financial inclusion through such institutions sub-clause (2) of this clause provides that without prejudice to the generality of the foregoing provisions contained in sub-section (1), the powers and functions shall include—(a) grant of certificate of registration to the applicant-micro finance institution under section 15 or cancellation of such certificate under section 16; (b) making of schemes for the orderly growth of the micro finance services provided by micro finance institutions so as to ensure greater transparency, effective management, good governance in an efficient manner; (c) specifying the maximum limit of the margin and the annual percentage rate to be charged by the micro finance institution for providing micro credit facilities to its clients; (d) specifying the sector related benchmarks and performance standards pertaining to methods of operation, fair and reasonable methods of recovery, management and governance including model codes for conduct of activities of micro finance institutions; (e) facilitating the development of credit rating norms or rating norms for other purposes for micro finance institutions; (f) specifying the form and manner of books of account to be maintained by micro finance institutions; (g) specifying the form and manner of accounting of business operations of micro finance institutions and auditing standards relating thereto; (h) calling for information and data from micro finance institutions for maintaining an appropriate database in the public domain relating to micro finance services and disseminating the same through a national dissemination network; (i) constituting a micro finance development fund and to apply it for the purposes as provided in section 32; (j) promoting development of micro finance institutions, engaged in micro finance services through training and capacity building measures; (k) promoting customer education of all institutions engaged in micro finance services for greater awareness and for economic empowerment of micro finance clients; (l)supporting research, field research, documentation and dissemination thereof relating to micro finance sector; (m) coordinating with other agencies for orderly growth and development of institutions engaged in the micro finance services; (n) documenting and disseminating information relating to best practices with a view to ensuring provision of micro finance services at an affordable cost to eligible clients; and (o) perform such other functions as may be prescribedclause 25—this clause relates to power of the reserve bank to issue directions to micro finance institutions sub-clause (1) of this clause provides that if the reserve bank is satisfied that, in the public interest or to prevent the affairs of any micro finance institution being conducted in a manner detrimental to the interest of the clients availing micro finance services or in a manner prejudicial to the interest of the micro finance institution, it is necessary or expedient so to do, it may give directions to a class or classes or all micro finance institutions generally, as the case may be, and such micro finance institution shall be bound to follow the policy so determined and the directions so issued sub-clause (2) of this clause provides that in particular and without prejudice to the generality of the foregoing powers, such directions may provide for all or any of the following matters, namely:—(a) extent of deployment of assets for providing micro finance services andproportion of clients availing such services, necessary to classify any institution as micro finance institution;(b) ceiling on amount of micro credit facilities and the number of individualclients to whom such micro credit facilities may be provided by any micro finance institution;(c) tenure of micro credit facilities given to clients and other terms and conditionsfor which micro credit facilities, can be given, margin caps and periodicity of repayment schedules;(d) levy of processing fees, interest, life insurance premium and other termsrelating to micro credit facilities including the ceiling on the percentage of margin to be maintained by a micro finance institution;(e) the maximum annual percentage rate which may be charged by a micro finance institution on the micro credit facilities granted to any client;(f) the locations where micro credit facilities may be sanctioned and disbursed by micro finance institutions;(g) micro finance institutions to become members of credit information bureaus that may be set up for the micro finance sector;(h) observing code of conduct formulated by any organisation of micro finance institution recognised by the reserve bank and setting up of grievance redressal mechanism for their clients as required by such organisation;(i) a client protection code and its acceptance and observance by micro finance institutions;(j) micro finance institutions to achieve better control, simplification of procedures and reduction of costs by use of information technology;(k) the minimum net worth of micro finance institutions considering their size of operations and other relevant parameters;(l) norms for corporate governance to be observed by micro finance institutions; (m) prudential norms relating to income recognition, accounting standards,provisioning for bad and doubtful debts, capital adequacy based on risk weights for assets and deployment of funds;(n) disclosure of assignments or securitisation of assets as also assets assignedwith recourse or with arrangement as agent for collection of loan instalments;(o) raising of preference share capital or other capital by micro finance institution;(p) grant of recognition to any self regulatory organisation of micro financeinstitutions for efficient conduct of the business of micro finance institution; and(q) such other directions as may be specified by regulationsclause 26—this clause relates to the ceiling of margin of micro finance institutionsub-clause (1) of this clause provides that a micro finance institution engaged in the activity of providing micro credit facilities shall not collect a margin which is in excess of the maximum limit thereof, as may be specified from time to time by the reserve bank, for a micro finance institution or a class of micro finance institutions sub-clause (2) of this clause provides that the reserve bank may specify, by regulations, margin under sub-section (1) for micro finance institutions generally or for a class of micro finance institutions or for any micro finance institution in particular, considering the size of their operations, risk associated with such operations and such other parameters, as it deems fit sub-clause (3) of this clause provides that a micro finance institution engaged in the activity referred in subsection (1) shall convey to every client or borrower the annual percentage rate comprising of the annual interest rate, processing fees or any other charge or fee levied by the micro finance institution and incorporate the same distinctly and prominently in the loan document of the client or the borrower, in the sanction letter given to the client or borrower, as the case may be sub-clause (4) of this clause provides that a micro finance institution shall obtain from the statutory auditors a certificate that the margin available to, and realised by, the micro finance institution does not exceed the maximum limit specified by the reserve bank and that the micro finance institution has complied with the requirements of sub-sections (1) and (2)clause 27—this clause relates to inspection of micro finance institution sub-clause(1) of this clause provides that the reserve bank shall, at any time or on being directed so to do by the central government cause an inspection of any micro finance institution and its books and accounts and the reserve bank shall supply to the micro finance institution a copy of the report of such inspection sub-clause (2) of this clause provides that without prejudice to the provisions of sub-section (1), the reserve bank may cause a scrutiny of the affairs of any micro finance institution and its books and accounts sub-clause (3) of this clause provides that a copy of the report of the scrutiny shall be furnished to the micro finance institution, if the micro finance institution makes a request for the same or if any adverse action is contemplated against the micro finance institution on the basis of the scrutiny sub-clause (4) of this clause provides that it shall be the duty of every person who is a director, trustee or a member of managing committee, manager, secretary or other officer or employee of the micro finance institution to produce before any officer authorised to make an inspection, all such books of account, records and other documents in custody or power of such person to furnish any statement or information relating to affairs of the micro finance institution, as the inspecting authority may require within such time, as may be specifiedsub-clause (5) of this clause provides that any officer making an inspection under sub-section (1) or a scrutiny under sub-section (2) may examine on an oath any director, trustee or a member of managing committee, manager, secretary or other officer or employee of the micro finance institution in relation to its business, and may administer an oath accordingly sub-clause (6) of this clause provides that if the reserve bank, after considering the report of inspection under sub-section (1) or scrutiny under sub-section (2), is of the view that the affairs of any micro finance institution are being conducted to the detriment of its clients, it may after giving such opportunity to the micro finance institution to make representation in connection with the report, take such action as it deems fit including removal of any officer, office bearer or managing committee of the micro finance institution or prohibiting the micro finance institution from providing micro finance services for such period as the reserve bank may deem fit, in the manner as may be specified by regulationsclause 28—this clause relates to cease and desist order to be issued by the reserve bank sub-clause (1) of this clause provides that if on inspection or perusal of annual accounts or any returns submitted by any micro finance institution, the reserve bank is satisfied that activities of that micro finance institution are being conducted in a manner prejudicial to the interest of its clients or members of the self-help group (thrift group) or the micro finance institution itself, the reserve bank may pass a cease and desist order within sixty days of such inspection directing such micro finance institution to cease and desist from providing the micro finance services, subject to such terms and conditions as may be specified in such order sub-clause (2) of this clause provides that in the cease and desist order, the reserve bank may, direct the micro finance institution not to sell, transfer, create any charge or mortgage or deal in any manner with its property and assets without prior written permission of the reserve bank during the subsistence of the cease and desist order sub-clause (3) of this clause provides that the reserve bank may, grant time to such micro finance institution for taking necessary steps to comply with the directions of the order passed under sub-section (1) sub-clause (4) of this clause provides that the reserve bank may withdraw the cease and desist order issued under sub-section (1), if the reserve bank is satisfied that micro finance institution has complied with the directions issued under such orderclause 29—this clause deals with the closing or restructuring of business of micro finance institution sub-clause (1) of this clause provides that no micro finance institution registered under this act providing micro finance services or other services shall close its activity or amalgamate with other institutions, or take over any other business or its shareholding or demerge or divide, or restructure, or otherwise transfer the ownership or control of its activity of providing micro finance services unless a scheme thereof is approved by the reserve bank under this section sub-clause (2) of this clause provides that the micro finance institution shall formulate a scheme for any of the purposes specified in sub-section (1) and submit it to the reserve bank for approval sub-clause (3) of this clause provides that the reserve bank shall not approve any scheme submitted to it under sub-section (2), unless it is in public interest and has been sanctioned by the appropriate authority under the provisions of the law applicable to such micro finance institutions for the time being in force sub-clause (4) of this clause provides that the reserve bank may, by an order, approve the scheme under sub-section (2) subject to such terms and conditions as it may specify in the order sub-clause (5) of this clause provides that where a scheme is approved by the reserve bank under sub-section (4), the reserve bank may, in the order under that sub-section or by another order, direct that on such date the micro finance institution shall stand restructured or cease to function and stand dissolvedclause 30—this clause relates to filing winding up petitions or other applications for closure of micro finance activity sub-clause (1) of this clause provides that without prejudice to anything contained in any other law for the time being in force applicable to winding up of any micro finance institution, the reserve bank, on being satisfied that a micro finance institution—(a) is unable to pay its debt; or (b) has by virtue of provisions of this act become disqualified to carry on the activity of micro finance institution; or (c) has failed to comply with any directives or orders issued by the reserve bank including the cease and desist order or otherwise; or (d) he continuance of the micro finance institution is detrimental to public interest or to the interest of the clients of the institution, may file an application for winding up or any other application by whatever name called for closure of its activity, before the appropriate authority or court empowered to wind up the business or activity of the micro finance institution under the law applicable to such micro finance institution however, it provides that where the micro finance institution against whom application for winding up is filed is also engaged in any other activity, the concerned micro finance institution may be permitted to continue such activity and restrict the winding up or closure of the business only to the activity of providing micro finance services with the approval of the concerned authority or court sub-clause (2) of this clause provides that any authority or court, empowered to wind up the business of the micro finance institution, may pass such orders as it deems fit it also explains that for the purpose of this section, a micro finance institution shall be deemed to be unable to pay its debts, if it has refused or has failed to meet within five working days any lawful demand made at any of its officers or branches and the reserve bank certifies in writing that such institution is unable to pay its debtclause 31—this clause relates to grants by the central government this clause provides that the central government may, after due appropriation made by parliament by law in this behalf, grant such sum of money as that government may think fit, to the reserve bank for being utilised for the purposes specified under sub-section (3) of section 32clause 32—this clause relates to constitution of micro finance development fundsub-clause (1) of this clause provides that the reserve bank shall constitute a fund to be called the micro finance development fund (hereafter called "the fund") and there shall be credited thereto —(a) all government grants received and fees payable under this act;(b) all sums that may be raised by the reserve bank from donors, institutions, other entities and public for the purpose of this act; (c) any interest or other income received out of investments made from the fund under clause (c) of sub-section (3); (d) the balance outstanding in the micro finance development and equity fund maintained by the reserve bank, before the commencement of this act sub-clause (2) of this clause provides that the fund shall be managed by the reserve bank in such manner as may be specified by regulations duly approved by the central board of directors of the reserve banksub-clause (3) of this clause provides that the fund shall be applied—(a) to provide loans, refinance, grant, seed capital or any other micro credit facilities to any micro finance institution or any other agency which the reserve bank may by regulations specify; (b) to give grants or loans for training and capacity building of institutions engaged in micro finance services and personnel engaged in promoting and providing micro finance services and meeting other expenditure related to such training and capacity building on such terms and conditions as may be specified by regulations; (c) to invest in equity or any other form of capital or quasi-equity of a micro finance institution or any other agency on such terms and conditions as may be specified by regulations; (d) to meet the necessary expenses in relation to collection, analysis, dissemination of information relating to micro finance, conduct of such research, experiments or studies as may be specified, and to design, promote, and propagate such practices as may be considered conducive to the growth of micro finance services; (e) to meet any other expenses as may be required for the promotion of micro finance services as the reserve bank by regulations specify; (f) to meet any other expenses(except salaries, allowances and other remuneration of officers and other employees) of the reserve bank in connection with discharge of its functions as may be specified by regulationsclause 33—this clause relates to redressal of grievances against micro finance institutions sub-clause (1) of this clause provides that the reserve bank shall formulate a scheme for redressal of grievances of beneficiaries of micro finance services against micro finance institutions and may entrust the functions of redressal of such grievance redressal to any ombudsman established under any other scheme framed by the reserve bank for clients of banks, with powers to issue directions to micro finance institutions sub-clause (2) of this clause provides that any scheme to be formulated under sub-section (1) shall provide for— (a) nature of grievance and complaints that may be entertained; (b) procedure for redressal of grievances and complaints; (c) any other matter that may be necessary for effective redressal of grievancesclause 34—this clause relates to contravention of provisions of the act, orders and directions it provides that if any provision of this act is contravened or any default is made in complying with any other requirement of this act or of any rules, regulations or orders or directions given or notification issued or condition imposed thereunder, any person guilty of such contravention or default shall be punishable with imprisonment for a term not exceeding two years or with fine which may extend to five lakh rupees and where, a contravention or default is a continuing one, with further fine, which may extend to ten thousand rupees for everyday after the first, during which the contravention or default continuesclause 35—this clause relates to giving false information it provides that whoever, in any application, declaration, return, statement, information or particulars made, required or furnished by or under or for the purposes of any provision of this act, or any rule, regulation or order or direction made or given thereunder, wilfully makes a statement which is false in any material particulars knowing it to be false or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupeesclause 36—this clause relates to offences by micro finance institutions sub-clause (1)of this clause provides that where an offence under this act is committed, the person who was in charge of, and was responsible to, the micro finance institution for the conduct of business of the micro finance institution, as well as the micro finance institution itself, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly however, it provides that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention or default was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence sub-clause (2) of this clause provides that notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a micro finance institution and it is proved that the same was committed with the consent or connivance of, or is attributable to any neglect on the part of, any person who is or was a director, trustee, member of the managing committee, manager, secretary or other officer or employee of the micro finance institution when the offence is or was committed, such person shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly this clause also explains that, for the purposes of this section, any offence punishable under this act shall be deemed to have been committed at the place where the registered office or principal office of the micro finance institution, is situatedclause 37—this clause relates to powers of the reserve bank to impose penaltysub-clause (1) of this clause provides that notwithstanding anything to the contrary contained in section 34, the reserve bank may impose monetary penalty, which may extend up to five lakh rupees where the contravention is of the nature referred to in section 34 sub-clause (2) of this clause provides that for the purpose of imposing penalty under this section, the reserve bank shall serve notice on the micro finance institution requiring it to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such micro finance institution sub-clause (3) of this clause provides that any penalty imposed by the reserve bank under sub-section (1) shall be payable within a period of thirty days from the date on which the notice by the reserve bank demanding payment of the amount is served on the micro finance institution and the orders of the reserve bank shall be enforceable in the same manner as if it were a decree made by the civil court in a civil suit sub-clause (4) of this clause provides that all sums realised by imposition of penalties under this section shall be credited to the consolidated fund of indiaclause 38—this clause relates to bar of civil court jurisdiction this clause provides that no civil court shall have jurisdiction against any micro finance institution in respect of any contravention or default for which any penalty has been imposed by the reserve bankclause 39—this clause provides for certain offences to be cognizable it provides that notwithstanding anything contained in the code of criminal procedure, 1973, every offence connected with or arising out of acceptance of thrift or repayment thereof, shall be a cognizable offenceclause 40—this clause relates to cognizance of offences sub-clause (1) of this clause provides that no court shall take cognizance of any offence punishable under this act or any rules or regulations made thereunder except upon a complaint made in writing by an officer or other person authorised, by general or special order, by the reserve bank however, no such officer or other person shall be competent to file the complaint unless he is generally or specially authorised in writing by the reserve bank sub-clause (2) of this clause provides that no court inferior to that of metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act sub-clause (3) of this clause provides that notwithstanding anything to contrary contained in the code of criminal procedure, 1973, a court, if it considers fit to do so, may dispense with the attendance of the officer of the reserve bank or other person filing the complaint on its behalf, but the court in its discretion at any stage of the proceeding, may direct personal attendance of such officer or the personclause 41—this clause relates to application of fine it provides that the court imposing any fine under this act may direct that the whole or any part thereof shall be applied for, or towards payment of, the cost of the proceedingclause 42—this clause relates to delegation of certain powers of the reserve banksub-clause (1) of this clause provides that the central government, in consultation with the reserve bank may, by notification, delegate any of the powers of the reserve bank conferred under this act, except under sections 30, 37 and 49, to the national bank or any agency under the control of the central government in respect of any micro finance institution or a class of micro finance institutions or micro finance institutions generally, subject to such conditions as, it deems fit sub-clause (2) of this clause provides that any notification issued under sub-section (1) shall specify the specific powers under various provisions of this act which are delegated to the national bank or any agency under the control of the central government sub-clause (3) of this clause provides that the national bank or agency under the control of the central government shall exercise the powers delegated by the central government subject to such conditions as may be specified in the notification under sub-section (1) and such directives and guidelines which may be issued by the reserve bank from time to time sub-clause (4) of this clause provides that any action taken by the national bank or agency under the control of the central government pursuant to the delegation of powers under sub-section (1) shall be deemed to be the action of the reserve bank and provisions contained in section 17 for appeal shall be applicableclause 43—this clause relates to preference to members or clients of micro finance institution in repayment it provides that in the event of any micro finance institution making default in repayment of thrift to its members or clients who had made a contribution to thrift, all the workmen shall be paid their dues in priority to all others and thereafter all such members or clients of such micro finance institution shall have a preference in repayment, and shall have the first charge over the assets of the micro finance institution and specified unencumbered securities, if any, referred to in sub-section (3) of section 18clause 44—this clause relates to power of the central government to issue directionssub-clause (1) of this clause provides that the central government may issue directions to the reserve bank, the micro finance development council or any state micro finance council on matters of policy and implementation of schemes and other measures as may be necessary for orderly growth and development of micro finance institutions for promoting financial inclusion sub-clause (2) of this clause provides that without prejudice to the provisions of sub-section (1), the reserve bank, the micro finance development council or any state micro finance council shall, in exercise of the powers or the performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time however, the reserve bank, the micro finance development council or any state micro finance council shall as for as practicable, be given an opportunity to express its views before any direction is given under this sub-section sub-clause (3) of this clause provides that the decision of the central government, whether a question is of policy or not, shall be finalclause 45—this clause relates to power of the central government to call for information, statements, etc this clause provides that the central government may, in consultation with the reserve bank from time to time, require the furnishing of information, returns, statements and such other particulars in regard to micro finance institutions in such form and in such manner as may be prescribed, and the micro finance institution shall furnish to the central government such information, returns, statements and particularsclause 46—this clause relates to power to exempt class or classes of micro finance institutions from the provisions of this act sub-clause (1) of this clause provides that the central government may, in the public interest, by notification, direct that all or any of the provisions of this act,—(a) shall not apply to such class or classes of micro finance institutions; (b) shall apply to the class or classes of micro finance institutions with such exceptions, modifications and adaptations, as may be specified in the notification subclause (2) of this clause provides that a copy of every notification issued under sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both housesclause 47—this clause relates to act having an overriding effect it provides that the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such lawclause 48—this clause relates to protection of action taken under the act it provides that no suit or other legal proceedings shall lie against the reserve bank, or any director, or any officer, or other employee of the reserve bank, or any other person or agency authorised by the reserve bank, to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or of any other law or provision having the force of lawclause 49—this clause relates to power of the central government to make rulessub-clause (1) of this clause provides that the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act sub-clause (2) of this clause enumerates the matters in respect of which such rules may be made are specified thereinclause 50—this clause relates to power of the reserve bank to make regulationssub-clause (1) of this clause provides that the reserve bank, with the previous approval of the central government may, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder to carry out the purposes of this act sub-clause (2) of this clause enumerates the matters in respect of which such regulations may be made are specified thereinclause 51—this clause relates to rules, regulations and orders to be laid before parliament it provides that every rule or order made by the central government and every regulation made by the reserve bank and any order of exemption made under section 44 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation or order or both houses agree that the rule, regulation or order should not be made, the rule, regulation or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or orderclause 52—this clause relates to power to remove difficulties sub-clause (1) of this clause provides that if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to it to be necessary or expedient, for removing the difficulty however, it provides that no such order shall be made after the expiry of a period of two years from the date of commencement of this act sub-clause (2) of this clause provides that every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament financial memorandumclause 3 of the bill provides for constitution of a council to be known as the micro finance development council to advise the central government on formulation of policies and measures to be undertaken for orderly growth and development of micro finance institutions and schemes to be framed therefor members of the council shall receive such fees and allowances as may be determined by rules2 clause 31 of the bill provides that the central government may, after due appropriation made by parliament by law in this behalf, grant such sums of money as the government may think fit, to the reserve bank for being utilised for the purposes of providing loans, refinance, grant, seed capital3 clause 32 of the bill provides that the reserve bank shall constitute a fund to be called the micro finance development fund and there shall be credited, inter alia, all government grants received and fees payable; all sums that may be raised by the reserve bank from donors, institutions, other entities and public; any interest or other income received out of investments made from the fund and the balance outstanding in the micro finance development and equity fund4 any grant, from the consolidated fund of india, to be made to the reserve bank pursuant to the provisions of the bill will be with the due approval of the parliament to be obtained separately the amount of grant to be made to the reserve bank from the consolidated fund of india cannot be estimated at present as it would depend upon the circumstances at the point of time of making such grant memorandum regarding delegated legislationsub-clause (1) of clause 46 of the bill provides that the central government may, in the public interest, by notification, direct that all or any of the provisions of this act,—(a) shall not apply to such class or classes of micro finance institutions; (b) shall apply to the class or classes of micro finance institutions with such exceptions, modifications and adaptations, as may be specified in the notification sub-clause (2) of the said clause provides that a copy of every notification issued under sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both houses2 sub-clause (1) of clause 49 of the bill empowers the central government to make rules, by notification in the official gazette for carrying out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the matters in respect of which such rules may be made under the proposed legislation these matters, inter alia, relate to—(a) as the higher amount for such special purposes under sub-clause (a) of clause (j) of sub-section (1) of section 2; (b) the form and manner of providing micro finance services under clause (j) of section 2; (c) the fees and allowances receivable by members of the council under sub-section (2) of section 5; (d) the time and place and the rules of procedure for transaction of business at the meetings of the council under section 6; (e) the term of office and allowances of members of the state micro finance council under section 9; (f) the authority before whom appeal may be preferred under sub-section (1); (f) the form and the manner of filing of appeal under sub-section (2) of section 17; (g) such other functions to be performed by the reserve bank under clause (n) of sub-section (2) section 24; (h) of the form and manner of furnishing of returns, statements and other particulars under section 45; (i) any other matter which is to be, or may be, prescribed3 sub-clause (1) of clause 50 of the bill empowers the reserve bank, with the previous approval of the central government, by notification in the official gazette, to make regulations not inconsistent with the provisions of the proposed legislation and the rules made thereunder to carry out the purposes of the proposed legislation sub-clause (2) of the said clause enumerates the matters in respect of which such regulations may be made under the proposed legislation these matters, inter alia, relate to—(a) the other terms and conditions of remittance of funds under sub-clause (iv) of clause (j) of section 2; (c) the rules of procedure to be observed by the district micro finance committee under sub-section (2) of section 10; (d) the form and manner of submitting quarterly report by the district micro finance committee to the reserve bank under section 12; (d) the form and manner and fee payable for making an application for registration by the micro finance institution to the reserve bank under sub-section (1) of section 14; (e) other higher amount of net owned fund under clause (c) of sub-section (1) of section 15; (f) the unencumbered securities for the purpose of investment under sub-section (3) of section 18; (g) the form in which the balance sheet, profit and loss account or an income and expenditure account shall be prepared under section 19; (h) qualifications and experience of a person duly qualified under section 20; (i) the form and the manner of filing return under section 23; (j) the maximum limit of the margin and the annual percentage rate to be charged by the micro finance institution for providing micro credit facilities to its clients under clause (d) of sub-section (2) of section 24; (k) the procedure for removal of any officer, office bearer or managing committee of the micro finance institution or for prohibiting the micro finance institution from providing micro finance services for such period as the reserve bank may deem fit under sub-section (6) of section 27; (l) the manner of management of fund by the reserve bank under sub-section (2) of section 32; (m) providing loans, refinance, grants, seed capital or any other financial assistance to any micro finance institution or any other agency under clause (a) of sub-section (3) of section 32; (n) the terms and conditions subject to which grants or loans shall be given by the reserve bank under clause (b) of sub-section (3) of section 32; (o) the terms and conditions subject to which the investment in equity or any other form of capital or quasi-equity of a micro finance institution shall be made under clause (c) of sub-section (3) of section 32; (p) any other expenses as may be required for the promotion of micro finance services under clause (e) of sub-section (3) of section 32; (q) the other expenses (except salaries, allowances and other remuneration of officers and other employees) of the reserve bank under clause (f) of sub-section (3) of section 32; and (r) any other matter which is required to be, or may be, specified by regulations4 clause 51 of the bill provides that every rule made by the central government and every regulation made by the reserve bank under the proposed legislation are required to be laid before each house of parliament5 the matters in respect of which rules and regulations may be made are matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for development and regulation of the micro finance institutions for the purposeof facilitating access to credit, thrift and other micro finance services to the rural and urban poor and certain disadvantaged sections of the people and promoting financial inclusion through such institutions and for matters connected therewith or incidental thereto————(shri pranab mukherjee, minister of finance)	Parliament_bills	2f549f33-5462-59ef-b680-d60d840920f5
the indian statistical ins11tute bill, 1959(as introduced in lok sabha on 30th november, 1959) lok sabha gorrig'end::l to indian st1-it1st1cal 1r st1 tute bil!j, 1959 (as,1ntroduced in ipk sabha) 1 page 1, -for "bill no 87 of 195" ~ "bill no 87 of 1959" 2 page 3, line 3, -for ";" ~ ": " 3 page 6, line 15, -fox: ifeanglore" ~ "ban':elore" the indian statistical institute bill, 1959 (as introduced in lok sabra) a billto declare the institution known as the indian statistical institute having at present its regisfered office in calcutta to be an institution of national importance and to provide for certain matters connected therewith be it enacted by parliament in the tenth year of the republic of india as follows:-1 (1) this act may be called the indian statistical institute act, andshort title com-1959 mencement s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitioql '1 of 186e (a) "institute" means the indian statistical institute registered under the societies registration act, 1860; 10 (b) "memorandum" means the memorandum of association of the institute filed with the registrar of joint-stock companies under the societies registration act, 1860; at r 1160 is 2t of t86o (c) "rules and regulations" includes any rule or regulation (by whatever name called) which the inatitute is competent to make in the exercise of the powers conferred on it under the societies registration act, 1860, but shall not include any byelaws or standing orders made under the rules and regulations for the conduct of it$ day-to-day administration dfechlaraltid~ 3 whereas the objects of the institution known as the indian o ten ian s i i h k" t't t' f statistical tatistica nsbtute are suc as to rna e it an ins i u ion 0 jn~titut1ttuet1~8 national importance, it is hereby declared that the indian statistical anms on of national institute is an institution of national importance importance grant of 4 notwithstanding anything contained in the university grants 5 ~'fees ang commission act, 1956, or in any other law for the time being in 3 of 1956 tla= y force, the institute may hold such examinations and grant such degrees and diplomas in statistics as may be determined by the institute from time to time grants, loans, etc, by central government to the jnstitute 5 for the purpose of enabling the institute to discharge em- 10 ciently its functions, including research, education, training, project activities and statistical work relating to planning for national deve lopment, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money as that government considers is necessary by way of grant, loan or otherwise i of 1956 audit of 6 (1) the accounts of the institute shall be audited by auditors ~i:~~e duly qualified to act as auditors of companies under the companies act, 1956, and the institute shall appoint such auditors as the central government may, after consultation with the comptroller and 20 auditor-general of india and the institute, select (2) the central government may issue such directions to the auditors in the performance of their duties as it thinks fit (3) every such auditor in the performance of his duties shall have at all reasonable times access to the registers, books of account, 25 records and other documents of the institute (4) the auditors shall submit their report to the institute and shall also forward a copy thereof to the central government for its informatior prior appro-7 notwithstanding anything contained in the societies registra- 30 ~:al go- tion act, 1860, or in the memorandum or rules and regulations, the ;li of 1860 vemment institute shall not, except with the previous approval of the central ~~ government,-action by institute (a) alter, extend or abridge any of the purposes for which it has been established or for which it is being used 35 immediately before the commencement of this act, or amalgamate itself either wholly or partially with any other institution or society; or (b) alter or amend in any manner the memorandum or rules and regulations; or 40 (c) sell or otherwise dispose of any property acquired by the institute with money specifically provided for such acquisition by the central government; provided that no such approval shall be necessary in the case of any such movable property or class of movable property 6s may be specified by the central government in this behalf by general or special order; or (d) be dissolved, 8, (1) the central government may constitute as many com- con8titu~od , d h 't 'd ' t' f h of comdllt-10 mlttees as an w en 1 consl ers necessary consls mg 0 suc num- tees by ber of persons as it thinks fit to appoint thereto and assign to each central such committee all or any of the following duties, namely:-~~e::n:~ programme (a) the preparation and submission to the central govern- of work by ment as far as possible before the commencement of each finan- ~: institute is cial year, of statements showing programmes of work agreed to be undertaken by the institute during that year for which the central government may provide funds, as well as general financial estimates in respect of such work; and (b) the settlement on broad lines of the programme of such 20 work, (2) where the institute does not agree to undertake any work suggested by any committee referred to in sub-section (1), it shall give to the central government its reasons for not so agreeing, 9, (1) the central government may constitute a committee review of , f h b f 't th' ks fit t ' t work done 2s consistmg 0 suc num er 0 persons as i m 0 appom inspection of thereto for the purpose ofaaaeta etc (a) reviewing the work done by the institute and the progress made by it; (b) inspecting its buildings, equipment and other assets; (c) evaluating the work done by the institute; and (d) advising government generally on any matter which in the opinion of the central government is of importance in connection with the work of the institute; and the committee shall submit its reports thereon in such manner 3s as the central government may direct, (2) notice shall be given in every case to the institute of the intention to cause a review, inspection or evaluation to be made, end the institute shall be entitled to appoint a representative who shall have the right to be present and be heard at such review, inspection' or evaluation (3) the central government may address the chairman of the institute with reference to the result of such review, inspection or evaluation as disclosed in any report of the committee referred to s in sub-section (1), and the chairman shall communicate to the central government the action, if any, taken thereon (4) when the central government has, in pursuance of subsection (3), addressed the chairman of the institute in connection with any matter, and the chairman does not within a reasonable 10 time take action to the satisfaction of the central government in respect thereof, the central government may, after considering any explanations furnished or representations made on behalf of the institute, issue such directions as it considers necessary in respect of any of the matters dealt with in the report is institute ~ 10 the institute shall be bound to afford all necessary facilities :f!~r~o f~~: to any committee constituted under section 8 or section 9 for the mittee purpose of enabling it to carry out its duties power to issue diiections to inltitute 11 (1) the central government may, if it is satisfied that it is necessary so to do in the public interest, issue, for reasons to be 20 recorded and communicated to the institute, such directions as it thinks fit to the institute, and such directions may include directions requiring the institute-(a) to amend the memorandum or to make or amend any rule or regulation within such period as may be specified in the mrec- as tions; (b) to give priorities to the work undertaken or to be undertaken by the institute in such manner as the central gov-ernment may think fit to specify in this behalf (2) any directions issued under this section shall have effect, not- 30 withstanding anything contained in any law for the time being in force or in the memorandum or rules and regulations of the institute 12 (1) if, in the opinion of the central government,-power of central government to luume functions of control (i) the institute without just or reasonable cause has made 'i default in giving effect to any direction issued under sub-section 3s (4) of section 9 or section 11; or (ii) the council of the institute has exceeded or abused its powers in relation to the institute or any part thereof; the central government may, by written order, direct the institute within a period to be specified in the order to show cause to the satis- 40 faction of the central government against the making of any appoint: ment referred to in sub-section (2) (2) if, within the period fixed by any order issued under subsection (1), cause is not shown to the satisfaction of the central government, the central government may, by order published in the official gazette and stating the reasons therefor, appoint one or 5 more persons to take charge of the institute or any part thereof for such period not exceeding two years as may be specified in the order (3) notwithstanding anything contained in any law for the time being in force or in the memorandum or rules and regulations of the institute, on the issue of an order under sub-section (2), during the 10 period specified in that oroer,-(a) where the order provides for any person or persons being in charge of the institute--(i) all persons holding office as members of the council, including the chairman, shall be deemed to have vacated their 15 offices as such; (ii) the person or persons appointed under sub-section (2) to be in charge of the institute shall exercise all the powers and perform all the duties of the chairman or council of the institute, whether at a meeting or otherwise, in respect 20 of the institute; (b) where the order provides for any person or persons being in charge of any part of the institute, the person or persons so appointed shall alone be entitled to exercise all the powers and perform all the duties of the chairman or council in relation 25 to that part statement of objects and reasonsthe indian statistical institute in calcutta conducts investigations and studies in the science of statistics and its application in various fields; it also provides facilities for practical and professional training in statistics 2 there has been steady expansion in the activities of the institute which now include-(1) the work of designing the annual rounds of the national sample survey and the sample survey of manufacturing industries, processing, tabulating and analysing the field data and writing and printing the various n s s and s s m i reports; (2) the maintenance of an operational research unit on planning at calcutta, statistical quality control units at banglore, bombay, delhi and calcutta and other units for studies in regional planning, biometry and psychometry; (3) advanced research in theoretical statistics and the application of statistical methods to problems in various fields including demography, economics, planning, agriculture and industry; (4) the training of statisticians deputed by the central and state governments; and (5) the running of an international statistical education centre 3 in view of the importance of the functions of the institute and the large sums of money received by it from the government, it is considered necessary that the institute should be declared to be an institution of national importance under entry 64 in list i of the seventh schedule to the constitution the bill makes such a declaration and provides for the requisite financial assistance to be given to the institute and for suitable powers of control being exercised the institute is also being empowered to grant degrees and diplomas in statistics new delhi; j nehru the 18th november, 1959 the bill contemplates the declaration of the indian statistical institute, calcutta, as an institution of national importance such sums of money as the government considers necessary for the institute for the discharge of its functions shall be payable by the central government in the shape of grants, loans or otherwise each year at this stage, it is not possible to frame an accurate estimate of the funds needed by the institute for its various activitiesj in view of the provisions in the bill for approval of the programme of work of the institute, the payment of funds will be in accordance with the proposals accepted by the government of india and will also depend upon the quantum of contract work entrusted by the government to the institute each year 2 the following ~udget provision has been made under demand no 1/52-statistics" for the institute during the year 1959-60 (i) recurring rs 80,00,000 (ii) non-recurring rs 15,00,000 3 funds to be made available in the subsequent years will vary and will be determined from time to time 4 all moneys placed at the disposal of the institute will constitute the fund of the institute a bill to declare the institution known as the indjan statistical institute having at present its registered office in calcutta to be an institution of national importance and to provide for certain ' matters connected therewith the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha, the consideration of the bill mnkaul secretary (shrijawaharlal nehru, prime minister)	Parliament_bills	caf886a0-ac5c-549d-b9b5-976a2ef6d5bd
documentary evidence 15 notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in any proceeding at the trial of a petition under this act on the ground that it is not duly stamped or registered, proceedings to be in camera and may not be printed or published 16 (/) every proceeding under this act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgement of the high court or of supreme court printed or published with the previous permission of the court, (2) if any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which shall not be less than two thousand rupees and which may extend to five thousand rupees 17 () the trial of a petition under this act shall, as far as is practicable, consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded, special provision relating to trial and disposal of petitions under the act (2) every petition under this act shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent (3) every appeal under this act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent enforcement of decrees and orders 18, all decrees and orders made by the court in any proceeding under this act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced 19 (1) any marriage solemnized after the commencement of this act is void ifat the date of such marriage either party had a husband or wife living and the provisions of sections 494 and 495 of the indian penal code shall apply accordingly punishment tor contravention of certain conditions of marriage (2) every person who procures a marriage of himself or herself to be solemnized under this act in contravention of the conditions specified in clause (iii) of section 4 shall be punishable with simple imprisonment which may extend to fifteen-days or one thousand rupees or with both, 25 45 statement of objects and reasonsarticle 44 of the constitution states that the state shall endeavour to secure for the citizens uniform civil code throughout the country the present bill is a step in that direction it seeks to prohibit polygamy and permits the courts to grant maintenance and decide about the custody of children and disposal of the property for benefit of women and children, the bill does not take away rights of the parties to obtain divorce on the grounds available under personal laws but makes it mandatory to obtain it through intervention of the court it also permits the divorce on mutual consent where the marriage has broken down and cannot be reconciled the bill seeks to achieve the above objective new delhi; bachi singh rawat june 30,2004	Parliament_bills	5247ef03-41d0-5695-82a9-dd377cb65174
bill no 15 of 2010 the payment of bonus (amendment) bill, 2010 byadv pt thomas, mpabillfurther to amend the payment of bonus act, 1965be it enacted by parliament in the sixty-first year of the republic of india as follows:—21 of 1965amendment of section 22 in section 2 of the payment of bonus act, 1965 (hereinafter referred to as the principal act), in clause (13) for the words "ten thousand rupees", the words "fifteen thousand rupees" shall be substituted53 for section 10 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 10payment of minimum bonus10"10 subject to the other provisions of this act, every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 2009 and in respect of every subsequent accounting year, a minimum bonus which shall be 11 per cent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year:15provided that where an employee has not completed fifteen years of age at the beginning of the accounting year, the provisions of this section shall have effect in relation to such employees as if for the words "one hundred rupees", the words "sixty rupees" were substituted"amendment of section 124 in section 12 of the principal act, for the words "three thousand and five hundred rupees", at both the places where they occur, the words "five thousand rupees" shall, respectively, be substituted statement of objects and reasonsthe payment of bonus act, 1965 provides for payment of bonus to employees covered under the act according to clause (13) of section 2 of the act, employee means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand per mensem in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied according to section 12 of the act, the bonus payable to an employee whose salary or wage exceeds three thousand and five hundred rupees per mensem shall be calculated as if his salary or wage were three thousand and five hundred rupees per mensemthe act, therefore, at present provides for payment of bonus to only those employees whose salary or wage does not exceed ten thousand rupees per mensem further, section 12 read with section 10 provides that the percentage of minimum bonus, which at present is 833 per cent, payable to an employee shall be calculated by taking the maximum salary or wage as three thousand and five hundred rupees per mensem even if the salary or wage exceeds rs 3500/-the existing provisions are not adequate in the present scenario of rising inflationthe bill, therefore, seeks to amend the definition of employee so as to make all such employees, whose salary or wage does not exceed fifteen thousand rupees, eligible for payment of bonus the bill also seeks to enhance the calculation ceiling of bonus from three thousand five hundred rupees to five thousand rupees and to enhance the minimum bonus payable from 833 per cent to 11 per cent of the salary or wage earned by the employee during the accounting year for which the bonus is being paidhence this billnew delhi;pt thomasdecember 16, 2009 financial memorandumclause 2 of the bill seeks to amend clause (13) of section 2 of the payment of bonus act, 1965 to enhance the eligibility limit for the payment of bonus from ten thousand rupees per mensem to fifteen thousand rupees per mensem clause 3 seeks to increase the minimum bonus payable from 833 per cent to 11 per cent of the salary or wage earned by the employee during the accounting year clause 4 seeks to provide for enhancing the calculation ceiling of bonus from three thousand and five hundred rupees per mensem to five thousand rupees per mensemthe additional expenditure on this account, from the consolidated fund of india will be due to increase in percentage of minimum bonus payable from 833 to 11 per cent, calculation ceiling from three thousand and five hundred rupees per mensem to five thousand rupees per mensem and eligibility limit from ten thousand rupees to fifteen thousand rupees per mensem the additional approximate expenditure for payment of adhoc bonus to the central government employees and in respect of employees belonging to railways, post, etc (productivity linked bonus) will be to the tune of rupees two hundred crore and rupees five hundred crore, respectively the additional approximate expenditure for payment of bonus to the employees of central public sector undertakings would be around rupees three hundred crorethe bill does not involve any other recurring or non-recurring expenditure annexure extracts from the payment of bonus act, 1965 (21 of 1965) [10] m c gonzalez-garcia, m c gonzalez-garcia, m2 in this act, unless the context otherwise requires,—definitions (13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand rupees per mensem in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied; [10] m c gonzalez-garcia, m c gonzalez-garcia, mpayment of minimum bonus10 subject to the other provisions of this act, every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 1979 and in respect of every subsequent accounting year, a minimum bonus which shall be 833 per cent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year: [10] m c gonzalez-garcia, m c gonzalez-garcia, m12 where the salary or wage of an employee exceeds three thousand and five hundred rupees per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were three thousand and five hundred rupees per mensemcalculation of bonus with respect to certain employees [10] m c gonzalez-garcia, m c gonzalez-garcia, m———— a billfurther to amend the payment of bonus act, 1965—————(adv pt thomas, mp)gmgipmrnd—221ls(s5)—24-02-2010	Parliament_bills	1cc1c5ef-1933-5edb-a056-aa9ec8dd2482
bill no 188 of 2018 the national commission for immigration reform bill, 2018 byshri gaurav gogoi, mpa billto constitute a commission for immigration reforms to check illegal migration and regulate immigration and related issues in the country and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "commission" means the national commission for immigration reform constituted under section 3;(c) "foreigner" means a person who is not a citizen of india;(d) "illegal migration" means any movement that takes place outside the scope of the regulatory norms of sending, transit and receiving country;(e) "illegal migrants" includes any foreign national who enters the territory of india devoid of any necessary or valid documents or permits;10(f) "member" means a member of the commission and includes the member-secretary; and(g) "prescribed" means prescribed by rules made under this act chapter ii15 the national commission for immigration reform3 (1) the central government shall, by notification in the official gazette, constitute a commission to be known as the national commission for immigration reform to exercise the powers conferred on, and to perform the functions assigned to it under this act(2) the commission shall consists of:—establishment of a national commission for immigration reform20(a) a chairperson, who is or has been a judge of the supreme court or of a high court;(b) a member-secretary, who is or has been the home secretary, union ministry of home affairs;(c) representatives each from the high commissions of india's neighbouring nations (afghanistan, bangladesh, bhutan, china, myanmar, nepal, pakistan, sri lanka);25(d) one representative from the prison or correctional services dealing with detention of illegal migrants;(e) one representative from a non-governmental organisation dealing with matters related to immigration;30(f) one representative from the legal fraternity who has special knowledge in the matters of migration law and policy;(g) one representative from the border security force;35(h) an officer who is a member of the civil service of the union or of all india service who holds a civil post under the union with appropriate experience in the field of foreign policy; and(i) representatives each from the state governments from border states4 (1) the chairperson and every member shall hold office for such period, not exceeding five years, as may be specified by the central government in this behalf40terms of office and conditions of service of chairperson and members(2) the chairperson or a member (other than the member-secretary) who is a member of the civil service of the union or of an all india service or holds a civil post under the union may, by writing and addressed to the central government, resign from the office of chairperson or, as the case may be, of the member at any time(3)the central government shall reserve the right to remove a person from the office of chairperson or a member referred to in sub-section (2) if that person—(a) becomes an undischarged insolvent; or (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the central government involves moral turpitude; or(c) becomes of unsound mind and stands so declared by a competent court;5(d) refuses to act or becomes incapable of acting; or(e) is, without obtaining leave of absence from the commission, absent from three consecutive meetings of the commission; or(f) in the opinion of the central government has so abused their position as to render that person's continuance in office detrimental to public interest:10provided that no person shall be removed under this clause until that person has beengiven a reasonable opportunity of being heard in the matter(4) a vacancy caused under sub-section (2) may be filed by fresh nomination(5) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members shall be such as may be prescribed155 (1) the central government shall provide the commission with officers andemployees as may be necessary for the efficient performance of the functions of the commission under this actofficers and other employees of the commission20(2) the salaries and allowances payable to, and the other terms and conditions ofservice of, the officers and other employees appointed for the purpose of the commission shall be such as may be prescribedsalaries and allowances to be paid out of grants6 the salaries and allowances payable to the chairperson and members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred to in sub-section (1) of section 10257 no act or proceeding of the commission shall be questioned or shall be invalid onthe ground merely of the existence of any vacancy or defect in the constitution of the commissionvacancies etc, not to invalidate proceedings of the commission8 (1) the commission shall meet as and when necessary at such time and place as the chairperson may deem fitprocedure to be regulated by the commission30(2) the commission shall regulate its own procedure(3) all orders and decisions of the commission shall be authenticated by the member-secretary or any other officer of the commission duly authorized by the member-secretary in this behalf chapter iii35 functions of the commission9 (1) the commission shall,—functions of the commission(a) investigate and examine all matters relating to immigration under the constitution of india and other laws, in view of preventing illegal migration into india;40(b) present to the central government, annually and at such other times as the commission may deem fit, reports upon the working of these laws;(c) make in such reports, recommendations for the effective implementation of these laws with emphasis on preventing illegal migration into the country;(d) call for investigations to gather information regarding extent of illegal migration into india and develop a criterion for identification of illegal migrants;\| ( \| e \| ) call for special studies or investigations into specific issues or situations that \|\|-----------------------------------------------------------------------------------\|-----\|----------------------------------------------------------------------------------------\|\| arise during the process of identification and deportation of illegal migrants; \| \| \|\| 5 \| \| \|\| ( \| f \| ) facilitate dialogue with neighbouring countries to undertake joint action in \|\| matters relating to immigration; \| \| \|\| ( \| g \| ) undertake educational research to suggest ways to ensure that the treatment \|\| of illegal migrants is done in accordance to international law and best practice; \| \| \|\| 10 \| \| \|\| ( \| h \| ) undertake education research to ascertain humanitarian concerns involved \|\| in the treatment of illegal migrants and identify the criterion therein; \| \| \|(i) inspect or cause to be inspected issues such as border patrolling and security measures at the borders;(j) inspect or cause to be inspected the facilities where illegal migrants are detained and take up with the concerned authorities for remedial action, if found necessary;15(k)conduct periodical reviews of the framework surrounding immigration in the country and assess its efficacy; and(l) undertake any other matter which may be referred to it by the central government20(2) the central government shall cause all reports referred to in clause (b) of the subsection (1) to be laid before each house of the parliament along with a memorandum explaining the action taken or proposed to be taken on such recommendations relating to the union and the reasons for non-acceptance, if any, of any such recommendations25(3) where any such report or any part thereof relates to any matter with which any state government is concerned, the commission shall forward a copy of such report or part to such state government who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for non-acceptance, if any, of any such recommendations chapter iv30 finance, accounts and auditgrants by the central government10 (1) the central government shall, after due appropriation made by the law in thisbehalf, pay to the commission by the way of grants such sums of money as the central government may deem fit for being utilised for the purposes of this act35(2) the commission may spend such sums as it thinks fit for performing the functions under this act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1)accounts and audit11 (1) the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india40(2) the accounts of the commission shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditor-general45(3) the comptroller and auditor-general and any person appointed by them in connection with the audit of the accounts of the commission under this act shall have the5same rights and privileges and the authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission(4) the accounts of the commission, as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the commissionannual report1012 (1) the commission shall prepare in such form and at such time for each financial year, as may be prescribed, its annual report, giving full account of its activities during the previous financial year and forward a copy thereof to the central government15(2)the central government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the central government and the reasons for non-acceptance, if any, of any of such recommendations and the audit report to be laid as soon as maybe after the reports are received, before each house of parliament chapter v misceallaneous2045 of 186013 the chairperson, the members, officers and other employees of the commission shall be deemed to be public servants within the meaning of section 21 of the indian penal code 1860chairperson, members and staff of the commission to be public servants14 the central government shall consult the commission on all major policy decisions relating to the detection, treatment, engagement and deportation of illegal migrantscentral government to consult commission power to make rules2515 (1) the central government may, by notification in the officialgazette, make rules for carrying out the provisions of the act(2) in particular, and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, namely:—(a) salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members under sub-section (2) of section 3 and of officers and other employees under sub-section (2) of section 5;30(b) the form in, and the time at, which the annual report to be prepared under section 12; and3540(c) any other matter which is required to be or may be, prescribed (3) every rulemade under this act shall be laid, as soon as may be after it is made, before each house of the parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsillegal migration has emerged as a major international challenge in the recent pastillegal migration has numerous socio-political consequences and places stress on public spending in a country countries across the world have realised the need to regulate immigration into their country and keep illegal migration at the bay the united states of america, canada, the european union, the united kindgom have a robust framework in place that deals with the issue of illegal migration, despite which they continue to face many hurdles the growing rise in humanitarian crises around the world has led to an increase in the number of individuals seeking asylum in foreign countries it is at this time, that the need for a strong framework that regulates immigration, while distinguishing between illegal migrants and refugees, is being felt worldwidethe issue of illegal migration has been a burning issue for india since its independenceit has experienced waves of illegal migration from its neighbouring countries such as bangladesh, pakistan, myanmar and afghanistan illegal migrants take advantage of the porous border and make their way into the country before moving deeper into the mainland in search of better opportunities than those available in their country of origin despite facing these issues for years, the framework governing immigration in india comprise of a host of legislations matters concerning immigration, detection of illegal migrants and their subsequent treatment are dealt with by numerous laws such as the constitution of india, the foreigners act, the citizenship act along with other laws within this sphere the advent of the citizenship (amendment) bill, 2016, which seeks to provide protection to illegal migrants of certain faiths, the framework would continue to become more complicated in addition to complexity of laws, there is also a gross lack of reliable data on illegal migrants the census provides data regarding migrants and not illegal migrants specificallyrecently, the updation of the national register of citizens in the state of assam, brought the issue of illegal migration into the limelight once again the exercise identified that nearly forty lakh individuals in the state of assam, which shares a border with bangladesh, were residing there without proper documentation however, the process shed light on another important aspect it exposed the inadequacy of the government with respect to the treatment and subsequent deportation of illegal migrants once they have been identified by the statethere is a lack of a solid framework to initiate swift deportation proceedings or a lack of coordination with neighbouring governments there is also a lack of infrastructure to house illegal migrants, once identified, in the interim this leads to detention in poor conditions, on occasion, for indefinite periods this entire process is sensitive asthere are numerous humanitarian and legal concerns involved in the process if done improperly, it could invite ire from the international community and have ramifications under international law as india is taking large strides towards establishing itself as a global power, it is imperative that the government assess the current framework of immigration and provide for a better institutional approach to the illegal migrant issue that is at par with international best practiceshence this billnew delhi;gaurav gogoinovember 27, 2018 financial memorandumclause 3 of the bill provides for the constitution of the national commission for immigration reform it also provides for the appointment of representatives from the prison, non-governmental organisations and legal fraternity clause 4 provides for payment of salaries to chairperson and members of the commission clause 5 provides for payment of salaries and allowances to officers and other staff of the commission clause 10 provides that the central government shall provide adequate funds for the smooth functioning of the commission the bill therefore, if enacted, would involve expenditure from the consolidated fund of india however, at this stage the recurring and non-recurring expenditure cannot be estimated, but has to be worked out by the central government while implementing the provisions of the bill memorandum regarding delegated legislationclause 15 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character————— a bill to constitute a commission for immigration reforms to check illegal migration and regulate immigration and related issues in the country and for matters connected therewith or incidental thereto————— (shri gaurav gogoi, mp)mgipmrnd—2270ls—14-12-2018	Parliament_bills	793bdff3-9bfb-5084-9b2e-e067b4a885ef
the kerala appropriation bill, 1959(as introduced in lok sabha on 31st august, 1959) the kerala appropriation bill, 1959 (as introduced in lok sabha) a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of kerala for the services of the financial year 1959-60 be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the kerala appropriation act, 1959 short title 2 from and out of the consolidated fund of the state of kerala issue of rs 5 there may be paid and applied sums not exceeding those specified f199iaodo t rom an ou in column 3 of the schedule amoul'lting in the aggregate to the sum of the conof nineteen lakhs, ninety-one thousand and four hundred rupees f~~t~t the towards defraying the several charges which will come in course of state of payment during the financial year 1959-60, in respect of the services ~~~':;~ia1 10 specified in column 2 of the schedule year 1959-60• 3 the sums authorised to be paid and applied from and out of ~ppropriathe consolidated fund of the state of kerala by this act shall bon be appropriated for the lervices and purposeil expressed in the schedule in relation to the said year - -- ~-----,----i 2 3 i ----s no of vote sums not excee~ing services and purposes -----, i voted by charged parliaon the total ment consolidated fund 10 ---rs rs rs i agricultural income-tax and sales-tax z4·300 24,300 v taxes on vehicles 1,000 1,000 ii i elections 15,00,000 15,00,000 x v x police 2,76,400 z,76,4oo is vii x education 9,300 9,300 xv labour and miscellaneous 100 100 x xx xiv capital outlay on irrigation (non-commercial) 42,300 42,300 viii xxx x lii capital outlay on civil works 35,100 35,100 20 capital outlay on state schemel of government trading 1,900 2,900 xliv loan, and advances by the state government 1,00,000 1,00,000 total 19,63,200 z8,zoo 19,91,400 statement of objects and reasonsthis bill is introduced in pursuance of articles 204 (1) and 205 of the constitution and the proclamation issued by the president on the 31st july, 1959, in exercise of the powers conferred on him by article 356 thereof to provide for appropriation out of the consolidated fund of the state of kerala of the moneys required to meet the supplementary expenditure charged on the consolidated fund and the grants made by the lok sabha for expenditure of the government of kerala for the financial year 1959-60 new delhi; morarji desai the 29th august, 1959 a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of kerala for the services of the financial year 1959-60 the president has, in pursuance of clauses (i) and (3) of article 207 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary (shri morar}i desai, minister of finance) gmglpnd-ls i-b41 (b) ls-29-b-59-1650	Parliament_bills	22a4f1bf-800c-50db-aee5-2fecf51d5ea6
the appropriation (railways) vote on account bill, 1971 a billto provide for the withcirawat of certain bums from and auto! the consolidated fund of india for the services of a part of the jifl4nd41 fieat' 1971-72 for the purpohs of rau1dgi/" be it enacted by parliament in the twenty-secood year of the republic of india as follows:-~ l this act may be called the appropriation (railways) vote 011 short utle account act, 1971 s 2 from and out of the consolidated fund of india there may be withwithdrawn sums not exceeding those specified in column 3 of the sche- drawalof dule amounting in the aggregate to the sum of five hundred and forty"-ri three crores, twenty-four lakhs and fifty-seven thousand rupees towaru 54324,57000 from defraying the several charges which will come in course of payment and out 10 during the financial year 1971-72, in respect of the services relaung to ouhe railways specified in column 2 of the schedule consoli_ dated fund of ioditor the ftnancialyear 187172 3 the sums authorised to be withdrawn from and out of the conso- approlidated fund by this act shall be appropriated for the services and pur- priation poses expressed in the schedule in relation to the said year the schedulej 2 ----1----i s no of vote 3 , sums not exceeding --services and purposes voted by charged on the parliament consolidated total fund - ---'------rs rs ri 1 railway board 5604000 56•04000 miscellaneous expenditure 24525,000 100000 2,462,,000 2 10 3 pabtient8 to worked lines and thers - - 475000 475000 4 working bspenses-adminis-28,6539000 tration - 0 - 0 '1,000 286546000 15 working bzpenses -repairs and maintenall'ce 0 941914000 isooo 941929000 ~~i expeoaet-operating t •• - - - 606284000 606284000 7 wo~ ~pulfiol1; s666,26ooo (fuel) - - 0 '0 566626000 8 working &pcnlea-operation other thad stur and fuel - 17s2:s8,000 1783000 177021,000 9 workin~zpenset-mi8cen-neoua, nle - 0 1230,54000 6,r6000 1232080000 25 10 wor~ eq!c"icii staff wei" tare '0' ~ 0 92897000 9:z8,9'h000 ii 30 ii-a working ezpenses-a~rjlti~ to,pepreuipjl, rye fund - 0 - - 3500•00•000 3,0000,000 workinl expenses-appropriation ~o pejl8ion fund soo,ooooo " soo,ooooo i2 i~ dividend to general revenue8 61779000 61779900 ~ line works (revenues) 2,99,~000 7,000 300,04000 coi\8t$ion of ne~ lines 1i,is·92ooo 6,000 ji,rs98000 14 15 35 op'p~fw~lita1der:~~on reserve und and ~8s,ooo 197,418s;000 evelopment fund 197,3900000 16 pe~io~ charges-pension fund 0 - - - 2,9604,000 296,04000 -----total 0 543,0028000 ~4~9ooo '4324,57000 statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made in advance by parliament in respect of the estimated expenditure of the central government on railways, for a part of the financial year 1971-72 k hanumanthaiya president's recommendation under article 117 of the constitution of india[copy of letter no 71-b-401711, dated the 23rd march, 1971 from shri k hanumanthaiya, minister of railways to the secretary, lok sabha] the president having been infonned of the subject matter of the proposed appropriation bill providing -tor the withdrawal from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by the lok sabha for the financial year, 1971-72, recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and consideration by the lok sabha of the appropriation bill , j t, l a bill to provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial ye&tr i91i-"12 for the purposes of railways (shri k hanumanthaiya, mnist,r of railldays)	Parliament_bills	fd5e7545-f505-56bd-b2ab-990512260081
arrangement of clauses chapter i preliminary clauses 1 "short title, commencement and application 2 definitions chapter ii the international airports authority oj' india t ••••• 3 constitution and incorporation of the authority 4 "disqualification for oftlce of member 5 term of office and conditions of service of membel'8 "0 vacation of office of member 7 eligibility of member for re-appotntment "', 8 meetings 9 vacancy in the authority not to invalidate proceedings 10 appointment of officers and other employees of the authority 11 authority to act on business principles chaprerm property and contracts12 transfer of assets and liabilities of central government to the authority 13 compulsory acquisition of land for the authority 14 contracts by the authority 15 mode of executing contracts on behalf of the authority chapter iv functions of the authority16 functions of the authority chapter v finance, accounts and audit17 power of the authority to charge fees, rent, etc 18 additional capital and grants to the authority by the central aovemm~nt, clauses19 fund of the authority 20 allocation of surplus funds : 21 submission of programme of activities and financial estimates 22 investment of funds 23 borrowing powers of the authority 24 accounts and audit chapter vi misceljanbol7s25 submission of annual reports to parliament 26 delegation 27 authentication of orders and other instruments of the authority 28 officers and employees of the authority to be public servants 29 protection of action taken under the act 30 custody and disposal of lost property 31 provisions relatilig to income-tax 82 power of the authority to undertake certain works 33 power of central government to temporarily divest the authority from the management of any airport 34 power of central government to supersede the authority 35 power of central government to issue direcuons 36 power of central government to make rules 37 power of the ,authority to make regulations ,38 supplemental provisions respecting regulations 39 penalty for breach of certain regulations ,40 power to remove difficulties 41 amendment of act 22 of 1934 bill, 1971 a billto provide for the comtitution of an authority for the mcznagement of certain aerodromes whereat international air transport services a,e operated or lire intended to be operated and fo, matters connected therewith be it enacted by parliament in the twenty-second year of the republic of india as foll'ows:- chapter i preliminarys 1 (1) this act may be called the international airporb authority short title act, 1971 commence mentand (2) it shall come into force on such date as the central government appllmay, by notification in the official gazette, appoint cation (3) it applies, in the first instance, to the aerodromes of bombay 10 (santa cruz), calcutta (dum dum), delhi (palam) and madras (meenambakkam) and the central government may, by notification in the official gazette, apply the provisions of this act to any other aerodrome whereat international air transport services are operatec:t or are intended to be operated and with effect from such date 'f may be speei-is fied in the notification " _ _ 2 in this act, unless the context otherwise requires,-(a) "airport" means an aerodrome as defined in clause (2) of aectlon 2 of the aircraft act, 1934 and to which this act applles or is made applicable; (b) "airstrip" means an area used or intended to be used for 5 the landing and take-oft' of aircrafts with short take-oft' and landing characteristics and includes all buildings and structures thereon or appertaining thereto; (c) "authority" means the international airports authodty of lndia constituted under section 3; 10 (d) "chairman" means the chairman of the authority; (e) "heliport" means an area, either at ground level or elevated on a structure, used or intended to be used for the landing and take-off of helicopters and includes an area for parkin~ helicopters and all buildings and structures thereon or appertaining thereto; is (f) "member" means a member of the authority and includes the chairman but for the purposes of sections 4, 5, 6 and 7 does not include the e:j: ogicio member referred to in clause (b) of sub-section (3) of section 3; (g) "prescribed" means prescribed by rules made under this 20 act; and (h) "regulations" means regulations made: under thi act chapter ii the international airports authority 0 india·3 (1) with effect from the commencement of this act, the central 25 government shall constitute an authority to be called the intemational airports authority of india constitution and incorporationofthe authority (2) the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both 30 movable an:] immovable, and to contract and shall by the said name sue and be sued (3) the authority shall consist of-(a) a chairman to be appointed by the central government; (b) the director-general of civil aviation, ex officio: arid 3s (c) not less than six and not more than thirteen members to be appointed by the central government (4) the chairman shall be a whole-time member and the other members referred to in clause (c) of sub-section (3) may be appointed as whole-time or part-time members as the central government may 40 think fit (s) the lwhes of persons appointed as members shall be notj1ted by the central government in the official gazette (6) during the temporary absence of the chairman, the central government may appoint another person, being a whole-time member, to , act as the chairman 4 a person shall be disqualified for being appointed as a member 11 he-disquallfl cation for office of member, (a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the central government, involves 10 moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared bya competeut court; or (d) has been removed or dismissed from the service ('f lhe covernment or a corporation owned or controlled by the government; or is (e) has, in the opinion of the central government, ~c,b 1lnancial or other interest in the authority as is likely to affect prejudicially the discharge by him of his functions as a member 5 (1) subject to the provisions of secti<>n 6, every member shall hold 20 office for a period of three years from the date on which he assumes office: provided that the central government may-temlol office and conditions ot service ofmem bers 25 (a) terminate the appointment of any whole-time member, who is not a servant of the government, after giving him notice for a period of not less than three months or in lieu thereof (in payment of an amount equal to his salary and allowances, if any, for a period of three months; (b) terminate the appointment of any part-time member who is not a servant of the government after giving him notice for such period as may be prescribed; and 30 (c) terminate at any time the appointment of any member who is a servant of the government (2) the other conditions of service of the members shall be such as may be prescribed 35 (3) any member may resign his office by giving notice in writing for such period as may be prescribed to the central government and, on such resignation being notified in the official gazette by that goveri;lment, such member shall be deemed to have vacated his office (4) a casual vacancy caused by the resignation of a member under 40 sub-section (3) or otherwise may be filled by fresh appointment and the person so appointed shall hold office for the remaining period for which the member in whose place he is appointed would have held office " vacation g", the central government shall remqve a, member it heotofbce ot member (a) becomes subject to any of the disqualifications mentioned in section 4: provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) s of that section, unless he has been given a reasonable opportunity of being heard in the matter; or (b) ,refuses to act or becomes incapable of acting; or (c) is, without obtaining leaye of absence from the authority, absent from three consecutive meetings of the authority; or 10 (d) in the opinion of the central government, has so abused his position as to render his continuance in oftlce detrimental to the public interest: provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in ~e rnatter 15 7 any person ceasing to be a member shall, unless under section " be eligible for re-appointment as such disqualified eligibility otmember tor raappointment s (1) the authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided 20 by regulations (2) the chairman, or, if for any reason he is unabje to attend any ~eeting, any other member chosen by the members present at the meeting, shall preside at the meeting 25 (3) all questions which come up before any meeting of the authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote 30 9 no act or proceeding of the authority shall be deemed to be invalid by reason rnerely of any vacancy in, or any defect in the constitution of, the authority vacancy in the authority dot to invalidate proceedinll 10 (1) for the purpose of enabling it' efficiently to di!!charge its functions under this act, the authority sahll, 8ubjec't to the provisions of section 12 and to such rules as may be prescribed in this bf'half, appoint 35 (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary: appoint_ mentot officers and other employees ot the authority provided that the appointment of such category of officers as may be specified after consultation with the chairman in such rules, shall be 40 subject to the approval of the central government (2) subject to the provisions of section 12, every officer or other employee appointed by the authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations 11 in the discharge of its functions under this act, the authority shall act, so far as may be, on business principles authority to act on business principia chapter iii property and contracts12 (1) save as otherwise provided in sub-section (2), as from such 10 date as the central government may appoint by notification in the official gazette in relation to any airport,-(a) all properties and other assets vested in the central government for the purposes of the airport and administered by the director-general of civil aviatic;m immediately before such day hall vest in the authority; is transfer of asset and liabilities of central government to the authority 20 (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be dor-e by, with, or for the central government immediately before such day for or in connection with the purposes of the airport shall be deemed to have been incurred, entered into _and engaged to be done by, with, or for the authority; (c) all non-recurring expenditure incurred by the central government for or in connection with the purposes of the airport up to such da yand d~lared to be capital expenditure by the central government shall, subject to such terms and conditions as may be determined by the central government, be treated as the capital provided by the central government to the authority; (d) all sums of money due to the central government in relation to the airport immediately before mlch day shall be deemed be due to the authority; 30 (e) all suits and ot~r legal proceedings instituted or which could have been instituted by or against the central government immediately before such day for any matter in relation to the airport may be continued or instituted by or against the authority; 35 45 (i> every employee holding any office under the central government immediately before such day solely or mainly for or in connection with such affairs of the airport as are relevant to the functions of the authority under this act shall be treated as on deputation with the authority but shall hold his office in the authority by the same tenure and upon the same terms and condition~ of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the authority had not been constituted and shall continue to do so until the centra] government, either on its own motion or at the request of the authority, recalls such employee to its service or until the authority, with the concurrence of the central gover-nment, duly absorbs such employee in its regular service, whichever is earlier: prqvided that during tiu:! period of deputation of any such employee with the authority, the authority shall pay to the central government, in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the central government may, by order, determine: 5 provided further that any such employee, who has, in respect of; the proposal of the authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the authority his intention of not becoming a regular employee of the authority, shall not be absorbed by the authority in its regular 10 service (2) as from the date determined by the central government under' the proviso to sub-section (2) of section 16,- (a) the equipment and applanees relating to air navigation serviees and the 1tuiidjngs used exclusively for sueh semen imme· is diately before sueh day shall vest in the j\uthority; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the central government immediately before such day for or ip connection with air navigation services shall be deemed to have 20 been incurred, entered into and engaged to be done by, with, or for the authority; (c) ad ii1im8 of money due to the ceatral gove,nment for or in '~oddedioil with air navigation serviees immediateiybefore sueh day ,1h8r he deemed to be d}le to the authority; - 25 (d) all suits and other legal proceedings instituted or which cowd have been instituted by or against the central government immediately before such day for any matter in connection with air , navigation services may be continued or inltituted dy or against the ~) ,t\utbprity; 30 (e) every employee holding any office under the central goyemment ilxlmediately before such day solely or mainly for or in cojulection w1th·air navigation seriicesshall be treated as ondeputation with the authority but shall hold his office in the authority by the same tenure and upon the same terms and conditions of service as 3 respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the authority had not been constituted and shall continue to do so until the central government, either on its own motion or at the request of the authority, recaljssuch employee to its 'service or until the authority, 40 with the concurrence of the central government, duly absorbs such employee in its re~lar service, whichever is earlier: provided that during the period of deputation of any such employees with the authority, the authority s~all ~ay to the central government, in respect of every such employee, such contribution 4' towards his leave salary, pension and gratuity as the central goy emment may, by order, determine: ' provided furtlaer that any such employee, who has, in respect of the proposal of the authority to absorb him in its regular service, intimated within such time as may be specified in this ~!lalf by the authority his intention of not becoming a regular employee of 5 the authority, shan not be absorbed by the authority in its regular service (3) if any dispute or doubt arises as to which of the properties, rights or liabilities of the central government have been transferred to the authority or as to which of the employees serving under· the central 10 government are to be treatt"ci as on deputation with the authority, under this section, such dispute or doubt shall be decided by the central government in consultation with the authority and the decision of the cen- tral government thereon shall be final 14 of 1947 (4) notwithstanding anything contained in the industrial disputes 15 act, 1947 or in any other law for the time being in force, the absorption of any employee by the authority in its regular service under this section shall not entitle such employee to any compensation under that he or other law and no such claim shall be entertained by any court, tribunal or other authority 20 (5) in this section and in section 16, the expression "air navigatior services", in relation to any airport, means air traffic services (including aeronautical and flight information services), aeronautical communication and navigational aids and meteorological services at such airport 1 of 1894 13 any land required by the authority for discharging its functi:ms 25 under this act shall be deemed to be needed for a public purpose and such land may be acquired for the authority under the provisions of the land acquisition act, 1894 or of any other corresponding law for the time being in force compulsory acquisition otland for the authorit, 14 subject to the provisions of section 15, the authority shall be com- contracts 30 petent to enter into and perform any contract necessary for the discharge of by the its functions under this act authorit, 15 (1) every contract shall, on behalf of the authority, be made by the chairman or such other member or such officer of the authority as may be generally or specially empowered in this behalf by the authority 3s and such contracts or c1au of contr,cts as may be specified in the regulations shall be sealed with the common seal of the authority: mode of executinl contracts on behalf of the authority provided that no contract exceeding such value or amount as the central government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the authority: 40 provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the central government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the 4, central government (2) subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this act shall be such bi may be prescribed by regulations (3)' 'i~'o' contraet which is 'not in aecordancewith the pro'risib~jof this act add the regulations, shall be binding ~,the authority chapter'tv functions of the aumorityfunctions 18 (1)' subj«t, t() the rules, 'if any, made by the ¢eatral gqvemment 5 of the in thfsbehluf, it 'shall be the :funeticm; of the authority to manage~ , authority airports efllciently (2}jt shan be the duty of the authority to provide at the airports such services and facilities as are necessary or desirable for the etaci~nt operation of air transport services thereat; " , '" 10 provided that th~ fuil(:~ion of pr(),vidingair navigation serv~ at the airports shall continue to be discharljecl ,by the, central gove~rjlnlent until such date as that government may, by ~der, d~t;ermine (3) without prejudice to the generality of the provtsiorts;~tjhtainedm sub-sections (1) and (2), the authority may-' " is (1) plan,dev~lo~~ construct arid' milintin 'runways;' tiljci-,&ys, llprons arid tetin1n~f'and aridllary 'buildings 'at ithe 'attports; - , i • , : ~',' i"j ! , (b) ~construct residential buildblgsand create townships for its, employees; (c) establish and rbaintain hotels,' restaurants and restrooms 20 ii~: 6:t:rte~th~alrliorts; , (d)establishw8l'ehquse& at the airports for the stqrage or pro-"" cessing of goods; , (e): arrange for postal, jaoney ex~hange, insurance and tele- "" " ", " ' i ' , phone facilities fo,: the u~ of passengers ~d other persons ,at' the 25 airports; (f) make appropriate arrangements for watch and ward at the airports; , , ' tg), ,regulate ;and~n;o1'~he p~y~gof ~~clt!s,an~ ~e',' ent~y and exit qf passengers ~nd :v~~~rs,in the airpo~ts with due ceg,'r4 30 to the pretocoldulllctionlfqi tbe,go¥er~mentof lpcua; " (h) develep ,and, pl'qv,jde : ;consultancy '" serv~ces in indja, ,and 'abroad in reiatiqn to pllljjl\llg and, development qf airports 01' ~ny ·faeuities thereat; , " , (i) establish and ~ag~: he~ip~l$ and airstrips;, 3, (1) ~rovide stich trmsport facilities as ate,:in the opinion of the a\lttibrity, necessary to: flie 'pbssengers travelling: by'air; , ' , (")to formolut or more eo~panies under the coropanies act, 1956 or under any other law relating to companie~ to further the al1858 efficient discharge of the functions imposed on it by this act; and 40 1 (1) ~e all suc~ s~ps as mayb~ necessa~ or convehient'for, or may be"incid~mtal 'to, the exerci~ of any:pow~r 'or"the ~ of any function conferred or imposed on it'llyi thii ~t (4) io the ~charge of it~ functions under thi$ sectiqn, the autj;1c?rity shallhaye que regar<l to the development of air transport service and to - the efficiency, economy and safety of such se~i~e (5) n~thing contained in this section shlf,ll be construed as-s (4) imposing -an obligation on the authority to disclulrge any function or duty-under this section with respect to any airportiil relation to which a notifioation has not been issued under sub-~~iqd (1) of section 12; (b) authorising the disregard by the authority of any law for the 'time ·being in foroe; or (c) authqrisi~ any person to iristitute any proceeding in respect of a duty or li,ability to which the authority or its officers or other employees would not otherwise be subject ' chapte~v is finance • accounts and audit11 the authority may,-(i) with the - p&'ev}ous app~oval of tbe c~ntral gov:!rnmcnt, ,charge fees or rent,-power of the aif&honi, tochaqe fees, rent, etc 20 (a) fot the landing, housing or parking of air~afts or for any other service or facility oft'er~ in connection with aircraft operations, at any airport heliport or airstrip_ expzanation-in this sub-clause "aircraft" does not include an aircraft belonging to the indian defence services and' "aircraft operations" do not include operations of any aircraft belonging to 2s the said ,services; (b) for the' amenities given to thepassen!!ers and visitors at any airport, hel~port or airstrip; (c) for the use and enjoyment by perijons of facilities add other services provided by the authority at any airport, heliport 30 or airstrip; :(ii) with due regard to the instl'uctionsthat the c~ptl'al government may give to thl' authority from time to time, charge fees or rent from 'person" who are given by the authority any facuity for carrying -on any trade' or -business at any airport 3518 the central government may, after due apjlropl'ialion made by additional 'parlian'lentby law in this itelullf,-::ital (a) pj'c)vide any ~apital over and above the capital provided under clause (c) of sub-section (1) or reeuon2; that'may·jmj required by the authority for the discharge or its runctions under this actor 101' ~urpose ~c;nu~eet~d the~ewith on such tenus l1nd condition ¥ ~t governmeiit:may determine; grant!! to the authority by the central go\'emment (b) pay to the' authority, on 5l~h termll and con4itions us the (:entj:!aj go,""rdment ma,y determille, by way or loans or grants sueh ;, of money as 'th~tgovemmei1t may e~nsldt'r l1ccessary for the 45 ellieient discharge by the authority of its -furidions under this ad fund of it (1) the authority shall have its own fund and all receipts vf the the authority shall be credited thereto and all payments of the authority authority shall be made therefrom (2) the authority shall have power, subject to the provisions of this act, to spend such sums as it thinks fit to cover all administrative s expenses of the authority and on 'objects or for purposes authorised by this act and such sums shall be treated as expenditure out of the fund of the authority (3) au moneys standing at the credit of the authority which cannot immediately be applied as provided in sub-section (2) shall be deposited 10 in the state bank of india or in such scheduled bank or banks and subject to such conditions as may from time to time be specifoed by the central government explanation- in this sub-section "scheduled bank" has the same meaning as in clause (e) 'of section 2 of the reserve bank of india act, is 1934 a11ocatoinof wrplua fqnda zo (1) the authority may, from time to time, set apart such amounts as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities or services or creating new facilities 'or services at any airport or for the purpose of providing against any temporary decrease of 20 revenue or increase of expenditure from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage from fire, cyclone, air-crash or other accident or for meeting any liability arising out of any act or omission in the discharge of its functions under this act: -2s provided that without prejudice to the right of the authority to establish specific reserves for one or more specific purposes, the authority shall also have the power to establish a general reserve: provided further that the sums set apart annually in respect of each or any of the specific and general reserves and the aggregate at any time 30 of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the central government (2) after making provision for such reserve fund or funds and for bad and doubtful debts, depreciation in assets and all other matters which afe usually provided tot by companies registered and incorpo- 35 rated under the companies act, 1956, the authority shall pay the bal-1 of 1958 ance of its annual net profits to the central government 21 (1) the authority shall, before the commencement of e'aeb financial year, prepare a statement of the programme of its activities during the forthcoming financial year as well as a financial estimate in respect 40 thereof submis,:, sian of pro-irammeof activit1ea andftnancial e8ti-matel (2) the statement prepared under sub-section (/) shall, not less than three months before the commencement of eachftnaneial year, be submitted for approval to the central government (3) the statement and the financial estimates of the authority may, 45 , with the approval of the central government, be revised by the authorfty d the autborlty may invest its funds (including any reserve fund) invest_ in the securities of the central government or in such ·other manner aa ment of may be prescribed funds 23 (1) the authority may, with the consent of the central govern-borrowing powers of the authority s ment or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging au or any of its functions under this act (2) the central government may luarantee in such manner as it 10 thidks fit the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the authol'ity udder subsection (1) (3) subject to such limits as the central government may, from time to time, lay down, the authority may borrow temporarily by way is of overdraft or otherwise such amounts as it may require far disrharging its functions under this act 24 (1) the authority shall maintain proper accounts and other ra-accounts levant records and prepare an annual statement of accounts including and audit the profit and loss account and the balance-sheet in such farm as may be 20 prescribed by the central government in consultation with the comptroller and auditor-general of india (2) the accounts of the authority shall be audited annually by th(: comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the authority 2s to the comptroller and auditor-general of india (3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general has 30 in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the authority (4) the accounts of the authority as certified by the comptroller 35 and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament chapter vi miscj:llanbot1ssubmission of annual reports to parliament 25 (1) the authority shall, as soon as may be after the end of each financial year, prepare and submit to the central government in such form as may be prescribed a report giving an account of its activities during that financial year and the report shall also give an aclount of 45 the activities which are likely to be undertaken by the authority during the next financial year (2) the eet~govemrmdt shall g8wie auch ~ tobe": latd before both houses of parliament as soon as may he after· it is ,aublnittottd ~legatiod 28 the authority may, by general or special order in writinl, dele-,gate to the chairman or any other member or to any oftlcer <11, t~~ authority subject to such con~tions and liinitations, if any, as may be s specified in the order, such of its powers and func!tions under this act (except the powers under secti-o-n 31) a~ it m~y deem necessary 27 all orders and decisions of the authority shan be aut_tieated by the signature of the chairman or any other member authorised by the authority in this behalf and all other instruments ·exiecuted by the 10 authority shall' be authenticatt!d by the signature oifan 'officerof·elts authority ahltbdrised -by the' authority '!'i ~tbts· behalf! '" 45 of 1860 zs all officers and employees of the authority shall, when acting or 'purporting to act in pursuance of the provisions of this act or of any rule or' regulation made thereunder, be deemed to' be pubucsei\1ants is within the meaning of section 21 of the indian penal code ' zi no auit, prosecution or other legal proceeding$bldllie against the authentication of orders and other instruments otthe authority officers and employees of the autho-rity to be public servants protection of action taken under the act a~thority orany member or any,officer <tr other employee of the authority for anything, which is ,in, good faith done or intended to be done in pursuance of this act or of any rl,1le or regulati~ made thereunder or 20 for any damage sustained by any aircraft or vehicle in conseqt;('n('c of any <1efect in any off the airports or other things ~il1g to or under the controlo£ tile authority custody :mddispo3glof lust pro-jlerty provisions relating to incometax 30 subject to such' regulations as the' authority may make in this behalf, the authority shall provide for set!uring the safe custody and 25 , l:estoration 01 any pl'operty which while not in pr~per custody i~ found on any premises belonging to the authority or un4,er its overall control orin any aircraft on any $uch premises ' it for the purpoaes of the incometex a~t 1901 or any other: ~tjl1entfol' the time being infollee l'elatin& to ~me-ta~ or an-y otber uix ·on ineojjle, profits or "a ins tae,autborilty,"u be 4eellleg top, a ,e~- 30 pany within the meaning of the ineometax act, 1"1 8j;ld fih"u bel~c to tax accordingly on its income profits and gains 32 the authority may undertake to carry out on bch~lf of any person aj)y ~orks or services or ally class of wor!:s or serv~~es on such terms and conditions as maybe agreed' upon 'between the 35 authority and the person concerned 33 (i) if at any time the central government is of opinion that in the public interest it is necessary orexpedient so to d<t, it may, by order, direct the authority to entrust the management of any airport with 40 ettect from such date and to -such pel'8bn as may be specified in the ordci ' and the authority shall ];)e bound to comply with such direction: i i t " ' ' ~: :_: , provided thabbefore anorw ,is made under ~ sup-section the authority shall be given a retlsonable ~ppot:t~it~ ~'b~ig heard' i~' the matter " u' 45 (2) where th~ management of any airport is, entnist,ed to any-person' specified under sub-section (1) (hereafter in this section "teferted to a's power of the authority to undertake cerlain works power of centra] government to tt'mpo_ rarily divest' the authority fremthe manage· ment of iiny lirport uae ,authorised}lei'1!on)" ,~ authority, shall cease to exemse and cu-charge all its powers and functions under this act in relation 'to such airport ,and suc:h powers and functions shall be exercised and discharged by uieauthorised person inaccol'dance with the' 'instructions, if arty, 5 which the central govei'nment may give to the allthbrlaed ~rsol1 frt)m time to time: ' provided that nq sucbpo~er or function as may be specified by the cejil~al government by a: general or special order shall be exercised or ~harged by :tbeau~~rised person except with theprevlous sanction 10, of the central government ' " ; (3) an order made under sub-section (1) shall, unless rescinded, be in operation for 'a period' of six months from the date on which the management of the airport is entrusted to the authorised person: provided that the central government" may extend1lllch period for a is further period or periods not exceeding eighteen mcmths j (4) during the operatiol1(jf an':on1er made under'sub·sectlion (1), it shall be competent fol' the ceutrill government to issue from time to time, sitch directions to the a1r1th&tfty' as ate aec~ry to eaable the authorised persoii"t& exetoeise th~ ~poweri ami discharge the ,functions of 20 the authority under this ad;in relatiml 'to the, airport, the 'management qf which has ,beej!l,elltrusted to him and in particular to transfer any ,>urn of'money fr·om t~funt;i9fthe 'authority to the authorised person for the management of the airport and every such direction sha11 be complied with by the authority ' 25 (~) on, ~hece~sor o~ ,oj>er~tion of any order made ~der sub-seetion (1) in relation to any airport, the authorised person sba:ll ceas~ toexerelse ancl ,pettform' the pbwera and functions of, the authority u~der this act in relation to such airport and the, autborityshall coqtinue to,exercise and, perform such powers and functions in accordance with the pro-30 visions of thi~ 'act' , , : (6) onto assor 'of operatian of any ·order made under sub-&ection (1) in relation to any airport, the authorised person shall hand over to ~he allthority,any property (including any sum of money or other'asset) remaining with him in 'connection with the management of such airport ! - ' " : • ! • 3s (7) anything done or any action taken lllwfw~y by the author,bed p~rson ,in ,relation to any airport, during the period of operation of an order mad~ u~der sub-section' (1) shall be deemed tobave been done or t8k~n by 'the a\ithority~d shall be binding on the authority 34 (1) if, at any time, the centra~ governmemt is of opidien-40 (a) 'that on account of a ,grave emergency, the autlwrity is un· abte 'to discharge the functions anddutiesmposed on it by qr under the provisions of this act; or power ofcentral government tonpersedethe ' authorlt7 45 (b) that the allthority has 'persistently made default in com-'plying with snydireetion issued :by the cerit,algovemment ullder this act or in the,diacharle of the f~ons, and duties imposed an it by or under the provisions of this act and as a result of which default the financial position of the authority or the administration of any airport has deteriorated; or" , , (c) that circumstances exist which render it necessary in the public interest so to do, the central government may by notification in the official gazette, supersede the authority for such period, not exceeding six months, as may be specified in the notification: s provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the central government shall give a reasonable opportunity to the authority to show cause why it should not be superseded and shall consider the explanations and objections, if any of the authority 10 (2) upon the publication of ii notification under sub-section (1) superseding the authority,-(4) all the members shall, as from the date of supersession, v~l'ate their offices as such; (b) all the powers functions and duties which may, by or under is the provisions of this act, be exercised or discharged by or on behalf of the authority, shall, until the authority is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the central government may direct; (c) all property owned or controlled by the authority shall, until 20 the authority is reconstituted under sub-section (3), vest in the central government (3) on the expiration of the period of supersession specified in the notification issued under sub-section (1) the central government may-(a) extend the period of supersession for such further term, 25 not exceeding six months, as it may consider necessary; or (b) re-constitute the authority by fresh appointment and in such case any persons who vacated their offices under clause (a) of s1:1bsection (2) shall 110t be deemed disqualified for appointm:!nt: provided that the central government may, at any time before the 30 expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section (4) the central government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section 35 and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunity 35 (1) without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy 88 the central 40 government may giv~' in writing to it from time to time: power ofcentralgovernmeat to laue dlreetiodl provided that the authority shall as far as practicable, be given opportunity to express its views before any direction is given under this subsection (2) the decision of the central government whether a cauestion is 45 one of doucv or not shall be flna 1 •• (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-power ofcentralgovernment to make rules 5 (a) the term of office and conditions of sarvice of the chairman and other members under section 5 including the salaries payable to the chairman and to the members who are required to render wholetime service and the fees and allowances payable to the members who are required to render part-time service; 10 (b) the period of notice required to terminate the appointment of any member, who is required to render part-time service and who is not a servant of the government, under section 5, and the period of notice that may be given to the central government by a member before he resigns his office, under that section; 15 (c) the conditions and limitations subject to which the authllrity may appoint officers and other employees under sub-section" (1) of section 10; 20 (d) the terms and conditions subject to which the non-recurring expenditure incurred by the central government for or in connection with the purposes of any airport shall be treated as the capital provided by the central government to the authority under clause (c) of sub-section (1) of section 12; (e) the manner in which the authority may invest its funds under section 22; 25 <f) the form in which the authority shall prepare the annual statement of accounts including the profit and loss account and the balance-sheet under section 24; and (g) any other matter which is to be or may be prescribed (3) every rule made under this section shall be laid as soon as may 30 be after it is made before each house of parliament while it is in session tor a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both houses agree 1n making any modification in the rule, or both houses agree that the 35 rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, ~hat any such modification or annulment shall be without prejudice to the' validity of anything previously done under that rule power 37 (1) the authority may make regulations not inconsistent with 40 this act and the rules made thereunder to provide for all matters' for which provision is necessary or expedient for the purpose c! coiving effect to the provisions of this act \| of \| th" \|\|-----------\|--------\|\| authority \| \|\| tomqe \| \|\| regula- \| \|\| tioiu' \| ' \|(2) without prejudice to the generality of the foregoing power, such regulations may provide for-(a) the times and pjaces of the meetings of the authority and the procedure to be followed for the transaction of business at such meetings under $ub-be(:tion (1) of section 8i (b) the conditions of service and the remuneration of officers and other employees appointed by the authority; (c) the contracts or class of contracts which are to be sealed with the (;ommon seal of the authority and the form and manner in which a contract may be made by the authority; 5 (d) the storage or processing of [~oods in any warehou~;e established by the authority under clause (d) of sub-section (3) of section 16 and the charging of fees for such storage or processing; (e) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the 10 person entitled thereto, under section 30; (1) the disposal of any lost property in cases where such property is not restored und ~r section 30; (g) securing the safety of aircraft, vehicles, and persons using the airport and preventing danger to the public arising from the use is aud operation of aircraft in the airport; (h) preventing obstruction within the airport for its normal functioning; (i) prohibiting the parking or waiting of any vehicle or carriage within the airport except at places specified by the authority; 20 (j) prohibiting or restricting access to any part of the airport; (k) preserving order within the airport and preventing d~age to property therein; (l) regulating or restricting advertising within the airport; (m) requiring any person, if so directed by an officer appointed 2s by the authority in this behalf, to leave the airport or any particular part of the airport; and ( ) generally for the efficient and proper management of the airport 38 (1) any regulation which may be made by the authority under 30 this act may be made by the central government by notification in the official gazette within one year of the constitution of the authority and an, regulation so made may be alt~red or rescinded by the authority by means of a regulation made by it under this act supplemental provisionsrespectinl regula-, tiona (2) no regulation made by the authority under this act shall have 35 effect until it has been approved by the central government and published in the official gazette penalty for breach, of certain regulationa-39 any regulation made under any of the clauses (g) to (m) (inclusive) of sub-section (2) of section 37 may provide that a contravention thereof shall be punishable with fine which may extend to 'five 40 hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention to (1) if any difficulty anses in g!ving eftect to the provlslons of power this ficr, tile ct:ntral uovel'nm~llt may, oy genera! or specuu order pubtorel1sncd m we ljttlcla! liazette, make suen provisions not mcorulistent with move tne provisions 01 trus act as appear to it to be necessary or expedient di1llculties tor tne removal of the difficulty: s provided that no such order shall de mad' after the expiration of one year from the commencement 01 uus act (2) every order made under sub-st:ction (1) shall be laid, as soorl as may be atter it is made, betoreeach house of parliament while it is 10 m session for a total period of thirty days which may be comprised in one session or in two successive sesslons and 11 before the expiry of the session in which it is ::''0 laid or the session liillnedlately followmg ooth houses agree in makmg ally modification in the order or both houses agree that the order should not be made, the order shall there~ter have is effect only in such modified form or be of no effect, as the cas~ m!y be; so, however, that any such modification or annulment shall be without ljrejudice to the validity of anything previously done under that order 41 in sub-section (2) of section !) of the aircraft act, 1934, for clause (b), the following clause shall be substituted, namely:-amend· mento! act 22 of 1934 20 "(b) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained, the prohibition or regulation of the use of unlicensed aerodromes and the fees which may be charged at those aerodromes to which the international airports authority act, 1971 does not apply or is not !jl:8de applicable: 30 provided that until the date determined by the central govemv ment under the proviso to sub-section (2) of section 16 of the international airports authority act, 1971 any rule mad:! under this clause may provide for the charging of fees for providing air traffic services (including aeronautical and flight information services) aeronautical communication and navigational aids and meteorological services at any aerodrome to which the said act applies or is mad applicable;" statement of objects and reasonsthe international airports at delhi, bombay, calcutta and madras are the aerial gateways of india, and are becoming increasingly important in developing india's trade and tourism owing to the rapid growth of tr-ffic, and the increasing impact of technological development in the ihape of large capacity sub-sonic and super-sonic jet aircraft, the organisation and management of these four international airports will assume increasing importance in the years to come 2 to determine and advise government on the action required to be taken to provide these international airports with the buildings, equipment, facilities and organisation necessary to cater to the necdl:l of passenger and goods traffic, baggage and cargo handling, and other related matters, a high powered international airports committee was appointed in july 1967 under the chairmanship of shri j r d tata the committee has made a number of recommendations for the phase'd development of the four international airports spread over a period of fifteen ~ears, correl!lponding to three five year plans commencing from april, l~ the recommendations of the committee would involve an estimated total expenditure of rs 10612 crore-rs 6356 crore to be: spent in the fourth plan (1969-74), rs 3554 crore in the fifth plan (1974-79) and the balance of rs 702 crore to spill over to the sixth plan a provision of about rs 37: 00 crore (excluding rs 10 crore for provision of communication and navigational aids) has been made for the aforesaid four international airports in the fourth five year plan of the civil aviation department 3 an important point made by the committee is that the success in spending effectively the large outlays for the creation of the new airport facilities will depend largely on the speed and flexibility with v hich the project is launched and administered keeping in view the compulsions of government procedures, the committee urged that a corporaholl should be set up under the indian cc'mpanies act and all the present and future assets of the four international airports placed under its ownership and management, except for the functions of aeronautical communication, navigation and air traffic services as well as weather forecasting services which should continue to be under the control of the departments of civil aviation and meteorology respectively in the opinion of the committee, only a commercially oriented organisation with sufficient flexibility and autonomy in financial matters; and freed from tho! requirements of regular government procedures, would be able to provide the drive and speed so necessary for the quick development and business-like management of these a~rports a sub-committee appointed by the international airports committee in this regard had come to the definite conclusion that the creation of an autonomous airport authority would not cause any additional burden or liability on the central government budget and would in fact have definite functional advantages r , ·it : ' i 4 the proposed airports authority will be engaged in creating, maintaining and providing, services and facilities, rather than in the production of or trade in goods for the purposes of coordination with various government agencies, a joint stock company under the indian companies act may be ill-suiteu the decision of government on the recommendations of the administrative reforms commission is that the statutory corporation form is preferable for enterprises providing public utili~s which are primarily intended to develop bas~: infrastructure facilities, as is the case here it is accordingly proposed to constitute a statutory authority for the development and management of the four international airports of delhi bombay, calcutta bild madras power has also been conferred on the central government to apply the provisions of the act to any other airpqrt where international air transport services are operated or are intended to be operated 5 the bill seeks to achieve the above object 6 the notes on clauses appended to the bill explain the more important provisions of the bill karan singh new delli!; the 15th may, 1971 clause l-undersub-clause (3), the b,ct will apply, i!1 the fitst instance, to the aerodromes of bombay, calcutta, delhi and madras and power has been conferred on the cemral government to apply the ljrovisions of the act to any other ael'odrome whereat international air transport services are opt:rated or are intended to be operated c/ause 3-'l'he clause provides for the constitution of the interna tional airports authority ot india under the clause the authority will be a body corporate and will consist of a whole-time chairman, who will be its chief executive, and such number of other whole-time or part-time members, being not less than seven and not more than fourtaen the director general of civil aviation will be one of the ex otji(·~o members of the authority clauses 4 to h-these dauses make provision for disqualification for office of membe", the term of office and conditions of service of members and other matters relating to the functioning of the authority every member of the authority, other than the ex officio member, s11a11 oj-'dinarily be entitled to hold office for a period of three years from the date on which he assumes office clause 12-the clause provides for the transfer of assets and liabilities of the central government to the authority all non-recurring expenditure incurred by the central government for or in connection with the purposes of the airports to which the act applies and declared to be capital expenditure shall be treated as the capital provided by the central government to the authority keeping in view the difficulties involved in the initial transfer ot responsibility for the international airports to the authority, on the lippointed day, provision has been made to the effect that every employee holding any office under the central government immediately before the appointed day solely or mainly for or in connection with such affairs of the airport as are relevant to the functions of the authority shall hi treated as on deputation with the authority however, every such employee shall hold his office in the authority by the same tenure and upol the same terms and conditions of service as respects remuneration, leav,", provident funj and retirement or other terminal benefits as he woulql have held if the authority had not been constituted and shall continu," to do so until the central government, either on its own motion or at the request of the authority, recalls such employee to its service or until the authority, with the concurrence of the central government, duly absorbs such employee in its regular service, whichever is c:rlier during the period of deputation of every such employee with the authority, the authority shall pay to the central government in respect of every such employee such contribution t'owards his leave salary, pension and gratuity as the central government may, by order, determine provision has also been made in the clause to the effect that any employee who has, in respect of the proposal of the authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the authority his intention of not becoming a regular employee of the authority, shall not be absorbed by the authority in its regular service clause 13-the clause provides that any land required by the authority for discharging its functions under the act shall be deemed to be needed for a public purpose and such land may be acquired for the authority under the provisions of the land acquisition act, 1894 or of any other corresponding law for the time being in force clause 14-the clause empowers the authority to enter into and perform any contract necessary for the discharge of its functions under the act clause 15-the clause provides for the modes of executing contracts on behalf of the authority provision has also been made in the clause to the effect that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the central government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the central government cla1£8e 16-the clause provides for the functions of the authority it shall be the function of the authority to manag'e the airports to which the act applies or is made applicable, efficiently an obligation has been cast on the authority to provide at the airports such services and facilities as are necessary or desirable fo>:" the efficient operation of air transport services thereat however, the function of providing air navigation services, that is to say, air traffic services, aeronautical communication, and navigational aids and meteorological services, wilj continue' tl) be provided at the airports by th~ central gcvernment until and unless the central government, by order, entrust the same to the authority sub-cjause (3) of the clause enumerates the various functions of the authority clause 17-the clause empowers the authority to charge, with ih~ previous approval of the central g<>vernment, fees or rent for the land· ing, etc, of aircrafts, for the amenities given to the pasr~ngers c'ld visitors at airports and for the use and enjoyment by persons of lacilitief and other services provided by the authority at the airports the air crafts belonging to the indian de'fence services wi1l not be li:lble to be charged any fees or rent by the authority for thf'ir landing, etc, or f01 any other service or facility offered by the authority in connection witt the operation of such aircrafts the authority is als'"l empowered t( charge fees or rent from persons who are given by the authority an, facility for carying on any trade or business at any airport clause is·-the clause empowers the central government, on such telms and conditions as the central government may determine, to provide additional capital to the authority and also to pay to ~he authority, by way of loans or grants such sums of money as the central government l"'lay consider necessary for the efficient discharge by the authority of its functions under the act clause 19-the clause provides for the fund of the authoray the authority will have its own fund and all its receipts shall be credited thereto and all its payments shall be made therefrom provision has also been made in the clause for the deposit of moneys standing at the credit of the authority and which cannot immediately be applied ior any purpose clause 20-the clause provides for the establishment of a reserve fund or funds for the purpose of expanding existing faciuties or service, or creating new facilities or services at any airport or for the purpose of pro'\iding against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage from fire, cyclone, air-crash or other accident or for meeting any liability arising out of any act or omission in the discharge of the functions of the authority under the act after making provision for reserve funds, bad and doubtfu1 debts, depreciation, etc, the authority shall pay the balance of its annual net profits to the central government clause 21-under the clause, an obligation has been impo!'led on the authority to prepare, befotf;! the commencement of each financial year, a ~tatement of the programme of its activities during the forthcoming financial year as well as r financial estimate in respect thereof the statement so prepared shall be submitted by the authority for the approval of the central government clause 22-the clause empowers the authority to invest its funds in the securities of the central government or in such other manner as may be prescribed clause 23-the clause empowers the authority to borrow money from any source by the issue of bonds, debentures or such other instruments as it may <;leem fit for discharging all or any of its functions undet' the act the loans borrowed by the authority may be guaranteed by tbt central government for the re-payment of the principal and the payment of interest thereon clause 24--: the clause provides for the audit of accounts of the authority by the comptroller and auditor-general of india clause 2s :the clause imposes an obligation on the authority to pt'epare and submit to the central government, after the end of each financial year, a report giving an account of its activities during that financial year and also of the activities which are likely to be undertaken by the authority during rthe next financial year the report submitted by the authority to the central government will be laid before both houses of parliament clause 26-the clause pmpowerr the authority to de1errtt to tbp chairman or any other member or to any officer of the authority such of it'l nowpt's ~nd functions uj'aer the act, except the powers under clause ~'7, as it inay deem necessary 'claule 27-the clause makes provision for authentication of orders and other instruments of the authority clause 30-the clause jmposes an obligation on the authority to provide for securing the safe custody and restoration of any property, which, while not in proper custody, is found on any premises belonging to the authority or under its overall control or in any aircraft on any sueh premises clause s1-under the clause, the income, profits or gains of the authority will be liable to tax under the income-tax act, 1961 as if it were a company clause 32-the clause empowers the authority to carry out on behalf of any person any works or services or any class of works or services on such terms and conditions as may be agreed upon between the authority and the person concerned clause 33-the clause empowers the central government to temporarily divest the authority of the management of any airport in cases where the central government is of opinion that in the public interest it is necessary or expedient so to do when the authority is temporarily divested of the management of any airport, such management shall be entrusted by the central government to such person as may be specified in the order divesting the authority of such management an order divesting the· authority of the management of any airport will be in operation fur a period of six months from the date of the issue of the order and the central government is empowered to extend the said period of six months for a furtner period or periods not exceeding eightef'n months clause 34-the clause provides that the authority may be superseded on any of the three grounds, namely, (i) if on account of a grave emergency the authority is unable to discharge the functions nnd duties imposed 'on it by the act, (ii) if the authority has persistently made default in complying with any direction issued by the central government under the act or in the discharge of the functions and duties imposed (in the authority by the act and as a result of which default the financial position of the authority or the administration of any airport has deteriorated, and (iii) jf circumstances exist which render it necessary in the public interest to supersede the authority the authority may be superseded for a period not exceeding six months the central government is empowered to extend the period of supersession for such further term not exceeding six months as it may consider necessary, or reconstitute the authority during or on the expiry of, the period of supersession clause 35-the clause empowers the central government to issue, from time to time, directions to the authority on questions c;f policy, and the authority shall be bound by the directions so issued clause 36-the clause empowers the central government to make rules for carrying out the purposes of the act the matters with respect to which rules may be made are enumerated in sub-clause (2) clause 37-the clause empowers the authority to make re~ujati,ns not incqnfliftent wjth the act and the rules made thereunder to provide for all matters for which provision is necessary or expedient tor the purpose of giving effect to the provisions of the act the partieular· matters with respect to which regulations may be made are enumerated in sub-clause (2) clause 38-the clause empowers the central government to make the first regulations under the act within a period of one year of the constitution of the authority the clause further provides that no relu-lation made by the authority under the act shall have effect until it has been approved by the central government and published in the official gazette clause 39-the clause provides for penalty for breach of regulations made under sub-clauses (2) (g) to (2) (m) of clause 37 clause 4o-the clause empowers the central government to make orders fer the removal of 01 difficulty which may arise in giving effect to the provisions of the act g:lause • -the clause seeks to amend clause (b) of sub-section (2) of section 5 of the aircraft act, 1934 with a view to restrict the power of the central government to charge fees only at those aerodromes to which the proposed legislation does not apply or is not made applicable however, until the function of providing air traftlc services (includlnl aeronautical and flight information services), aeronautical communication and navigational aids and meteorological services at the aerodrome to which the proposed legislation applies or is made applicable is entrusted to the authority, the central government will continue to have power to charge fees for providing such services and aids at th~ erodromes '" the bill proy-ides for tlle constitution of an authollity for the development and management of the for inte~atinal aipports at dtlilhi, bombay, calcutta and madras power has been oonferred on the central government to apply the provisions of the act to any other airport where international air transport services are operated or are intended to be operated the bill further provides that fex the present air navigation servic at these airports will continue to be provided by the central government until such date as _hat government may," by order, determine 2 under clause 12(1) (c) of the bill, all non-reeurring ex,penditure incurred by the central government for or in connection with th, purposes of the airport up to the date of vesting of the airport in the authority, and declared to be capital expenditure by the central government, shall be treated as the capital provided by the central government to the authority under clause 12 (1) (d), all sums of money due to the central government in relation to the airport immediately before the date of vesting of the airport in the authority shall be deemed tli) be due to the authority 3 clause 12(1) (c) wih result in the transfer of assets and properties worth about rs 2327 crores after taking into account the elelnent of depreciation estimated at rs 9787 lakhs the exact value of the assets to be transierred will, however, be decided by government after a detailed scrutiny of the assets the sums of money which under clause 12(1) (d) shall be deemed to be dllle to the authority on the vesting date cannot be estimated however, the annual income for the year 1969-70 is estimated to be of the order of four crares and seventy-onc lakhs ai rupees 4 air navigation services at the airports aforesaid will continue to be provided by the central government until such date as that government may by order determine clause 12(2) (a) provides that as from the date determined by the central government for the transfer of the air navigation services at the airports to the authority, the equipment and appliances relating to air navigation services and the buildings used exclusively for such services immediately before such day shall vest in the authority clause 12(2) (c) provides that all sums of money due to the central government for or in connection with air navigation services immec4iately before the date mentioned above shall be deemed to be due to the authority if it is decided by government to transfer air navigation aervices to the authority the value of the equipment and ~}lpli&nces relating to air navigation services and the buildings used exclusively for weh services to be vested in the authority under clause 12(2) (a) is estimated to be of the order of rs 1074 crores the residential i"uildings at these aiprts are at present primarily occupied by the personnel employed in the air navigation services and the value of these buildings, if it is decided by government to transfer them to the authority is estimated at rs 1~5 crores the value of the land occupied for residential t·, i-lt buildings is included in the value of assets and properties indicated iii para 3 above though under clause 12 (2) (c) all sums of mcney due to the central government for or in connection with air navigation services on the vesting date shall be deemed to be due to the authority, at present no separate charges are being levied by the central government for such services however, if on a future date the central government levies such a charge, all sums of money due in respect of the same immediately before the date of transfer of such services to the authority would accrue to the authority, the estimate in respect of which cannot be made,at present 5 clause 18 provides for the payment of additional capital, loans and grants to the authority by the central gqvernment since ~ payment of additional capital, grants and loans to the authority will depend on the future requirements of the authority in the context of its development plans, the amount that may have to be incurred by the central government from the consolidated fund of india on this account cannot'be estimated at present however, on the basis of the provision inade in the fourth five year plan and the expenditure incurred in 1969-70 and likely to be 'incurred in 1970-71, an amount of rupees twenty-nine crores is ukely to be spent for the development of these airports during the subsequent years of the fourth plan 6 clause 23 (2) provides for the guarantee by the central government of the repayment of the principal and the payment of interest in respect of the loans borrowed by the authority under sub-clause (1) of that clause the ultimate liability arising out of such gt:arantee candot be estimated at this stage memorandum regaromc1 deugated legislationclause 36 of the' bill empowets·the centrid'govetmnent to make rule to carry out the purposes of ~ pr9p~sed legislation the various matters with respect to which rules may be made have been detailed in particular in sub-clause (2) of the clause and relate mainiy to the conditions of service of th~ chairman and other members of t~e authoriiy; the period of notice required to terminate the appointment of an~ memb~r who is required to' render' part-time service and who is not a'sej;"vant of the government, and the period of notice that may be given"' to th~central government by a member before he resigns his office; the conditio~-atld limitattonssubject :to which the ·authority may appoint oftlcers _andotheremployees;tbe;terms andcanditions'subjeet to which the non-recurring expenditureddcliirredby -the oedtrai 'governmeiat lor or in connection with the purposes oflanyairpo-rt,:shau be' tret'ted asihe capital provided by the central government to the authority; the manner in which the authority may invest its funds and the form in which the authority shall prepare its annual statement of accounts these are matters of detail and it is difficult to provide for these matters in the bill itself under sub-clause (3) of the clause, the rules made under the clause will be laid before parliament for its scrutiny 2 clause 37 of the bill empowers the authority to make regulations not inconsistent with the proposed legislation and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the legislation the various matters in 'relat!on to which the authority may make regulations have been detailed in particular in sub-clause (2) of the clause these matters inte alia relate to the times and places of the meetings of the authority and the procedure to be followed for the transaction of business at such meetings; the conditions of service and the remuneration of officers and other employees appointed by the authority; the storage or processing of goods in warehouses established by the authority, and preventing obstruction within the airport foor the normal functioning of the authority these matters are also of detail and it is difficult to provide for the same in the bill itself under sub-clause (2) of clause 38, no regulation made by the authority will have effect untn it has been approved by the central government 3 the delegation of legislative power proposed to be ~onferred on the central government and the authority under clauses 36 and 3'7 respectively of the bill is of a normal character (22 oj' 1984) - - - - - • (1) - - - - - 11"", otceatral gov-rnment tomaka rwa (2) without prejudice to the generality of the foregoing power, luch rulel may provide for--- - - - - (b) the licensing, inspection and regulation of aerodromes, the eonditiodii under which aerodromes may be maintained and the fees which may be charged thereat, and the 'prohibition or regulation of the uie of unlicensed aerodromes; - - - - - a bill to provide for the constitution of an authority for the mangement of certain aerodromes whereat international air transport services are operated or/are intended to be operated and for matters connected therewith dr karan singh, minister oj tourism and cifjil afjiation (paryatan aur n filar v imanan mant,,)	Parliament_bills	cf7a24fe-5a79-5172-bd14-a4a28b611c07
8iu no i~ of 1_ the appropriation (no3) bill, 1990 a billto authorise payment and appropr,iation of certain further bums from and out of the consolidated fund of india for the services of the financial year 1990-9l be it enacted by parliament in the forty-first year of the republic of india as follows:-1 this act may be called the appropriation (no3) act, 1990 short title 2 from and out of the consolidated fund of india there may be 5 paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of thlrty-seven crore and thirty-eight lakh rupees towards defraying the several charges which will come in course of payment during the financial year 1990-91, in respect of the services specified in column 2 of the schedule iuueof ra, 37, 38,00,000 outot the cond! dated fundot incua for the yea" 1 1 10 3 the sums authorised to be paid and applied from and out of the appro-consolidated fund of india by this act shall be appropriated for the prjatjon services and purposes expressed in the schedule in relation to the aid year \| 2 \| 3 \|\|-----------------\|-------------------------\|\| 1 \| \|\| sums \| \|\| not exceedinl \| \|\| services \| \|\| and \| \|\| purposes \| \|\| no \| \|\| of \| \|\| vote \| \|\| voted \| \|\| by \| \|\| parliament \| \|\| char,ed \| on \|\| the consoli- \| \|\| dated fund \| \|\| total \| \|\| 5 \| \|\| __ \| _________ \|\| i~----- \| \|\| _______ \| \|\| 1 \| ______ \|\| rs \| \|\| rs \| \|\| rs \| \|\| 20 \| \|\| department \| of \|\| revenue \| \|\| 33,00,000 \| \|\| 33,00,000 \| \|\| 22 \| ministry \|\| porests \| revenue \|\| s,oo,oo,ooo \| \|\| 5,00,00,000 \| \|\| 3,00,000 \| \|\| 2,00,000 \| \|\| 10 \| \|\| 2s \| \|\| currency, \| \|\| co1nale and \| \|\| stamps \| \|\| revenue \| \|\| 26 \| \|\| payments \| to \|\| financiallnhti- \| \|\| tutlods \| revenue \|\| 21,58,00,000 \| \|\| 21,s8,oo,ooo \| \|\| revenue \| \|\| 1,00,000 \| \|\| 34 \| department \|\| r,oo,ooo \| \|\| revenue \| \|\| 16,00,000 \| \|\| ~16,oo,ooo \| \|\| 36 \| indirect taxes \|\| capital \| \|\| 9s,oo,ooo \| \|\| 95,00,000 \| \|\| 44 \| pollee \|\| revenue \| \|\| 3,00,000 \| \|\| 47 \| department \|\| 3,00,000 \| \|\| 15 \| \|\| capital \| \|\| 1,00,000 \| \|\| 1,00,000 \| \|\| 71 \| \|\| roads \| \|\| 7s \| \|\| urban \| \|\| development \| and \|\| housing \| \|\| capital \| \|\| 2,13,00,000 \| \|\| 2,13,00,000 \| \|\| 7,07,00,000 \| \|\| 7,07,00,000 \| \|\| public works \| \|\| capital \| \|\| 76 \| \|\| 1,00,000 \| \|\| 1,00,000 \| \|\| ministry \| \|\| of \| water resources revenue \|\| 78 \| \|\| 83 \| j)cpartment \|\| lopment \| capital \|\| t \| \|\| ,00,000 , \| 1,00,000 \|\| 20 \| \|\| 86 \| \|\| rajya \| \|\| sabha \| revenue \|\| 1,00,0()() \| \|\| j1 \| \|\| 1,00,000 \| \|\| 6,00,000 \| 6,00,000 \|\| 90 \| delhi \|\| total \| \|\| 36,23,00,000 \| \|\| r,ls,do,dod \| \|\| 37,38,00,000 \| \| statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitu-~on of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made 1jy the lok sabha for expenditure of the central government, excluding railways, for the financial year 1990-91 madhu dandavate president's recommendation under article 117 uf the constitution of india[copy of letter no f4 (56) -b (sd) /90, dated the 16th august, 1990 from prof madhu dandavate minister of finance to the secretary-general, lok sabha] the president, having bleen informed of the subject matter of the proposed bill to authorise appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year ending on the 31st day of march, 1991, recommends the introduction of the appropriation (no3) bill, 1990 in lok sabha and also recommends to lok sabha the consideration of the bill under article 117 (1) and (3) of the constitution read with article 115 (2) thereof the bill will be introduced in lok sabha after all the supplementary demands for grants for 199()91 have been voted billto authorise payment and appropriation of certain further lums from and out of the consolidated fund of india for the services of the financial year 1990-511 (prof madhu dandcwate, minuter of fimne,>	Parliament_bills	c2b82467-2d3f-5dff-ae94-c831ef060b81
to be introduced in the rajya sabhaas introduced in the rajya sabha bill no xlviii of 2011 the citizenship (amendment) bill, 2011 a bill further to amend the citizenship act, 1955 be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the citizenship (amendment) act, 2011short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint557 of 1955amendment of section 22 in the citizenship act, 1955 (hereinafter referred to as the principal act), insection 2, for clause (ee), the following clause shall be substituted, namely:—'(ee) "overseas indian cardholder" means a person registered as an overseas indian cardholder by the central government under section 7a;"'3 in section 5 of the principal act, in sub-section (1),—10amendment of section 5(a) in clause (f), for the words "has been residing", the words "is ordinarilyresident" shall be substituted;(b) in clause (g), for the words "has been residing", the words "is ordinarilyresident" shall be substituted;(c) in explanation 1, after clause (ii), the following proviso shall be inserted, namely:— "provided that if the central government is satisfied that special circumstances exist, it may after recording such circumstances in writing, relax the period of twelve months specified in clause (i) for a period not exceeding thirty days"54 for sections 7a,7b,7c and 7d of the principal act, the following sections shall be substituted, namely:—substitution of new sections for sections 7a, 7b, 7c and 7d"7a the central government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas indian cardholder—10registration of overseas indian cardholder(a) any person of full age and capacity,—(i) who is a citizen of another country, but was a citizen of india at the time of, or at any time after, the commencement of the constitution; or(ii) who is a citizen of another country, but was eligible to become a citizen of india at the time of the commencement of the constitution; or15(iii) who is a citizen of another country, but belonged to a territory that became part of india after the 15th day of august, 1947; or(iv) who is a child or a grand-child or a great grand child of such a citizen; or20(b) a person, who is a minor child of a person mentioned in clause (a); or(c) a person, who is a minor child, and whose both parents are citizens of india or one of the parents is a citizen of india; or25 (d) such spouse of a citizen of india who is a citizen of another country where his or her marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section:provided that for the eligibility for registration as an overseas indian cardholder, such spouse shall be subjected to prior security clearance from a competent authority in india:3035conferment of rights on overseas indiancardholder4045provided further that no person, who is or had been a citizen of pakistan, bangladesh or such other country as the central government may, by notification in the official gazette, specify, shall be eligible for registration as an overseas indian cardholder 7b (1) notwithstanding anything contained in any other law for the time being in force, an overseas indian cardholder shall be entitled to such rights [other than the rights specified under sub-section (2)] as the central government may, by notification in the official gazette, specify in this behalf (2) an overseas indian cardholder shall not be entitled to the rights conferred on a citizen of india—(a) under article 16 of the constitution with regard to equality of opportunity in matters of public employment;(b) under article 58 of the constitution for election as president; (c) under article 66 of the constitution for election of vice-president; (d) under article 124 of the constitution for appointment as a judge of the supreme court;(e) under article 217 of the constitution for appointment as judge of the high court;43 of 1950(f) under section 16 of the representation of the people act, 1950 in regardto registration as a voter;43 of 19515(g) under sections 3 and 4 of the representation of the people act, 1951with regard to the eligibility for being a member of the house of the people or of the council of states, as the case may be;43 of 1951(h) under sections 5, 5a and 6 of the representation of the people act,1951 with regard to eligibility for being a member of the legislative assembly or a legislative council, as the case may be, of a state;10(i) for appointment to public services and posts in connection with affairsof the union or of any state except for appointment in such services and posts as the central government may, by special order, in that behalf specify(3) every notification issued under sub-section (1) shall be laid before each house of parliament15renunciation of overseas indian card7c (1) if any overseas indian cardholder of full age and capacity makes in prescribed manner a declaration renouncing the card registering him as an overseas indian cardholder, the declaration shall be registered by the central government, and upon such registration, that person shall cease to be an overseas indian cardholder (2) where a person ceases to be an overseas indian cardholder under subsection (1), every minor child of that person registered as an overseas indian cardholder shall thereupon cease to be an overseas indian cardholder207d the central government may, by order, cancel the registration granted under sub-section (1) of section 7a if it is satisfied that—cancellation of registration as overseas indian cardholder(a) the registration as an overseas indian cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or25(b) the overseas indian cardholder has shown disaffection towards theconstitution of india as by law established; or(c) the overseas indian cardholder has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or30(d) the overseas indian cardholder has, within five years after registration under sub-section (1) of section 7a has been sentenced to imprisonment for a term of not less than two years; or35(e) it is necessary so to do in the interest of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public; or(f) the marriage of an overseas indian cardholder, who has obtained such card under clause (d) of section 7a,—(i) has been dissolved by a competent court of law or otherwise; or40(ii) has not been dissolved but, during the subsistence of such marriage, he has solemnised marriage with any other person"5 in the third schedule to the principal act, in clause (c), the following proviso shall be inserted, namely:—amendment of third schedule45 "provided that if the central government is satisfied that special circumstances exist, it may, after recording such circumstances in writing, relax such period by a period not exceeding thirty days" statement of objects and reasonsthe citizenship act, 1955 (the citizenship act) provides for the acquisition and determination of indian citizenship, after the commencement of the constitution by birth, descent, registration, naturalisation and citizenship by incorporation of territory and for renunciation, termination and deprevation of citizenship under certain circumstances2 the citizenship act has been amended, from time to time, inter alia, making enabling provisions for registration of overseas citizens of india, conferment of certain rights on such citizens, renunciation of overseas citizenship and cencellation of registration as overseas citizen of india3 the proposed amendments to the citizenship act are required due to certain lacunae that were noticed during its implementation and review of provisions relating to overseas citizen of india the proposed amendments, inter alia, provide for—(a) substitution of clause (ee) of section 2 of the citizenship act to replace the expression "overseas citizen of india" with the expression "overseas indian cardholder" and to define the same;(b) amendment of section 5 of the citizenship act so as to bring within its scope the person "who is ordinarily resident" instead of the person "who has been residing" in india for the period specified in clauses (f) and (g) of sub-section (1) of that section;(c) substitution of sections 7a, 7b and 7c of the citizenship act to, inter alia, provide for registration of—(i) persons as "overseas indian cardholder" instead of registration of"overseas citizen of india";(ii) a person, who is a minor child, and whose both parents are citizens of india or one of the parents is a citizen of india;(iii) such spouse of a citizen of india who is a citizen of another country where his or her marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application; (d) substitution of section 7d of the citizenship act to, inter alia, provide for cancellation of registration as overseas indian cardholder if the marriage of an overseas indian cardholder, who has obtained such card under clause (d) of section 7a,—(i) has been dissolved by a competent court of law or otherwise; or (ii) has not been dissolved but during the subsistence of such marriage, he or she has solemnised marriage with any other person; (e) insertion of a proviso to clause (c) of the third schedule to the citizenship act to empower the central government to relax the period of twelve months as resident in india or in the service of a government in india specified as one of the qualifications for grant of certificate of naturalisation by a period not exceeding thirty days in special circumstances 4 the bill seeks to achieve the above objectivesnew delhi;p chidambaramthe 7th september, 2011 annexure extracts from the citizenship act, 1955 (57 of 1955) interpretation2 (1) in this act, unless the context otherwise requires,—(a) (ee) "overseas citizen of india" means a person registered as an overseas citizens of india by the central government under section 7a; citizenship by registration5 (1) subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the central government may, on an application made in this behalf, register as a citizen of india any person not being an illegal migrant who is not already such citizen by virtue of the constitution or of any other provision of this act if he belongs to any of the following categories, namely:—(a) (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent india, and has been residing in india for one year immediately before making an application for registration;(g) a person of full age and capacity who has been registered as an overseas citizen of india for five years, and who has been residing in india for one year before making an application for registration explanation 1— for the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in india if—(i) he has resident in india throughout the period of twelve months immediately before making an application for registration; and (ii) he has resided in india during the eight years immediately preceding the said period of twelve months for a period of not less than six years 7a the central government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizens of india—registration of overseas citizens of india(a) any person of full age and capacity,—(i) who is citizen of another country, but was a citizen of india as the time of , or at any time after, the commencement of the constitution; or(ii) who is citizen of another country, but was eligible to become a citizen of india at the time of the commencement of the constitution; or(iii) who is citizen of another country, but belonged to a territory that became part of india after the 15th day of august, 1947; or(iv) who is a child or a grand-child of such a citizen; or(b) a person, who is a minor child of a person mentioned in clause (a):provided that no person, who is or had been citizen of pakistan, bangladesh or such other country as the central government may, by notification in the official gazette, specify, shall be eligible for registration as an overseas citizen of india7b (1) notwithstanding anything contained in any other law for the time being in force, an overseas citizen of india shall be entitled to such rights [other than the rights specified under sub-section (2) ] as the central government may, by notification in the official gazette, specify in this behalfconferment rights on overseas citizens of india(2) an overseas citizen of india shall not be entitled to the rights conferred on a citizen of india—(a) under article 16 of the constitution with regard to equality of opportunity in matters of public employment;(b) under article 58 of the constitution for election as president; (c) under article 66 of the constitution for election of vice-president; (d) under article 124 of the constitution for appointment as a judge of the supreme court;(e) under article 217 of the constitution for appointment as a judge of the high court;43 of 1950(f) under section 16 of the representation of the people act, 1950 with regard to registration as a voter;43 of 1951(g) under sections 3 and 4 of the representation of the people act, 1951 with regard to the eligibility for being a member of the house of the people or of the council of states, as the case may be;43 of 1951(h) under sections 5, 5a and 6 of the representation of the people act, 1951 with regard to the eligibility for being a member of the legislative assembly or a legislative council, as the case may be, of a state;(i) for appointment to public services and posts in connection with the affairs of the union or of any state except for appointment in such services and posts as the central government may, by special order in that behalf, specify (3) every notification issued under sub-section (1) shall be laid before each house of parliamentrenunciation of overseas citizenship7c (1) if any overseas citizen of india of full age and capacity makes in the prescribed manner a declaration renouncing his overseas citizenship of india, the declaration shall be registered by the central government, and upon such registration, that person shall cease to be an overseas citizen of india(2) where a person ceases to be an overseas citizen of india under sub-section (1), every minor child of that person registered as an overseas citizen of india, shall thereupon cease to be an overseas citizen of india7d (1) the central government may, by order, cancel the registration granted under sub-section (1) of section 7a if it is satisfied that—(a) the registration as an overseas citizen of india was obtained by means of fraud, false representation or the concealment of any material fact; or cancellation or registration as overseas citizen of india(b) the overseas citizen of india has shown disaffection towards the constitution of india as by law established; or(c) the overseas citizen of india has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or(d) the overseas citizen of india has, within five years after registration under sub-section (1) of section 7a has been sentenced to imprisonment for a term of not less than two years; or(e) it is necessary so to do in the interest of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public ———— a billfurther to amend the citizenship act, 1955————(shri p chidambaram, minister of home affairs)gmgipmrnd—1878rs(s3)—07-09-2011	Parliament_bills	183a0004-fbec-57d0-85fc-ef31c0a26a9d
bui no as of 1176 - i' ; nm constitution (forty-third amendment) bill, 1976 a billfurthet to amend the constitution of incija be it enacted by parliament in the twenty-seventh year of the shart republic of india as follows: -title 1 this act may be called the constitution (forty-third amendment) act, 1976 amendmenta! article 316 statement of objects and reasonsarticle 316 (2) of the constitution provides that the chairman and members of a state public service commission or joint commission shall retire at 60 or hold office for a term of six years from the elate on which they enter service, whichever is earlier this was the position when the constitution came into f<lrce subsequently, while the age of retirement of the high court judges was raised to 62, that of the chainnan and the members of the state public service commissions remained unchanged the same article provides that one-half of the members of every public service commission shall be employees of the government of india or the government of a state the age of retirement of government employees was 55 originally but was later raised to 58 in the case of all-india services, central government servants and the government servants of several states membership of the commission is no attraction, therefore, to them, as they will have only two years to serve on the commission which position is not desirable from the point 01 view of the efficient functionin'g of the commission academicians like university professors are eligible for appointment to the state public service commissions the age of retirement of university professors has been recently raised to 60 it will not be attractive for these academicians to serve on a public service commission if the age of retirement remains sixty the chairman/members of a state public service commission are forbidden to serve unc\er the government of india or a state government after retirement consequently, no eminent academician will be eager to accept appointment on the commission unless the age of retirement is raised to 62 '; " , ! ! i ~ the proposal is to raise the age of retirement of the c,hairman and members' of the state public service commissions to 62 the bill "seeks to give effect to this proposal ' new delhi; om mehta the 18th august, 1976 j ',,' 316 (1) - - - - appointment mel term of office of members (2) a member of a public service commission shall hold office for 8 term of six years from the date on which he enters upon his office or until he attains, in the case of the union commission, the age of sixty-five years, and in the case of a state commission or a joint commission, the age of sixty year!:, whichever is earlier: provided that-(a) a member of a public service commission may, by writing under his hand addressed, in the case of the union commission or a joint commission, to the president, and in the case of a state commission, to the governor of the state, resign his office; (b) a member of a public service commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317 - ( - - - further to amend the constitution of india (shri om meht4, minuter of state in the m in'ist", of home affairs, department of personnel and administra-tive reforms and depa1't-ment €if parlulmenta1"jl ai"'''')	Parliament_bills	1fdf80f6-e832-531a-949b-85f8d053a79e
bill no 145 of 1180 the delhi rent control (amendment) bill, i980 a billfurther to amend the delhi rent control act, 1958 be it enacted by parliament in the thirty-first year of the republic of india as follows: - 1 this act may be called the delhi rent control (amendment) act, short 1980 title 59 of 1958 the principal act), after section 3'8, the following sections shall be inserted, namely:-5 2 in the delhi rent control act, 1958 (hereinafter referred to as insertion of new sections 38aand 38b ic additional rent control tribunals '''38a (1) for the expeditious disposal of appeals and applications under section 38, the central government may, by notification in the official gazette, constitute as many additional rent control tribunals as it deems fit and appoint to each such additional rent control tribunal (hereinafter referred to as the additional tribunal) one person qualified for appointment to the tribunal in accordance with the provisions of sub-section (5) of that section is (2) notwithstanding anything contained in section 38, the tril:7unal may, by order in writing,-(a) specify the appeals or classes of appeals under subsection (1) of that section which may be preferred to and disposed of by each additional tribunal and the classes of cues in which each additional tribunal may exercise the powers of the tribunal under sub-section (4) of that section; (b) 4"~ uy appeal or proceeding pending before it tor disposal to any additional tribunal; or (c) withdraw any appeal or proceeding pending before any additional tribunal and dispose it of itself or transfer the appeal or proceeding for' disposal to any other additional 5 tribunal (3) the provisions of sub-sections (2) and (3) of section 38 shall apply in relation to an additional tribunal as they apply' in relation to the tribunal 38b the high co'ul't may also, on an application made to it or 10 otherwise, by order, transfer-(a) any appeal or proceeding pending before the tribunal to any additional tribunal; or \| power \|\|----------\|\| high \|\| court \|\| to \|\| transfer \|\| appeals, \|\| etc \|(b) any appeal or proceeding pending before any additional tribunal to the tribunal or to any other additional tribunal" 15 3 in sections 39 and 40 of the principal act, for the words "the tribunal", at each place where they occur, the words "the tribunal or an additional tribunal" shall be substituted amendmentof sections 39 and 40 l k secti(u) s6 at the principal act, for sub-section (3), the following sub-section shall be substituted, namely:-20 amendmental section 56 h - "(3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total peried of thirty days which may be comprised in one session or in two or more sueceuive sessions, and if, before the expiry of the session immediately following the 25 aes~ or the suoce&&ive sessions aforel8id, both houses agree 'in making any modification in the rule or both houles agree that the rule should not be made, the rule shall thereafter have effect only in lucl1 modified form or be of no eflect, as the cate may be; so, how-ever, that any such modification or annulment shall be without 30 prejudice to the validity of anything previously done under that nuie section 38 of the delhi rent control act, 1958 deflls with the app~ls to the !tent control tribunal it pro\1ides for a" single rent c'pritf9~ tribunal otmsisting of otle person only to be, appointed by t~ec'erittal govemment by n-otiftcation in the oftlc1algazette:· ttiere is !i(5~rovfsioil' for appointment of additiollm rentc6ntrof ttibunaja; , '" ' " - , i 2 the delhi high court has reported that' one rent control tribunal is not able to cope with appeals arising out of orders passa!'b'y' tti~ ~' rent controllers and additional rent controllers in janual"y, 1973, there were 900 appeals pending in the tribunal this number has gone up to 1605 as on 1st january, 1979 it is, therefore, proposed to amend the said act so as to make provisions for appointment of additional rent control ttibunals 3 opportunity is being availed of to amend the provision relating to the laying of rules before parliament to give effect to the recommendations of the committees on subordinate legislati'on of the houses of parliament 4 the bill seeks to achieve the above objects new delhi; p c sethi the 23rd july, 1980 clause 2 of the bill seeks to provide for the appointment of additional rent control tribunals for dealing with ever increasing number of appeals arising out of the orders of the rent controllers and additional rent controllers at delhi the existing district and sessions judges at delhi will be appointed as additional rent control tribunals and as such, no additional expenditure, either recurring or non-recurring, is involved (59 or 1958) - , - - e second appeal 31 (1') subject to the provisions of sub-section (2), an appeal shall lie to the high court from an order made by the tribunal within sixty days from the date of such order: provided that the high court may entertain the appeal after the expiry of the said period of sixty days, if it is satided that the appellent was prevented by sufficient cause from 1uing the appeal in time (2) no appeal shall lie under sub-8ection (1) i unless the appeal involves some substantial question of law amendment of orders clerical or arithmetical mistakes in any order passed by a c0n-troller or the tribunal or errors arising therem from any accidental slip or omission may, at any time, ee corrected by the controller or the tribunal on an application received in this behalf from any of the parties or otherwise " - - - ii (1) e e' - - power to make rules (3) all rules made udder' this section shall be laid for not leu thad tmrty days before each house of parliament as soon as poulble after they are made and &hall be subject to such modifteatlolls as pw)i'ldfiilt may make d\lring the seaion in whicll they are so laid or the 8eiiiion immedjately following ,, - - - - i":' 'c, ','" - a !«;dqq,,: \~; n(lii~-(i:h !r· "oc, hi ~rl j! l:>',;lldu~ \\,1 • ~~' ,nubh ' ir:::1j:cllt' )(/1 ','~i -6,i)(jl 'i~hlll ;~~; 'll~'; huo~i r\'rlu "fb'~l ~h ,'''',v' i'i'i>j" f" :j~i!<h ,r\1 ot011 , <;'(i';{) "!i",i n~ '!(1;;y, ;;,~ ~,l,n·d ,!",' : • '~q'f~ ov1 (~',i ~"": ;!~,'! ,,,l,~, ,j ~r~;trtf~~rlt;" ~~rt_ ',-:, ?';)'/!\_~\;ttt ~· "~~n'·i~;l,/1 :jr~; (1 ti'·}1:·',1"z1(j~ , j:$:"\l~ io i-(),rf: !1,)i8aimf1 ·!ti{r~~,~' ;:x;:,,q :jct , "::\1> )\ 'i:)" "ithliu;': n',c th:r,i:'jj\u:',\ 1",; '10 i4nudht "'7\ 'r"~'o v:' fether to adrdd the deliu rent codtroj act, 18 ij ~~'a '~1l £01 1 • ','1 'j'; !'!\!~ ,n!h~:: ;,;,,1 l~h1i,; '~"tailll ~;jl>:'1 lta (f/ " 9tdi o-",1k{ ;:,~ (,r,o, :'fi :i·):,llh~,rr 10 ',::"ml{ d:>':"'11cl",j ?:t~'i'" yhi,;l 'i:iiibr>'i ,:l ;~(lllul"ji1:ijofj! ·h'j;;' )f'·~i,dh{; o':i:t,;((: lilh', ~b"m ''l~ v:::,,)1 ",~,~ c<lico ,) bi&l ,"! <")r '1~,ch ihidw "',,<',",'lr,)~~ 'ttlt /tctr1",b ~:lijim '(am ,gci'4f1ff>:· v!1tj6d''fimmi (shri p c sew, ji, of worjca cmci houiitag)	Parliament_bills	3dcc877a-8666-56d7-b318-3214ffdc9cfd
as introduced in lok sabha bill no 75 of 2015 the representation of the people (amendment) bill, 2015 byshri baijayant panda, mp a billfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called representation of people (amendment) act, 2015short title and commencement43 of 19512 for section 70 of the representation of the people act, 1951, the following section shall be substituted, namely:—substitution of new section for section 70"70 if a person is elected to more than one seat in either house of parliament or in the house or in either house of the legislature of a state, then,—5election to more than one seat in either house of parliament or in the house or either house of the legislature of a state(a) if he, within the prescribed time, does not resign from all, except one of the seats, by writing under his hand addressed to the speaker or chairman, as the case may be, or to such authority or officer as may be prescribed, his election to all the seats shall be deemed to be void and, in such a situation, the election commission shall declare the runner-up candidates to be elected from such seats; and10(b) if he, within the prescribed time, resigns from all, except one seat, by writing under his hand addressed to the speaker or chairman, as the case may be, or to such authority or officer as may be prescribed, the election commission shall declare the runner-up candidates of such resigned seats, to be elected'' statement of objects and reasonsthe representation of the people act, 1951 provides for the conduct of elections to the houses of parliament and to the houses of legislature of each state section 33 of the act allows candidates to contest elections from up to two seats in either house of parliament and either house of the state legislature section 70 of the act provides that in the event that a candidate is declared elected from both seats in either house of parliament and/or either house of the legislature of a state, he or she has to resign from all except one seat, which in effect triggers bye-electionsthis provision is often used as safety-net to ensure electoral success more often than not, election of a candidate from more than one seat necessitates bye-elections the exchequer has to bear additional cost of conducting these bye-elections more importantly, the resignation of the elected candidate from all but one seat significantly affects the public moralethe bill, therefore, seeks to amend the representation of people act, 1951 with a view to provide that if a candidate is elected to more than one seat in either house of parliament or in the house or either house of legislature of a state and resigns from all, except one seat, the candidates securing the second highest number of votes from such resigned seats shall be declared elected in the event, he does not resign from any of the elected seats, his election to all the elected seats shall be void and the candidates securing the second highest votes shall be declared elected from such seatsthe bill indirectly penalises political parties which use this provision as political insurance and at the same time seeks to prevent an additional burden on the exchequer by mitigating resultant bye-elections in effect, the bill imposes costs on political parties for taking undue advantage of the law to their benefit and, as such, is an attempt to dis-incentivise political parties from manoeuvring the system to their benefithence this billnovember 11, 2014 annexure extract from the representation of the people act, 1951 (act no 43 of 1951) 70 if a person is elected to more than one seat in either house of parliament or in the house or either house of the legislature of a state, then, unless within the prescribed time he resigns all but one of the seats by writing under his hand addressed to the speaker or chairman, as the case may be, or to such other authority or officer as may be prescribed, all the seats shall become vacanteelection to more than one seat in either house of parliament or in the house or either house of the legislature of a state ———— a billfurther to amend the representation of the people act, 1951————(shri baijayant panda, mp)gmgipmrnd—4334ls(s3)—05-03-2015	Parliament_bills	dc59ccdd-32b7-5745-86ac-13632bc127e9
bill no 110 of 1880 - • thl£ assam state legislature (delegation of powers) bill, 1980 a billto confer on the president the power of the legislature of the state of assam to make laws be it enacted by parliament in the thirty-first year of the re:;lublic of india as follows:-i this act may be called the assam state legislature (delegation of short powers) act, 1980 title defini tion 5 2 in this act, "proclamation" means the proclamation issued on the 12th day of december, 1979 under article 356 of the constitution, by the president, and published with the notification of the government of india in the ministry of home affairs, no gsr 688(e) of the said date 3 (1) the power of the legislature of the state of assam to make j 0 laws, which has been declared by the proclamat:on to be exercisable by or under the authority of parliament, is hereby conferred on the president (2) in the exercise of the sad power, the president may, from time to time, whether parliament is or is not in session, enact, as ii president's l) act, a bill containing such provisions as he considers necessary: conter ment on the presi dertof the power of the state lelisla ture to make lawi provided that before enading any sucb ad, the president sbau, whenever he considers it practicable to do so, c'odsuit a committee eonstituted for the purpose, consisting of thirty members of the house of the people nominated by the speaker add meed memben of the cowdl 20 of states nominated by the chairman , ~ (3) every act enacted by the president under sub-sectidn· (2)' shall, as soon as may be after enactment, be laid before each howe of parliament (4) either house of parliament may, by resolution passed within thirty days from the date on which the act has been laid before it under 5 subsection (3), which period may be (!omprised in one jession or in two successive sessions, direct any modifications to be made in the act and if the modifications are agreed to by the other house of parliament during the session in which the act has been so laid before it or the session succeeding, such modifications shall be given effect to by the president i 0 by enacting an amending act under sub-section (2): provided that nothing in this sub-section shall affect the validity of the act or of any action taken thereunder before it is so amended "'~ ::1incie&! ~rtdll~tim~~ t~ g,il'"dltn jithtbtamber, ~! ~ :powcsof >tm ~slan'" f)f thtf is''1lei_~~iliie''ftow''i_er'\ ciiiaq,l~ by ol'-bnder1the -tborit, ef parj:;amtnt ~tlfris1atift,1ne88ures 'asmay hecnerl8lsal'y '-ihatstme catt,be tltk'up'by~diememtoll:l1 by ':pi'8'pnl itsomiimlsfrand·evfttrtbell, ,it ''b ukely; ~1p1rtiameftt may ~'hav,time te deal with all t~atiiye-rneu ,fortae'state"lt is, r ~~",, p:!bpeaedti'iilt'parliament,_euld;ia - -nee :wltll·,tm·pro-"yili~, ~8u})clau~r <a) :afr ,dense' (1) cjf'i~e' ~ _ute coaeiltutian, confer by law on the president the f;)ower of the legislature of ~state of ass/ilm to make laws for the state the present bill is intende d to give effect to this proposal litew oel1u; the 21st june, 1980 zail singh ~ , l1he proviso to sub-clause (2) of clause 3 of the bill providel for the ·:onpiiutioil of a committee :fer conwultation· reprdlngi prelldedts acta, eenaisting of 80 members of the house of the people and 15 :~nq)ets of tom' council of· states expenses to be incurred in eonnection:' ~th the meetings oi ti1e consultative 'committee would ~met':frointhe con-, sohdatedfund6f india this cottlmttt;eei will meet '85 and'wbed iil!1cessary ·the expenditure is not ~ted to be large and is not likely to elrc!eed rs 2 lakhs during the period in which'the procibmattotr'lft1l1 be m:i6rce tbebili, if enacted, will not involve any non·recurring expen-i, ditute " ' 1 i' , the power of the legislature of the state of assam to make laws, which has been declared by the proclamation issued under article 356 of the constitution in respect of that state on the 12th day of december, 1979, to be exercisable by or under the authority of parliament, is sought to be conferred on the president under article 357 (1) (a) of the constitution before exercising the aforesaid power, the president is required, whenever he considers it practicable to do so, to consult a committee of members of parliament constituted for the purpose in accordance with the provisions of the proviso to sub-clause (2) of clause 3 any act enacted by the president in exercise of the aforesaid power is required to be laid before each house of parliament and parliament may direct modifications to be made in the act [vide sub-clauses (3) and (4) of clause 3] the delegation of legislative power is in pursuance of the express provision in this behalf in article 357 (1) (a) of the constitution and is necessary as it will not be easy for parliament to find time to deal with the various legislative measures that may be required in respect of the state of assam under the exceptional circumstances arising out of the issue of a proclamation under article 356 of the constitution, this delegation of legislative power is limited to the period when the aforesaid proclamation dated 12th december 1979, will continue to be in force to the extent that it has been usual for parliament to confer on the president such legislative power it can be regarded as of a normal character 1 ,-i a billto confer on the president the power of the legislature of the ~te bf assam to make laws (giani zclil singh, m",,,"r of home affair • )	Parliament_bills	3211a70c-ce48-5f62-8c28-0adab901f8db
bill no 21 of 2009 the constitution (amendment) bill, 2009 byshri arjun meghwal, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2009"17 rajasthani" statement of objects and reasonsrajasthani is a language or language cluster of the indo-aryan languages familyrajasthani language is a very old and rich language which is spoken widely in many parts of the country especially in the states of rajasthan, madhya pradesh, haryana, gujarat, punjab and in some adjacent bordering areas of pakistan it is estimated that around thirty-six million people speak this language in the state of rajasthan alone as per census of india—2001 on the other hand if we take into consideration the number of speakers of this language all over the world including the state of rajasthan, the number of 'rajasthani' speakers may touch the eighty million mark world wide the language has its own history, literature and eminent scholars this language is taught in many schools, colleges and universities apart from this, rajasthani 'lok-geet' has its own importance and is famous all over the worldrajasthani language has got its own importance through the various efforts made by the scholars and others in 1908, a scholar george abraham grierson first gave the name 'rajasthani' to the language, which was earlier known through its various dialectsbecause of the efforts of various scholars, today, the sahitya akademi which is india's national academy of letters and the university grant commission has recognized it as a distinct language it is also taught in the university of jodhpur and udaipur the board of secondary education, rajasthan included 'rajasthani' in the courses of study and it has been included as an optional subject since 1973 since 1947, several movements have also been going on in rajasthan to give this language the recognition it deserves however, unfortunately, this rich language has not yet got due recognitionthus, considering the above facts, it is proposed in the bill that the rajasthani language be included in the eighth schedule to the constitutionnew delhi;arjun meghwaljune 10, 2009 annexure extract from the constitution of india eighth schedule[articles 344(1) and 351] languages1 assamese 2 bengali 3 bodo 4 dogri 5 gujarati 6 hindi 7 kannada 8 kashmiri 9 konkani10 maithili 11 malayalam 12 manipuri 13 marathi 14 nepali 15 oriya 16 punjabi 17 sanskrit18 santhali 19 sindhi 20 tamil 21 telugu 22 urdu lok sabha———— a billfurther to amend the constitution of india————(shri arjun meghwal, mp)gmgipmrnd—2240ls(s5)—24-06-2009	Parliament_bills	161e9f49-cd3b-5a0f-ac76-af0be7ecd599
bill no 81 of 2014 the constitution (amendment) bill, 2014 byshri shailesh kumar (bulo mandal), mp a billfurther to amend the constitution of india be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20142 in article 171 of the constitution,—amendment of article 1715(i) in clause (3), in sub-clause (c), the words "not lower in standard than that of a secondary school," shall be omitted; and(ii) after clause (3), the following clause shall be inserted, namely:—"(3a) any law made by parliament under sub-clause (c), before the coming into force of the constitution (amendment) act, 2014 shall, to the extent that such law bars educational institutions lower in standard than that of a secondary school, be void" statement of objects and reasonslegislative councils exist in the states of andhra pradesh, bihar, uttar pradesh, maharashtra, karnataka and jammu and kashmir according to article 171 of the constitution, teachers of higher secondary schools and colleges only are eligible to vote in elections to the legislative councils of those states it is ironical that the teachers of primary schools have been denied this privilege inspite of the fact that the number of primary schools in the country is very large and the number of teachers in such schools is also equally large moreover, the teachers of primary schools play a crucial role in moulding the future of the country by instilling good values in children when our constitution was being drafted, the number of government primary schools were very few in number that may be the reason for non-inclusion of teachers of primary schools as electors of legislative councilstherefore, the bill seeks to amend the constitution with a view to enable a large number of primary school teachers to vote in elections to legislative councils alongwith the teachers of higher secondary schools and colleges in order to give them a voice in elections to legislative councils the demand for the same is going on for a long time and it is high time that such a legislation is brought forthhence this billnew delhi;shailesh kumar (bulo mandal)july 4, 2014 annexure extract from the constitution of indiacomposition of the legislative councils171 (1)(2) (3) of the total number of members of the legislative council of a state—(a) (b) (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by parliament; ———— a billfurther to amend the constitution of india————[shri shailesh kumar (bulo mandal), mp]gmgipmrnd—1423ls(s3)—30072014	Parliament_bills	b2fc61b3-30ed-5750-ad82-9620a06de5a4
bill no 103 of 2017 the distressed widows and single women (protection, rehabilitation and welfare) bill, 2017 by shri nishikant dubey, mp a billto provide for the protective measures with need based rehabilitation and welfare to beundertaken by the government for the distressed, infirm, neglected, abandoned anddisowned widows and single women by providing financial assistance, pension,medical care, housing and other facilities through a welfare board to suchwidows and single women and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the distressed widows and single women (protection, rehabilitation and welfare) act, 20175(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—10(a) "abandoned and disowned widow" means a widow who has been desertedor thrown out of household by her relatives to fend for herself and who has no means to support her and her dependent children, if any;(b) "appropriate government" means in the case of a state the government of that state and in all other cases, the central government;(c) "board" means the distressed widows and single women welfare board established under section 3;5(d) "distressed" in relation to a widow and single woman means any widow or single woman who lives uncared for and has become inform due to old age or chronic or incurable disease, physical deformity or mental imbalance and who has no independent and adequate means of livelihood for her and her dependent children, if any;10(e) "prescribed" means prescribed by rules made under this act; (f) "single woman" means a female adult who is either unmarried or divorcee or judicially separated from her spouse; and(g) "widow" means a legally married women whose husband has died153 (1) the central government, shall, as soon as may be, but not later than six months from the commencement of this act, by notification in the official gazette, establish a board to be known as the distressed widows and single women welfare board for carrying out the purposes of this actestablishment of the distressed widows and single women welfare board20(2) the board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued(3) the headquarter of the board shall be at aurangabad in the state of maharashtra and the board shall establish its branches in all other states and union territories at conspicuous places as the board may deem fit and necessary(4) the board shall consist of—25(a) the union minister of women and child development who shall be the chairperson ex-officio;(b) a deputy chairperson, preferably a woman with such qualifications and experience, as may be prescribed, to be appointed by the central government;30(c) one member representing single women with such qualification, as may be prescribed, to be appointed by the central government;(d) five women members of parliament of whom three shall be from the house of the people and two from the council of states, to be nominated by the respective presiding officers of each house;35(e) five members representing union ministries of home affairs, human resource development, health and family welfare, finance and social justice and empowerment;(f) not more than four members to be appointed by the central government in consultation with the governments of the states, by rotation in alphabetical order, to represent the governments of the states;40(g) three members to be appointed by the central government from amongst the registered non-governmental organisations (ngos) working for the welfare of distrressed widows or single women, as the case may be (5) the salary and allowances payable to, and other terms and conditions of the deputy chairperson and members of the board shall be such as may be prescribed45(6) the board shall follow such procedure for holding its meetings and the quorum for such meetings shall be such, as may be prescribed(7) the board shall have a secretariat consisting of a member secretary and such number of officers, and employees may be prescribed(8) the salary and allowances payable to, and other terms and conditions of service of member secretary, officers and employees shall be such as may be prescribed5functions of the board4 (1) notwithstanding anything contrary contained in any other law for the time being in force, the board shall promote and implement such protective and welfare measures as it thinks appropriate, expedient, and necessary including rehabilitation for the distressed widows and single women who are in dire need of such measures10(2) without prejudice to the generality of the provisions of sub-section (1), the board shall,—(a) maintain district-wise register of the abandoned, disowned and distressed widows and single women covered under this act who are to be rehabilitated and are in need of assistance from the board with such particulars and details and in such manner as may be prescribed;15(b) collect and get verified the antecedents of every widow and single womancovered under this act to assess her need for assistance in such manner as may be prescribed;20(c) work out plans and formulate schemes for the overall welfare and rehabilitation of abandoned, disowned or distressed widows and single women covered under this act and implement them in right earnest;25(d) conduct a special survey of the abandoned and disowned widows subsisting on alms as beggar or chanting bhajans in the temples of mathura, vrindavan and other parts of the state uttar pradesh and other parts of the country or who are languishing in temples as devdasis in various parts of the country and formulate appropriate rehabilitation and reuniting with their families programmes for such widows and single women in such manner as may be prescribed;(e) give wide publicity through electronic and print media about the welfare and rehabilitation measures being undertaken by the board to enable the widows and single women covered under this act to avail them; and30(f) perform such other functions not inconsistent with the provisions of this act, as may be assigned to it by the appropriate government from time to time355 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the national distressed widows and single women rehabilitation and welfare fund with an initial corpus of rupees fifty thousand crore for carrying out the purposes of this act(2) the fund shall be administered by the board in such manner as may be prescribedconstitution of national distressed widows and single women rehabilitation and welfare fund(3) the fund established under sub-section (1) shall consist of all receipts from—(a) the central government and governments of the states and union territories and their institutions and organisations;40(b) body corporates, both public and private sector and banks and financialinstitutions both domestic and foreign; and(c) individuals, associations and others in the form of contributions or donations456 (1) ) on the recommendation of the board or otherwise, the appropriate government shall provide the wodows and single women covered under this act, the following facilities, namely:—facilities to be provided by the appropriate government(a) monthly subsistence allowance of not less than five thousand rupees if the widow or the single women, as the case may be, is having any dependent children and not less than three thousand rupees in case she has no dependent children to support;(b) residential accommodation free of cost wherever necessary;(c) free medical care with medicines and with indoor and outdoor facilities as may be required;5(d) free education to the dependent children including higher, medical, engineering and education in such manner as may be prescribed;(e) gainful employment as per the physical condition after imparting vocational training wherever possible;(f) financial assistance for rehabilitation like self employment wherever required;10(g) free legal aid in case the widow or single women, as the case may be, has been thrown out or abandoned by her kith and kin; and(h) such other facilities, as may be necessary for the rehabilitation, welfare, proper development, regaining her lost status in the family and for maintaining a respectable life in the society:15provided that if, a widow or single woman, as the case may be, covered under this act either gets married, remarried, gainfully employed or taken back by her kith and kin in the family, the facilities being provided to her shall be withdrawn by the appropriate government20(2) the costs incurred by the appropriate government on providing the facilities under this act to the widows and single women covered under this act shall be defrayed from the rehabilitation and welfare fund established under section 5protective provisions7 notwithstanding anything contained in any other law, for the time being in force or in any custom prevelant any widow or single woman covered under this act shall,—25(a) not be evicted or thrown out of the house of the in-laws or parents, as thecase may be or where such widow or single woman was last residing;(b) be entitled to inherit the property or her share of jointly owned property fromher in-laws or parents, as the case may be; or(c) be entitled for maintenance from her in-laws or kith or kin who neglect orabandon the widow or single woman, as the case may be30establishment of hostels8 (1) the appropriate government shall establish such number of hostels atconspicuous places in various parts of its territorial jurisdiction as it may deem necessaryfor boarding and lodging of abandoned and disowned and distressed widows and single women covered under this act with necessary facilities of daily life as may be prescribed35(2) the appropriate government shall also provide necessary free medical aid and medicines and means of entertainment for the residents of the hostels established under sub-section (1)9 the central government shall, after due appropriation made by parliament by lawin this behalf, provide the requisite funds to the state government, union territories and the board from time to time for carrying out the purposes of this act40central government to provide requisite fundsannual report to the board10 the board shall prepare an annual report in such form and in such manner, as maybe prescribed, of its activities in implementing the provisions of this act and submit it to the president of india who shall cause the report to be laid before both the the houses of parliament along with action taken thereon by the central government as soon as it is received45power to remove difficulty11 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after expiry of a period of three years fromthe date of commencement of this act50act to have overriding effect12 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force513 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being applicable to the widows and single women covered under this actact to supplement other lawspower to make rules14 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act1015(2) every rule made under this act shall be laid as soon as may be after it is made beforeeach house of the state legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that they should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule statement of objects and reasonsin our country, world's second most populous nation, there are millions of unfortunate and hapless women who lose their husbands during their lifetime and become widows their number is nearly three per cent of the total population of our nation and more than fifty per cent of these widows are old, infirm suffering from various diseases, physical deformity or mental imbalance particularly belonging to poor and middle class families who live uncared for and neglected by their near and dear ones and most of them are without independent and adequate means of livelihood and roof over their heads it is very common that when a widow does not have any permanent source of income or livelihood she is driven out of her in-laws home or even from her perental home her position becomes more miserable if she has dependent children to support and bring up sometimes the condition of such widows become miserable and their problems increase manifold due to poverty and other compelling reasons where they have no other option but to go for begging for survival and many such widown can be seen begging in the streets and public places several women who become widows in their youth, in particular in rural and far off areas, are not only sexually exploited by their known ones and many a times forced into prostitution at some places they are branded as witches and tortured even by their own kith and kin or others from the community in our society even today they are treated as bad women and are not allowed to attend or appear during auspicious occasions many of such widows work as housemaids and take up other jobs for survival large number of abandoned and disowned widows seek refuge in the temples of mathura, vrindavan in uttar pradesh and other parts of the country where they chant bhajans or beg for their survival even devadasi system is still prevalent in some parts of the country where hapless old and inform devadasis languish in the temples many widows take shelter in old age homes but their number is lawfully very short then there are quite a large number of single women in our country some of them opt for not to marry because they have to support their families for various reasons such as to educate their siblings or for supporting families as there are no male bread earners or for the treatment of ailing parents etc etc it is very common that such women are deserted by their siblings once they get their education and settle in their lives since they spend their earnings on others, they become penniless in their old age, particularly if they where employed in private sector then there are those single women who are either deserted by their husbands or who are legally separated or divorced from their spouses many of them become distressed and their miseries increase when they have dependent children to support and bring up they too need protective umbrellaours is a welfare state it is the sacred duty of the state to initiate protective and welfare measures for the abandoned, disowned and distressed widows and single women to that they can live gracefully in the society it is therefore imperative to establish an authority to exclusively take care of such widows and single woman throughout the countryhence, this bill financial memorandumclause 3 of the bill provides for the establishment of the distressed widows and single women welfare board clause 5 provides for the establishment of national distressed widows and single women rehabilitation and welfare fund with initial corpus of rupee fifty thousand crore to be provided by the central government clause 6 provides for financial assistance and other facilities for widows and single women clause 8 provides for establishment of hostels clause 9 makes it mandatory for the central government to provide requisite and adequate funds for carrying out the purposes of this bill the bill, therefore, if enacted would involve expenditure from the consolidated fund of india apart from the initial corpus of rupee fifty thousand crore, it is estimated that a sum of rupee forty thousand crore may involve as recurring expenditure per annuma non-recurring expenditure of rupee twenty five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 14 of the bill gives power to the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for the protective measures with need based rehabilitation and welfare to beundertaken by the government for the distressed, infirm, neglected, abandoned anddisowned widows and single women by providing financial assistance, pension,medical care, housing and other facilities through a welfare board to suchwidows and single women and for matters connected therewith or incidental thereto————(shri nishikant dubey, mp)gmgipmrnd—4572ls(s3)—10-07-2017	Parliament_bills	1cfdc311-31ff-5648-81c9-51db41459728
bill no xviii of 2011 the prevention of extravagance and unlimited expenditure on marriages bill, 2011 a billto provide for the prevention and prohibition of sheer extravagance and unlimited expenditure being incurred on marriages and related ceremonies in various parts of the country and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the prevention of extravagance and unlimited expenditure on marriages act, 2011short title, extent and commencement 5(2) it extends to the whole of india except the state of jammu and kashmir, and appliesalso to citizens of india domiciled in the territories to which this act extends who are outsiders in the said territories(3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions 2 in this act, unless the context otherwise requires,— 10(a) 'appropriate government' means in the case of a state, the government ofthat state, and in other cases, the central government; 5(b) 'expenditure on marriage' includes expenses incurred, prior to, during and after the marriage celebrations and related ceremonies on invitation cards, hiring and decoration of pandals, banquet hall, hotel, barat ghar, or such other places, as the case may be, illumination and fireworks, the bridegroom's procession, luncheon or dinner and other refreshments offered to the guests, wedding clothes, ornaments, jewellery, garlands, any kind of gift, in cash or kind, in the form of dowry or any other local custom;(c) 'prescribed' means prescribed by rules made under this act; 10(d) 'related ceremonies' means any custom or ritual, preceding or succeeding a marriage, such as betrothal, engagement, ring exchange, traditonal sangeet programme, mehndi, reception, or any other ritualistic or traditional customs prevailing in the place 3 notwithstanding any tradition or custom prevailing in any religion, community, tribe or sect, the appropriate government shall prescribe an upper ceiling for the expenditure that can be incurred in any marriage and related ceremonies of a couple, after taking into consideration the demographic details and circumstances of the place concerned: 15prohibition of extravagance on marriages and related cremoniesprovided that the appropriate government may, if it considers necessary, make exceptions and relax the limit of total expenditure in individual cases, based on sound reasons and justifications for such relaxation 204 notwithstanding anything contained in any other law for the time being in force, the appropriate government may issue directions under this act for achieving the objects of this actappropriate government to issuing discretionpenalty and punishment5 any person, who violates the provisions of this act, or the rules framed or directionsissued thereunder, shall be liable to imprisonment for a term which may extend upto one year or fine which may extend upto rupees one lakh or both 25saving6 nothing contained in this act shall affect the validity of any marriage solemnizedunder the provisions of relevant and applicable acts or personal laws nor shall this act be deemed to directly or indirectly affect the validity of any mode of contracting marriagepower to make rules307 the central government, in the case of diplomatic and consular officer and otherofficers of the central government, and the appropriate government, in all other cases, may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsmarriages in india have become highly extravagant and lavish affairs, involving lakhs, and even crores, of rupees instead of preserving the sanctity of the sacred union of two individuals in life, people are using the marriages and the various ceremonies related to it, as an opportunity to show off their wealth and status, with heavily decorated shamianas, banquet halls, sumptuous feasts, special effects, professional dance and music groups, powerful fireworks, etc it is an open secret that, in most of such pompous weddings, any unspecified amount of money, costly gifts, jewellery and other articles are exchanged as 'dowry' even the invitation cards, which used to be very simple and meaningful, have now become a status symbol, with each party trying to outdo the just concluded marriage ceremony in the area people have also started the practice of distributing costly gifts and sweets to the guests attending marriages and receptions and even while giving invitation cards indeed, people are now thinking sky-high to add more colour and pomp to marriages, with weddings nowadays taking place in historic places, luxury yachts, ships, planes, etc at this rate, it will not be far when people start planning to conduct a wedding in the moon!the betrothel or 'engagement' ceremony has now become a mini marriage itself, with hundreds of guests and lavish spending the impact of such growing extravagance in marriages is telling upon the lower-middle and lower class people, who try to match the unabashed and pompous rich marriages, often with borrowed money or by selling their hardearned assets, and later find themselves in severe debt trap such uncontrolled expenditure on marriages are, in fact, break the very fabric of our society and institutionalizes the practice of dowry and wasteful expenditurethe real victims of these extravagant marriages are the poor people, who do not have adequate resources to marry off their daughters and leave their lives to destinyit is high time that the government must take proactive steps to curb the tendency of extravagant expenditure in marriages and related ceremonies, by enacting an appropriate act, to monitor, regulate and control the unlimited wasteful expenditure being incurred in the name of marriageshence this billprof p j kurien memorandum regarding delegated legislationclause 7 of the bill gives power to the central government and appropriate government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the prevention and prohibition of sheer extravagance and unlimitedexpenditure being incurred on marriages and related ceremonies in various parts of the country and the matters connected therewith or incidental thereto————(prof pj kurien, mp)	Parliament_bills	87d87337-2f45-55bd-8d11-437071eda917
bill no 81 of 2017 the fishermen (protection and welfare) bill, 2017 byadv narendra keshav sawaikar, mpa billto provide for the socio-economic protection and welfare of the fishermen of the coastal states of the country by establishing a welfare fund for their benefit and for providing adequate life insurance cover against accidents, medical care, financial assistance for fishing nets, boats and other necessities, unemployment allowance during lean periods, free educationincluding vocational education and training to theirchildren and for matters connected therewith or incidentaltheretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the fishermen (protection and welfare) act, 2017short title, extent and commencement(2) it extends to the coastal states of india having substantial population of fishermendefinitions2 in this act, unless the context otherwise requires,—(a) "accident" means an accident caused during the course of fishing including drowning;(b) "administrator" means an administrator appointed under section 5;5(c) "appropriate government" means in the case of state, the government of state having coastline and in the case of union territories having coastline, the central government;10(d) "fisherman" means a person who earns his livelihood by catching fish from the sea including traditional fishermen and whose only source of income is the money he earns from selling such fish and includes a person working as fisherman's helper;(e) "fund" means the fishermen welfare fund established under section 4; (f) "partial disablement" means disablement which has reduced the working capacity of a fisherman temporarily which he was capable of having before the accident;(g) "prescribed" means prescribed by rules made under this act; and15(h) "total disablement" includes any disablement which incapacitates a fisherman for all work which he was capable of performing prior to the accidentlong term national policy for the welfare of fishermen203 the central government shall, as soon as may be, but within one year from the commencement of this act, formulate, in consultation with the appropriate government, a long term national policy for the welfare of fishermen and their families and protection of their fishing rights and interests against the onslaught of big fishing companies including the multinationalsestablishment of fishermen welfare fund4 (1) the central government shall, by notification in the official gazette, establish a fund to be known as the fishermen welfare fund for carrying out the purposes of this act25(2) the initial corpus of the fund shall be ten thousand crore rupees which shall be provided by the central government after due appropriation made by parliament by law in this behalf30(3) after the establishment of the fund, moneys to the fund shall be provided by the central government and the appropriate governments in such proportion as may be agreed to from year to year and the money received by way of donations from individuals, body corporates, financial and other institutions shall also form the corpus money of the fundappointment of administrators5 the central government shall, by notification in the official gazette, appointsuch number of administrators who shall administer the fund and entertain the claims for payment of compensation and other facilities under this act6 the fund shall be utilised for,—35utilisation of the fund(a) maintaining digital data of fishermen and their dependant family membersfor every district of the state and union territory having coastline;(b) life insurance cover to the fishermen and their families; (c) free medical care to the fishermen and their family members;40(d) financial assistance to the fishermen for the purchase and repair of fishingnets, boats and other equipments required for fishing;(e) unemployment allowance during illness or financial crisis during lean periods; (f) free education including technical and vocational education to the childrenof fishermen; and(g) such other purposes as may be prescribedfixation of compensation and payment thereof7 (1) subject to the provisions of this act, the amount of compensation payable to a fishermen sustaining injury resulting in his death or partial or total disablement or in case of his drowning or sweeping away by the water currents or in his disappearance in a storm or cyclone or tsunami, shall be such as may be specified by the central government from time to time by notification in the official gazette5(2) in case of death of a fisherman, the compensation fixed under sub-section (1) shall be paid to the spouse of the deceased or to his legal heir or to the children, as the case may be, and in case the deceased being unmarried, the compensation shall be paid to his parents(3) every claimant for payment of compensation under this act shall apply to the administrator in such form and giving such details, as may be prescribed10(4) every claim for compensation under this act shall be finalized by the administrator and payment thereof shall be made within sixty days from the date of filing of claim8 the appropriate government shall—miscellaneous provisions15(a) establish adequate number of schools and vocational training institutes and healthcare centres in and around the areas inhabitated by fishermen for their benefit including their families and children;(b) provide adequate and hygienic marketing facilities to the fishermen for their catch;(c) provide subsidy on kerosene and petrol;20(d) protect the fishing rights and interests of the fishermen by preventing national and multinational companies from fishing in such areas in the sea as are allocated to fishermen by the central government from time to time;(e) encourage the fishermen to use latest technology for fishing and impart training to fishermen for using safety measures during fishing;25(f) through the coast guard and navy, prevent the trespassing by fishermen ofother countries into the indian waters;(g) take up issue of release of indian fishermen who stray into waters and economic maritime zone of neighbouring countries and detained with their boats and nets by such countries;30(h) set up rehabilitation centres for fishermen during emergencies with all basic facilities; and(i) take such other measures as it may deem necessary for the protection and welfare of fishermen 9 the provisions of this act shall be in addition to and not in derogation of any other law applicable to fishermen for the time being in force35act not in derogation of other laws10 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments and union territories administrations having coastline for carring out the purposes of this actcentral government to provide requisite fundspower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act40 45(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthere are millions of fishermen and their families spread over southern, eastern and western parts of the country their main occupation and means of livelihood is catching fish and selling it in the market and they are doing this for generations however, the fishermen and their families live in abject poverty nearly hand to mouth whereas the middlemen, wholesalers and retail traders of fish flourish at their cost as the sea food is becoming popular not only in the country but worldwide sea products are very much in demand but the status of fishermen has remained the same many of the fishermen are carried away by water currents particularly during storms and cyclones and they lose their lives similarly they get drowned during fishing or receive injuries leading to partial or total disablement but there is nobody to look after them except their hapless poor families in fact the disablement or death of a fisherman ruins his family who remain at the mercy of fate alonesince the poor fishermen are part and parcel of our society and ours being a welfare state, it is necessary that the fishermen too are provided with adequate insurance against accidents, healthcare, financial assistance in case of need, educational facilities for their wards, etc they should also get subsidy on kerosene and petrol and cold storage and marketing facilities for their catch sometimes fishermen from neighbouring countries trespass into our water and carry the catch which need to be stopped in fact the nation has to give maximum security and facilities to the fishermen of the countryhence this billnew delhi;narendra keshav sawaikarapril 10, 2017 financial memorandumclause 4 of the bill provides for the establishment of the fishermen welfare fundclause 5 provides for the appointment of administrators clause 8 provides for certain facilities for fishermen clause 10 provides that the central government shall provide adequate funds to the states for carrying out the purposes of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees twenty thousand crore may involve as recurring expenditure per annuma non-recurring expenditure of rupees twenty thousand crore may also involve memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the socio-economic protection and welfare of the fishermen of the coastal states of the country by establishing a welfare fund for their benefit and for providing adequate life insurance cover against accidents, medical care, financial assistance for fishing nets, boats and other necessities, unemployment allowance during lean periods, free education including vocational education and training to their children and for matters connected therewith or incidental thereto————(adv narendra keshav sawaikar, mp)gmgipmrnd—554ls(s3)—16-06-2017	Parliament_bills	c1c8ec6f-f2a5-5b90-b177-5cae13c99c87
statement of objects and reasonsthis bill is introduced in pursuance of article 204(1) of the constitution read with the proclamation issued under article 356 of the constitution in respect of the state of punjab on the 11th may, 1987, to provide for the appropriation out of the consolidated fund of the state of punjab of the moneys required to meet the expenditure charged on the consoli« dated fund of the state of punjab and the grants made by the lok sabha for the expenditure of the government of punjab for the financial year 1991-92, 5 eit shantaram potdukhe president''s recommendation under article 207 of the constitution of india[copy of letter no f2(222)-b(s)/91, dated the 14th november, 1991 from shri shantaram potdukhe, minister of statq in the ministry of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of punjab for the services of the financial year 1991-92, recommends under clauses (1) and (8) of article 207 of the constitution of india read with the proclamation dated the 11th may, 1987 issued under article 356 of the constitution, the introduction of the punjab appropriaion (no, 2) bill, 1991 in and the consideration of the bill by lok sabha 2 the bill will be introduced in lok sabha immediately after the demands for grants for the expenditure of the government of the state of punjab for the year 1991-92, have been voted,	Parliament_bills	7610f0d0-9345-5f47-a22c-6437f813ee24
bill no xxvii of 2007 the tribal girls (prevention of abuse, rehabilitation and welfare) bill, 2007 a billto provide for the prevention of abuse including physical abuse of tribal girls who are lured to shift to urban areas on the pretext of attractive employment and decent life and thereafter confined, exploited and abused and in many cases forced into prostitution and exploitation of tribal girls by forest personnel while collecting forest produce and for rehabilitation and welfare of such girls and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—welfare) act, 2007short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "abuse" includes allurement of decent life on false promises, exploitation in the form of excessive work, and less payment, bonded labour in any form, confinement against will, prevention of collection of forest produce which are not prohibited and confiscation of such produce to gain sexual favour, illegal detention for possessing such products, intimidation in any form, forcible or fraudulent sexual exploitation, rape, forcing into prostitution, procuring or kidnapping tribal girls for their abuse in any form whatsoever;(b) "appropriate government" means in the case of a state, the government of the state and in other cases, the central government;(c) "prescribed" means prescribed by rules made under this act; (d) "tribal girl" means a female belonging to a family of any tribe mentioned in the constitution (scheduled tribes) order, 1950 who is below the age of eighteen years;45 of 1860 104 of 1956(e) words and expressions used and not defined in this act but defined in the indian penal code, 1860 or the immoral traffic (prevention) act, 1956 shall have the meanings respectively assigned to them in those acts3 (1) the abuse of any tribal girl, in any manner whatsoever, is hereby prohibitedprohibition of abuse of tribal girls(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actpenalty4 notwithstanding anything contained in any other law for the time being in force, whoever,—(a) allures any tribal girl to leave her place of residence on false promises including any relative of such girl shall be punishable with rigorous imprisonment for a term which shall not be less than four years but may extend to seven years and also with fine which may extend to two lakh rupees;(b) confines a tribal girl for taking excessive work or takes excess work by paying less to such girl shall be punishable with rigorous imprisonment for a term which shall not be less than two years but may extend to five years and also with fine which may extend to two lakh rupees;(c) keeps a tribal girl as bonded labour in any form shall be punishable with rigorous imprisonment for a term which shall not be less than five years but may extend to ten years and also with fine which may extend to five lakh rupees;(d) prevents collection of non prohibited forest produce or confiscates such products or illegally detains a tribal girl in possession of such produce in order to exploit the girl shall be punishable with imprisonment which shall not be less than three years but may extend to five years and also with fine which may extend to one lakh rupees;(e) commits rape on a tribal girl shall be punished with death; (f) forces a tribal girl into prostitution or procures or kidnaps a tribal girl for that purpose shall be liable for imprisonment for life and in case the circumstances so warrant shall be punished with death5 (1) it shall be the duty of the appropriate government to rescue and take custody of every tribal girl covered under this act through the local police in such manner as may be prescribed(2) every tribal girl rescued under sub-section (1) shall be provided board and lodging with necessities of daily life, medical care, educational facilities including vocational, technical and medical education free of cost, and employment opportunities in such manner as may be prescribed(3) every tribal girl rescued under sub-section (1) shall be paid a compensation of not less than two lakh rupees by the appropriate government in such manner as may be prescribed2 of 19746 notwithstanding anything contained in the code of criminal procedure, 1973 theoffences under this act shall be cognizable and non-bailableoffences to be cognizable and non bailable7 the offences under this act shall be tried by fast track courtsfast track courts to tryoffenceswelfare measures8 it shall be the duty of the appropriate government to formulate and implement rehabilitation and other welfare measures for the tribal girls covered under this act in such manner as may be prescribed9 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds, from time to time, for carrying out the purposes of this actcentral government to provide requisite funds act to have overriding effect10 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forcepower to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsapart from the entire north-eastern region states like orissa, andhra pradesh, karnataka, jharkhand, chhattisgarh, maharashtra, gujarat, rajasthan, madhya pradesh, uttaranchal, himachal pradesh, etc have substantial tribal population these tribals live in jungles, subsist on jungle produce, having their own life style, traditions and culture they are very near to the nature, simple, hard working and honest of late, media has widely reported that mafia has sneaked into the tribal areas their touts are luring the adolescent and young girls to migrate to urban areas promising them attractive employment opportunities and decent living once the innocent tribal girls fall into their trap they are brought to the cities and generally sold in the brothels and compelled into prostitution some girls become domestic maids where they are paid meagerly, and are overworked and exploited many of them are confined so that they do not escape and many a time tortured and also abused physically the innocent tribal girls curse their coming to cities and exploitation and suffering become their fatesimilarly, the tribals subsist on jungle produce the tribal girls and women collect jungle produce and sell them at the weekly haats to earn their livelihood many a time the forest personnel confront these women and girls and intimidate them with arrest on the plea that they have collected prohibited jungle products despite the fact that these women and girls have not collected any prohibited produce generally they want their share in the income from the jungle produce or they ask for sexual favour from the tribal women and girlsthe exploitation of tribal girls has to be stopped by providing deterrent punishment for those who exploit them, torture them or sexually abuse them taking advantage of their innocence and honestyhence this billalka balram kshatriya financial memorandumsub-clause (2) and (3) of clause 5 of the bill provide for board and lodging, with necessities of daily life, medical care etc to the tribal girls covered under the bill, and for compensation respectively clause 7 provides for fast track courts clause 9 makes it obligatory for the central government to provide adequate requisite funds for the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india though it is not possible to quantify the actual expenditure at this stage it is estimated that a sum of rupees two hundred crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees of five hundred crore may also involve from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————— a billto provide for the prevention of abuse including physical abuse of tribal girls who arelured to shift to urban areas on the pretext of attractive employment and decent life andthereafter confined, exploited and abused and in many cases forced into prostitutionand exploitation of tribal girls by forest personnel while collecting forest produceand for rehabilitation and welfare of such girls and for matters connectedtherewith and incidental thereto—————(prof alka balram kshatriya, mp)mgipmrnd—1774rs (s3)—27-04-2007	Parliament_bills	20e2f07f-b8e5-5a18-9ba7-cf94496a9b9f
financial memorandumclause 4 of the bill provides that central government will open free hindi language teaching centres at various places for the proper development of hindi clause 4 also provides for starting hindi interpretation services at all diplomatic centres and instituting awards for leaming hindi therefore, the bill ifenacted would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one crore per annum a non recurring expenditure of rupees twenty lakhs is also likely to be involved part xvh official language chapter \|—-language of the union343 official language of the union (/) the official language of the union shall be hindi in devanagari script the form of numerals to be used for the official purposes of the union shall be the international form of indian numerals {3} notwithstanding anything in this article, parliament may by law provide for the use after the said period of fifteen years, of— (a) the english language, or (5) the devanagari form of numerals, for such purposes as may be specified in the law » chapter fee—language of the supreme court, hics courts, etc348 language to be used in the supreme court and in the high courts and for acts, bills etc—(/) notwithstanding anything in the foregoing provisions of this part, until parliament by law otherwise provides— (a) all proceedings in the supreme court and in every high court, (&) the authoritative texts— i} of all bills to be introduced or amendments thereto to be moved in either house of parliament or in the house or either house of the legislature of'a state (ii) of all acts passed by parliament orthe legislature of a state and of all ordinances promulgated by the president or the governor of a state, and (i) of all orders, rules, regulations and bye-laws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the english language provided that nothing in this clause shall apply to any judgement, decree or order passed or made by such high court (3) notwithstanding anything in sub-clause () of clause (/), where the legislature of a state has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislature of the state or in ordinances promulgated by the governor of the state or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the english language published under the authority of the governor of the state in the official gazette of that state shall be deemed to be the authoritative text thereof in the english language under this article	Parliament_bills	afbff591-df64-5592-989a-ac228726de10
bill no 132 of 2018 the constitution (amendment) bill, 2018 by shri tej pratap singh yadav mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2018short title2 in the seventh schedule to the constitution,—(i) in list ii-state list, entry12 shall be omitted;amendment of the seventh schedule"25a libraries, museums and other similar institutions controlled or financed by the state; ancient and historical monuments and records other than those declared by or under law made by parliament to be of national importance" statement of objects and reasonsas per the constitution, the subject "libraries" forms the part of the state list if the union government wants to have a library legislation at national level, it has to amend the constitution by shifting the item of libraries from state list to the concurrent listthe government of india appointed a committee in the year 1948 to suggest the possibilities of establishing a national central library at new delhi dr sr ranganathan as a member of the committee prepared "draft library bills for union and constituent states" later, the central government did not take decision to pass a union library billsince independence, only nineteen out of twenty-nine states have passed the library legislation through public library acts in their respective states due to lack of funds, resources and trained manpower, majority of public libraries in the country are in pathetic conditionthe working group of libraries under national knowledge commission in its 2006report entitled "libraries: gateways to knowledge - a roadmap for revitalisation" recommended that "in order to facilitate the coordinated development of libraries across different sectors and to provide the legislative framework, required legal support and financial backing to the library sector, the government could, in course of time, consider including libraries in the concurrent list of the constitution of india this should be done without in any way abrogating the existing responsibilities of the states towards libraries"due to partial and ineffective implementation of state legislation, a national library legislation is needed to bring in a robust legislative framework to make india a knowledge societythe bill, therefore, seeks to amend the seventh schedule to the constitution with a view to transfer entry 12 of list-ii, state list pertaining to 'libraries', to list-iii, concurrent list so that the parliament and the central government can also play vital role in the overall development of a national library policy, systems and services in the countrythe bill seeks to achieve the above objectivenew delhi;tej pratap singh yadavjune 29, 2018 annexureextract from the constitution of india list ii-state list 12 libraries, museums and other similar institutions controlled or financed by the state; ancient and historical monuments and records other than those [declared by or under law made by parliament] to be of national importance list iii-concurrent list 25 education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of list i; vocational and technical training of labour] lok sabha———— a billfurther to amend the constitution of india————(shri tej pratap singh yadav, mp)mgipmrnd—605ls(s3)—24-07-2018	Parliament_bills	93e97b2f-f0eb-5c1e-bfd2-2315b5ae46c0
bill no xxiii of 2014 the personal data protection bill, 2014 a billto provide for protection of personal data and information of an individual collected for aparticular purpose by one organization, and to prevent its usage by other organization for commercial or other purposes and entitle the individual to claim compensation or damages due to disclosure of personal data or information of any individual without his consent and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the personal data protection act, 2014(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires,—(a) ''appropriate government'' means in case of a state, the government of that state and in other cases, the central government;(b) ''data controller'' means data controller appointed under section 6 (c) "personal data" means information or data which relate to a living individual who can be identified from that information or data whether collected by any government or any private organization or agency;(d) "prescribed" means prescribed by rules made under this act;5(e) "processing" means obtaining, recording or holding the personal data orinformation of an individual and carrying out any operation on the information including alternation, disclosure, transmission, dissemination and destruction103 the personal data of any person collected for a particular purpose or obtained inconnection with any transaction, whether by appropriate government or by any private organization, shall not be put to processing without the consent of the person concerned:provided that personal data of any person may be processed for any of the following purposes:—(a) the prevention or detection of crime;15(b) the prosecution of offenders; and (c) the assessment or collection of any tax or duty: provided further that no consent of the individual shall be required if the personaldata details of the individual are obtained through sources which have been made public20personal data not to be disclosed4 the personal data of any person collected by an organization whether governmentor private, shall not be disclosed to any other organization for the purposes of direct marketing or for any commercial gain:provided that personal data of any person may be disclosed to charity and voluntaryorganizations after obtaining prior consent of the person255 every person whose personal data or details have been processed or disclosed fordirect marketing or for any commercial gain without consent shall be entitled to compensation for damages in such manner as may be prescribedcompensation for damages in case of disclosure of data information appointment of data controller306 (1) the appropriate government shall, by notification in the official gazette, appointas many data controllers as may be necessary for over viewing the complaints relating to processing and disclosing of personal data and claim for compensation:provided that there shall not be more than three data controllers in a state or a union territory(2) the terms and conditions of service of the data controller shall be such as may be prescribed35(3) the appropriate government shall provide such number of officers and staff as may be necessary efficient functioning of the data controller(4) the procedure for appointment of the data controllers, their powers and functions shall be such as may be prescribed407 every organization, whether government or private, engaged in the commercialtransaction and collection of personal data of persons shall:—obligation on organization collecting personal data(i) report to the data controller the type of personal data and information beingcollected by them and the purpose for which it is being or proposed to be used;(ii) take adequate measures to maintain confidentiality and security in the handling of personal data and information; and(iii) collect only such information that is essential for completion of any transaction with the individual5 8 the appropriate government shall, after due appropriation made in this behalf, provide such sums of money as it may think fit for being utilized for the purpose of this actappropriate government to provide moneypenalty109 whoever contravenes or attempts contravene or abets the contravention of theprovisions of this act shall be punishable with imprisonment for a term, which may extend to three years or with fine, which may extend upto ten lakh rupees or with both:provided that the compensation for damages claimed under section 5 shall be in addition to the fine imposed under this sectionoffence by companies1510 where a person committing a contravention of any of the provisions of this act or of any rule, made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:20provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contraventionexplanation— for the purpose of this section:— (i) "company" means anybody corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm25summary trial2 of 197411 all offences under this act shall be tried summarily in the manner prescribed forsummary trial under the code of criminal procedure, 1973power to remove difficulties3012 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this actsavings13 the provisions of this act shall be in addition to, and not in derogation of, theprovisions in any other law, for the time being in force, relating to protection of personal data35power to make rules14 the central government may, by notification in the official gazette make rules forcarrying out the purposes of this act statement of objects and reasonsin our country, at present, there is no law on protection of personal information and data of an individual collected by various organizations as a result many a time, personal information of an individual collected for a particular purpose is misused for other purposes also, primarily for direct marketing without the consent of the individualthe personal data of an individual collected by an organization is at times sold to other organizations for paltry sum in connivance with the employees of the organizations these organizations with the competition to out do each other enter into the privacy of individual by making direct marketing calls there has to be some internal confidentiality standard within the system so that personal information of an individual may not be transferred to others, which, at times, causes a lot of distress and embarrassmentin many countries this right of individual has been recognized as basic civil right as an extension of right to privacy and laws have been enacted to protect the personal data of individuals accordingly, there is a need to have a law in our country also for protection of personal information to ensure that personal information of an individual collected for a particular purpose should be used for that particular purpose only and is not revealed to others for commercial or other purposeshence this billvijay jawaharlal darda financial memorandumclause 6, of the bill empowers the appropriate government to appoint data controllers for over viewing the complaints relating to processing and disclosing of personal information and claim for compensation clause 8 provides that appropriate government shall make the funds available for being utilize for the purposes of this act since the expenditure in respect of uts shall be borne out by central government, the bill if enacted will involve expenditure from the consolidated fund of india to the tune of rupees one crore per annum memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for the purposes of this bill the rules will relate to matter of details only, the delegation of legislative powers is therefore of normal character————— abillto provide for protection of personal data and information of an individual collected for aparticular purpose by one organization, and to prevent its usage by other organization for commercial or other purposes and entitle the individual to claim compensation or damages due to disclosure of personal data or information of any individual without his consent and for matters connected therewith or incidental thereto—————(shri vijay jawaharlal darda, mp)	Parliament_bills	d32052b2-685f-5542-b0d0-f0743dfb155b
bill no 332 of 2015 the forest (conservation) amendment bill, 2015 byshri shrirang appa barne, mp a billfurther to amend the forest (conservation) act, 1980be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the forest (conservation) amendment act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 269 of 198052 in section 2 of the forest (conservation) act, 1980, after clause (iv), the following proviso shall be added, at the end, namely:—"provided that the decision on prior approval shall be given within a period of six months from the date of receipt of request from a state government or other authority" statement of objects and reasonsthe forest (conservation) act, 1980 was enacted with the purpose of protecting the fauna, flora and environment the act specifically make prior approval of central government for dereservation of forests or use of forest land for non-forest purposes mandatory but, in practice, it has been seen that whenever any case is referred to the central government for permission, the permission is not granted immediately and the central government either takes very long time or withholds the permission for no reason moreover, being a welfare state, it is a duty of every state government to undertake welfare schemes for the people but this act is creating a hindrance in the implementation of developmental works therefore, it is necessary to make a provision in the act that the central government shall take decision on prior approval cases within a period of six months from the date of receipt of request from a state government or other authority it will go a long way to protect the environment while taking up projects for the welfare of the common manhence this billnew delhi;shrirang appa barnenovember 16, 2015 annexure extract from the forest (conservation) act, 1980(act no 69 of 1980) 2 notwithstanding anything contained in any other law for the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing,—\| \|\|---------------\|\| restriction \|\| on the \|\| dereservation \|\| of forests or \|\| use of forest \|\| land for non- \|\| forest \|\| purpose \| lok sabha———— a billfurther to amend the forest (conservation) act, 1980————(shri shrirang appa barne, mp)gmgipmrnd—2825ls(s3)—09122015	Parliament_bills	2a6fd6dd-ea93-58eb-ab0c-9a017c421ee3
april, 2010, shall be deemed and always deemed to have been validly issued and shall not be called in question in any court of law or other authority solely on the ground that it was issued without a certificate of registration under any law for the time being in force or without following any procedure under any law for the time being in force, by an insurer or any other person 5 repeal and savings 7 (1) the securities and insurance laws (amendment and validation) ordinance, 2010 is hereby repealed (2) notwithstanding such repeal, anything done or any action taken under the ord 3 of principal act, as amended by the said ordinance, shall be deemed to have been done or 2010 taken under the corresponding provisions of the principal act, as amended by this act lo statement of objects and reasonsthe securities and exchange board of india act, 1992 was enacted, inter alia, to provide for the establishment ofa board to protect the interests of investors in securities and to promote the development of, and to regulate, the securities market and for matters connected therewith or incidental thereto the insurance act, 1938, infer alia, contains the law relating to the business of insurance and the insurance regulatory and development authority act, 1999 was enacted, inter alia, to provide for the establishment of an authority to protect the interests of holders of insurance policies, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto 2 the securities and exchange board of india (sebi) issued on the 9th april, 2010, an order against certain insurance companies directing them not to issue any offer document, advertisement, brochure soliciting money from investors or raise money from investors by way of new or additional subscription for any product inciuding ulips having an investment component in the nature of mutual funds, till they obtain the requisite-certificate of registration from the sebi the differences of opinion relating to jurisdiction of the sebi and the insurance regulatory and development authority (irda) in respect of hybrid or composite instruments or units (by whatever name called) which provides a component of investment and a component of insurance issued by an insurer had arisen 3 in order to clear uncertainties on the differences of opinion relating to jurisdiction of the securities market regulator, ie, the sebi and the insurance regulator, ie, the irda it has become necessary to clarify that the "life insurance business" also include any unit linked insurance policy and accordingly to amend the insurance act, 1938, the securities contracts (regulation) act, 1956 andthe securities and exchange board of india act, 1992 for the said purpose 4 in order to address the differences of opinion among certain statutory regulators which may arise in future, it was felt necessary to set up a joint mechanism, consisting of the union finance minister as its chairperson, and governor, the reserve bank of india (rbi), finance secretary, secretary (financial services) and chairpersons of the insurance regulatory and development authority, securities and exchange board of india and the pension fund regulatory and development authority (pfrda) as its members, for resolving future differences of opinion as to whether any hybrid or composite instrument, having a component of insurance or any other investment or securities market instrument or a component of money market instrument falls within the jurisdiction of the irda or sebi or rbi or pfrda 5 as both houses of parliament were not in session and immediate action was required to be taken, the president promulgated the securities and insurance laws (amendment and validation) ordinance, 2010 on the 18th june, 2010 to achieve the above objectives 6 the bill seeks to replace the aforesaid ordinance pranab mukherjee new deut; the 20th july, 2010 memorandum explaining the modifications contained in the bill to replace the securities and insurance laws (amendment and validation) ordinance, 2010the securities and insurance laws (amendment and validation) bill, 2010, which seeks to repeal and replace the securities and insurance laws (amendment and validation) ordinance, 2010, proposes to make the following nfodifications apart from modifications of consequential or drafting nature in the provisions contained in the said ordinance, namely:— (1) it is proposed to clarify that the difference of opinion between regulators over jurisdiction of hybrid or composite products shall only be referred to the joint committee and to omit the words "or the central government" in sub-section (1) of section 45y of the reserve bank of india act, 1934 proposed to be inserted by clause 2 of the bill (2) it is proposed to provide that the governor of the reserve bank of india shall be the vice-chairperson of the joint committee instead ofa members of the joint committee as provided in the ordinance and to substitute the words "ex officio member" with the words "ex officio vice-chairperson" in clause (6) of sub-section (1) of section 45y of the reserve bank of india act, 1934 proposed to be inserted by clause 2 of the bill (3) it is proposed to provide that secretary, department of economic a ffairs in the ministry of finance shail be the member of the joint committee instead of finance secretary in the ministry of finance as provided in the ordinance and to substitute the words "the finance secretary" with the words "secretary, department of economic affairs" in clause (c) of sub-section (1) of section 45y of the reserve bank of india act, 1934 proposed to be inserted by clause 2 of the bill (4) it is proposed to provide that in case of any difference of opinion between regulators referred to in sub-section (1) of section 45y of the reserve bank of india act, 1934, only the members referred to in clauses (b), (€), (f) and (g) of that sub-section, namely, the governor of reserve bank of india, the chairman of insurance regulatory and development authority, the chairman of securities and exchange board of india and the chairperson of pension fund regulatory and development authority shail make a reference to the joint committee and to insert the words, brackets and fetters "referred to in clauses (b), (e), (f) and (g) of that sub-section", after the words "the joint committee" in sub-section (3) of section 45y of the reserve bank of india act, 1934 proposed to be inserted by clause 2 of the bill	Parliament_bills	2a11906d-fd6c-5db8-a079-e15370521989
bill no 252 of 2015 the arbitration and conciliation (amendment) bill, 2015 a billto amend the arbitration and conciliation act, 1996be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the arbitration and conciliation (amendment) act, 2015 (2) it shall be deemed to have come into force on the 23rd october, 2015short title and commencementamendment of section 226 of 19962 in the arbitration and conciliation act, 1996 (hereinafter referred to as the principal act), in section 2,—5(i) in sub-section (1),—(a) for clause (e), the following clause shall be substituted, namely:—'(e) "court" means—(i) in the case of an arbitration other than international commercial arbitration, the principal civil court of original5jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes;10(ii) in the case of international commercial arbitration, the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, and in other cases, a high court having jurisdiction to hear appeals from decrees of courts subordinate to that high court;';(b) in clause (f), in sub-clause (iii), the words "a company or" shall be omitted; (ii) in sub-section (2), the following proviso shall be inserted, namely:—1520"provided that subject to an agreement to the contrary, the provisions of sections 9, 27 and clause (a) of sub-section (1) and sub-section (3) of section37 shall also apply to international commercial arbitration, even if the place of arbitration is outside india, and an arbitral award made or to be made in such place is enforceable and recognised under the provisions of part ii of this act"amendment of section 73 in section 7 of the principal act, in sub-section (4), in clause (b), after the words "or other means of telecommunication", the words "including communication through electronic means" shall be inserted4 in section 8 of the principal act,—amendment of section 8(i) for sub-section (1), the following sub-section shall be substituted, namely:—25 30"(1) a judicial authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment, decree or order of the supreme court or any court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists"; (ii) in sub-section (2), the following proviso shall be inserted, namely:—35 40"provided that where the original arbitration agreement or a certified copy thereof is not available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the party so applying shall file such application along with a copy of the arbitration agreement and a petition praying the court to call upon the other party to produce the original arbitration agreement or its duly certified copy before that court"amendment of section 95 section 9 of the principal act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely:—45"(2) where, before the commencement of the arbitral proceedings, a court passes an order for any interim measure of protection under sub-section (1), the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the court may determine(3) once the arbitral tribunal has been constituted, the court shall not entertain an application under sub-section (1), unless the court finds that circumstances exist which may not render the remedy provided under section 17 efficacious"506 in section 11 of the principal act,—amendment of section 11(i) in sub-sections (4), (5) and (6), for the words "the chief justice or any person or institution designated by him" wherever they occur, the words "the supreme court or, as the case may be, the high court or any person or institution designated by such court" shall be substituted;5(ii) after sub-section (6), the following sub-sections shall be inserted, namely:—10"(6a) the supreme court or, as the case may be, the high court, while considering any application under sub-section (4) or sub-section (5) or sub-section (6), shall, notwithstanding any judgment, decree or order of any court, confine to the examination of the existence of an arbitration agreement(6b) the designation of any person or institution by the supreme court or, as the case may be, the high court, for the purposes of this section shall not be regarded as a delegation of judicial power by the supreme court or the high court";15(iii) in sub-section (7), for the words "the chief justice or the person or institution designated by him is final", the words "the supreme court or, as the case may be, the high court or the person or institution designated by such court is final and no appeal including letters patent appeal shall lie against such decision" shall be substituted;20(iv) for sub-section (8), the following sub-section shall be substituted, namely:—"(8) the supreme court or, as the case may be, the high court or the person or institution designated by such court, before appointing an arbitrator, shall seek a disclosure in writing from the prospective arbitrator in terms of sub-section (1) of section 12, and have due regard to—25(a) any qualifications required for the arbitrator by the agreementof the parties; and(b) the contents of the disclosure and other considerations as arelikely to secure the appointment of an independent and impartial arbitrator";30(v) in sub-section (9), for the words "the chief justice of india or the person or institution designated by him", the words "the supreme court or the person or institution designated by that court" shall be substituted;(vi) for sub-section (10), the following sub-section shall be substituted, namely:—35"(10) the supreme court or, as the case may be, the high court, maymake such scheme as the said court may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub-section (6), to it";40(vii) in sub-section (11), for the words "the chief justices of different highcourts or their designates, the chief justice or his designate to whom the request has been first made", the words "different high courts or their designates, the high court or its designate to whom the request has been first made" shall be substituted;(viii) for sub-section (12), the following sub-section shall be substituted, namely:—45'(12) (a) where the matters referred to in sub-sections (4), (5), (6), (7), (8)and sub-section (10) arise in an international commercial arbitration, the reference to the "supreme court or, as the case may be, the high court" in those sub-sections shall be construed as a reference to the "supreme court"; and5(b) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise in any other arbitration, the reference to "the supreme court or, as the case may be, the high court" in those sub-sections shall be construed as a reference to the "high court" within whose local limits the principal civil court referred to in clause (e) of sub-section (1) of section 2 is situate, and where the high court itself is the court referred to in that clause, to that high court'; (ix) after sub-section (12), the following sub-sections shall be inserted, namely:—1015"(13) an application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the supreme court or the high court or the person or institution designated by such court, as the case may be, as expeditiously as possible and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party(14) for the purpose of determination of the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the high court may frame such rules as may be necessary, after taking into consideration the rates specified in the fourth schedule20explanation—for the removal of doubts, it is hereby clarified that this sub-section shall not apply to international commercial arbitration and in arbitrations (other than international commercial arbitration) in case where parties have agreed for determination of fees as per the rules of an arbitral institution''7 after section 11 of the principal act, the following new section shall be inserted, namely:—25insertion of new section 11a"11a (1) if the central government is satisfied that it is necessary or expedient so to do, it may, by notification in the official gazette, amend the fourth schedule and thereupon the fourth schedule shall be deemed to have been amended accordinglypower of central government to amend fourth schedule3035(2) a copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by the both houses of parliament'' 8 in section 12 of the principal act,—amendment of section 12(i) for sub-section (1), the following sub-section shall be substituted, namely:—40"(1) when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances,—45(a) such as the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subject-matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality; and(b) which are likely to affect his ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months explanation 1—the grounds stated in the fifth schedule shall guide in determining whether circumstances exist which give rise to justifiable doubts as to the independence or impartiality of an arbitrator5explanation 2—the disclosure shall be made by such person in the form specified in the sixth schedule"; (ii) after sub-section (4), the following sub-section shall be inserted, namely:—10"(5) notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subject-matter of the dispute, falls under any of the categories specified in the seventh schedule shall be ineligible to be appointed as an arbitrator:provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this sub-section by an express agreement in writing:15provided further that this sub-section shall not apply to cases where an arbitrator has already been appointed on or before the commencement of the arbitration and conciliation (amendment) act, 2015''amendment of section 149 in section 14 of the principal act, in sub-section (1), in the opening portion, for the words "the mandate of an arbitrator shall terminate if ", the words "the mandate of an arbitrator shall terminate and he shall be substituted by another arbitrator, if " shall be substituted2010 for section 17 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 17"17 (1) a party may, during the arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to the arbitral tribunal—25interim measures ordered by arbitral tribunal(i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or(ii) for an interim measure of protection in respect of any of the following matters, namely:—30(a) the preservation, interim custody or sale of any goods whichare the subject-matter of the arbitration agreement;(b) securing the amount in dispute in the arbitration;35(c) the detention, preservation or inspection of any property orthing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken, or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;\| ( \| d \| ) interim injunction or the appointment of a receiver; \|\|----------------------------------------------\|-----\|-----------------------------------------------------------------\|\| ( \| e \| ) such other interim measure of protection as may appear to the \|\| arbitral tribunal to be just and convenient, \| \| \|and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it(2) subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the court for all purposes and shall be enforceable under the code of civil procedure, 1908, in the same manner as if it were an order of the court"5 of 19085amendment of section 2311 in section 23 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—"(2a) the respondent, in support of his case, may also submit a counterclaim or plead a set-off, which shall be adjudicated upon by the arbitral tribunal, if such counterclaim or set-off falls within the scope of the arbitration agreement"10amendment of section 2412 in section 24 of the principal act, after the proviso to sub-section (1), the following proviso shall be inserted, namely:—15"provided further that the arbitral tribunal shall, as far as possible, hold oral hearings for the presentation of evidence or for oral argument on day-to-day basis, and not grant any adjournments unless sufficient cause is made out, and may impose costs including exemplary costs on the party seeking adjournment without any sufficient cause"amendment of section 2513 in section 25 of the principal act, in clause (b), at the end, after the words"allegations by the claimant", the words "and shall have the discretion to treat the right of the respondent to file such statement of defence as having been forfeited" shall be inserted20amendment of section 2814 in section 28 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—"(3) while deciding and making an award, the arbitral tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction"2515 after section 29 of the principal act, the following new sections shall be inserted, namely:—insertion of new sections 29a and 29btime limit for arbitral award"29a (1) the award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference30explanation—for the purpose of this sub-section, an arbitral tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment(2) if the award is made within a period of six months from the date the arbitral tribunal enters upon the reference, the arbitral tribunal shall be entitled to receive such amount of additional fees as the parties may agree35(3) the parties may, by consent, extend the period specified in sub-section (1)for making award for a further period not exceeding six months40(4) if the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the court has, either prior to or after the expiry of the period so specified, extended the period:provided that while extending the period under this sub-section, if the court finds that the proceedings have been delayed for the reasons attributable to the arbitral tribunal, then, it may order reduction of fees of arbitrator(s) by not exceeding five per cent for each month of such delay45(5) the extension of period referred to in sub-section (4) may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the court5(6) while extending the period referred to in sub-section (4), it shall be open to the court to substitute one or all of the arbitrators and if one or all of the arbitrators are substituted, the arbitral proceedings shall continue from the stage already reached and on the basis of the evidence and material already on record, and the arbitrator(s) appointed under this section shall be deemed to have received the said evidence and material(7) in the event of arbitrator(s) being appointed under this section, the arbitral tribunal thus reconstituted shall be deemed to be in continuation of the previously appointed arbitral tribunal10(8) it shall be open to the court to impose actual or exemplary costs upon anyof the parties under this section(9) an application filed under sub-section (5) shall be disposed of by the court as expeditiously as possible and endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party15fast track procedure29b (1) notwithstanding anything contained in this act, the parties to an arbitration agreement, may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure specified in sub-section (3)20(2) the parties to the arbitration agreement, while agreeing for resolution of dispute by fast track procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen by the parties(3) the arbitral tribunal shall follow the following procedure while conducting arbitration proceedings under sub-section (1):25(a) the arbitral tribunal shall decide the dispute on the basis of writtenpleadings, documents and submissions filed by the parties without any oral hearing;(b) the arbitral tribunal shall have power to call for any further informationor clarification from the parties in addition to the pleadings and documents filed by them;30(c) an oral hearing may be held only, if, all the parties make a request or ifthe arbitral tribunal considers it necessary to have oral hearing for clarifying certain issues;35(d) the arbitral tribunal may dispense with any technical formalities, if anoral hearing is held, and adopt such procedure as deemed appropriate for expeditious disposal of the case(4) the award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference(5) if the award is not made within the period specified in sub-section (4), the provisions of sub-sections (3) to (9) of section 29a shall apply to the proceedings40(6) the fees payable to the arbitrator and the manner of payment of the fees shallbe such as may be agreed between the arbitrator and the parties''16 in section 31 of the principal act,—amendment of section 31(i) in sub-section (7), for clause (b), the following clause shall be substituted, namely:—45'(b) a sum directed to be paid by an arbitral award shall, unless the awardotherwise directs, carry interest at the rate of two per cent higher than the current rate of interest prevalent on the date of award, from the date of award to the date of payment(ii) for sub-section (8), the following sub-section shall be substituted, namely:—"(8) the costs of an arbitration shall be fixed by the arbitral tribunal in accordance with section 31a"517 after section 31 of the principal act, the following new section shall be inserted, namely:—insertion of new section 31aregime for costs5 of 1908'31a (1) in relation to any arbitration proceeding or a proceeding under any of the provisions of this act pertaining to the arbitration, the court or arbitral tribunal, notwithstanding anything contained in the code of civil procedure,1908, shall have the discretion to determine—10(a) whether costs are payable by one party to another; (b) the amount of such costs; and (c) when such costs are to be paidexplanation—for the purpose of this sub-section, "costs" means reasonable costs relating to—15(i) the fees and expenses of the arbitrators, courts and witnesses;(ii) legal fees and expenses;(iii) any administration fees of the institution supervising the arbitration; and(iv) any other expenses incurred in connection with the arbitral or court proceedings and the arbitral award20(2) if the court or arbitral tribunal decides to make an order as to payment of costs,—(a) the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party; or25(b) the court or arbitral tribunal may make a different order for reasons to be recorded in writing (3) in determining the costs, the court or arbitral tribunal shall have regard to all the circumstances, including—(a) the conduct of all the parties; (b) whether a party has succeeded partly in the case;30(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the arbitral proceedings; and(d) whether any reasonable offer to settle the dispute is made by a party and refused by the other party35(4) the court or arbitral tribunal may make any order under this section including the order that a party shall pay—(a) a proportion of another party's costs; (b) a stated amount in respect of another party's costs; (c) costs from or until a certain date only; (d) costs incurred before proceedings have begun;40(e) costs relating to particular steps taken in the proceedings;(f) costs relating only to a distinct part of the proceedings; and(g) interest on costs from or until a certain date(5) an agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event shall be only valid if such agreement is made after the dispute in question has arisen' 18 in section 34 of the principal act,—amendment of section 345(i) in sub-section (2), in clause (b), for the explanation, the following explanations shall be substituted, namely:—"explanation 1—for the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of india, only if,—(i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or10(ii) it is in contravention with the fundamental policy of indian law; or(iii) it is in conflict with the most basic notions of morality or justice15explanation 2—for the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute"; (ii) after sub-section (2), the following sub-section shall be inserted, namely:—"(2a) an arbitral award arising out of arbitrations other than international commercial arbitrations, may also be set aside by the court, if the court finds that the award is vitiated by patent illegality appearing on the face of the award:20provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by reappreciation of evidence"; (iii) after sub-section (4), the following sub-sections shall be inserted, namely:—25"(5) an application under this section shall be filed by a party only after issuing a prior notice to the other party and such application shall be accompanied by an affidavit by the applicant endorsing compliance with the said requirement(6) an application under this section shall be disposed of expeditiously, and in any event, within a period of one year from the date on which the notice referred to in sub-section (5) is served upon the other party"3019 for section 36 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 36 enforcement35"36 (1) where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the code of civil procedure, 1908, in the same manner as if it were a decree of the court5 of 190840(2) where an application to set aside the arbitral award has been filed in the court under section 34, the filing of such an application shall not by itself render that award unenforceable, unless the court grants an order of stay of the operation of the said arbitral award in accordance with the provisions of sub-section (3), on a separate application made for that purpose(3) upon filing of an application under sub-section (2) for stay of the operation of the arbitral award, the court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in writing:5 of 1908provided that the court shall, while considering the application for grant of stay in the case of an arbitral award for payment of money, have due regard to the provisions for grant of stay of a money decree under the provisions of the code of civil procedure, 1908"5amendment of section 3720 in section 37 of the principal act, in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:—"(a) refusing to refer the parties to arbitration under section 8;(b) granting or refusing to grant any measure under section 9; (c) setting aside or refusing to set aside an arbitral award under section 34"10amendment of section 4721 in section 47 of the principal act, for the explanation, the following explanation shall be substituted, namely:—15'explanation—in this section and in the sections following in this chapter,"court" means the high court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subjectmatter of a suit on its original civil jurisdiction and in other cases, in the high court having jurisdiction to hear appeals from decrees of courts subordinate to such high court'amendment of section 4822 in section 48 of the principal act, for the explanation to sub-section (2), the following explanations shall be substituted, namely:—20"explanation 1—for the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of india, only if,—(i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or(ii) it is in contravention with the fundamental policy of indian law; or25(iii) it is in conflict with the most basic notions of morality or justiceexplanation 2—for the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute"amendment of section 563023 in section 56 of the principal act, for the explanation, the following explanation shall be substituted, namely:—35'explanation—in this section and in the sections following in this chapter,"court" means the high court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subjectmatter of a suit on its original civil jurisdiction and in other cases, in the high court having jurisdiction to hear appeals from decrees of courts subordinate to such high court'amendment of section 5724 in section 57 of the principal act, in sub-section (1), for the explanation, the following explanations shall be substituted, namely:—40"explanation 1—for the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of india, only if,—(i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or(ii) it is in contravention with the fundamental policy of indian law; or (iii) it is in conflict with the most basic notions of morality or justiceexplanation 2—for the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute" 25 after the third schedule to the principal act, the following new schedules shall be inserted, namely:—5insertion of new fourth schedule, fifth schedule, sixth schedule and seventh schedule 'the fourth schedule[see section 11 (14)]\| sum in dispute \| model fee \|\|-------------------------------\|----------------------------------------------------\|\| up to rs 5,00,000 \| rs 45,000 \|\| 10 \| \|\| above rs 5,00,000 and up to \| rs 45,000 plus 35 per cent of the claim amount \|\| rs 20,00,000 \| over and above rs 5,00,000 \|\| above rs 20,00,000 and up to \| rs 97,500 plus 3 per cent of the claim amount \|\| rs 1,00,00,000 \| over and above rs 20,00,000 \|\| above rs 1,00,00,000 and \| rs 3,37,500 plus 1 per cent of the claim amount \|\| up to rs 10,00,00,000 \| over and above rs 1,00,00,000 \|15\| above rs 10,00,00,000 and up to \| rs 12,37,500 plus 075 per cent of the claim \|\|------------------------------------\|---------------------------------------------------\|\| rs 20,00,00,000 \| amount over and above rs 1,00,00,000 \|20\| above rs 20,00,00,000 \|\|---------------------------------------------\|\| amount over and above rs 20,00,00,000 with \|\| a ceiling of rs 30,00,000 \|note:— in the event, the arbitral tribunal is a sole arbitrator, he shall be entitled to an additional amount of twenty-five per cent on the fee payable as per the table set out above the fifth schedule[see section 12 (1)(b)]25the following grounds give rise to justifiable doubts as to the independence or impartiality of arbitrators: arbitrator's relationship with the parties or counsel301 the arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party2 the arbitrator currently represents or advises one of the parties or an affiliate of one of the parties3 the arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties354 the arbitrator is a lawyer in the same law firm which is representing one of theparties5 the arbitrator is a manager, director or part of the management, or has a similarcontrolling influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in the arbitration406 the arbitrator's law firm had a previous but terminated involvement in the casewithout the arbitrator being involved himself or herself7 the arbitrator's law firm currently has a significant commercial relationship with one of the parties or an affiliate of one of the parties8 the arbitrator regularly advises the appointing party or an affiliate of the appointing party even though neither the arbitrator nor his or her firm derives a significant financial income therefrom59 the arbitrator has a close family relationship with one of the parties and in the case of companies with the persons in the management and controlling the company10 a close family member of the arbitrator has a significant financial interest in one of the parties or an affiliate of one of the parties1011the arbitrator is a legal representative of an entity that is a party in the arbitration 12 the arbitrator is a manager, director or part of the management, or has a similar controlling influence in one of the parties13 the arbitrator has a significant financial interest in one of the parties or the outcome of the case1514 the arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the arbitrator or his or her firm derives a significant financial income therefrom relationship of the arbitrator to the dispute15 the arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an affiliate of one of the parties16 the arbitrator has previous involvement in the case20 arbitrator's direct or indirect interest in the dispute17 the arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one of the parties that is privately held18 a close family member of the arbitrator has a significant financial interest in the outcome of the dispute2519 the arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute previous services for one of the parties or other involvement in the case3020 the arbitrator has within the past three years served as counsel for one of the parties or an affiliate of one of the parties or has previously advised or been consulted by the party or an affiliate of the party making the appointment in an unrelated matter, but the arbitrator and the party or the affiliate of the party have no ongoing relationship3521 the arbitrator has within the past three years served as counsel against one of the parties or an affiliate of one of the parties in an unrelated matter22 the arbitrator has within the past three years been appointed as arbitrator on two or more occasions by one of the parties or an affiliate of one of the parties4023 the arbitrator's law firm has within the past three years acted for one of the parties or an affiliate of one of the parties in an unrelated matter without the involvement of the arbitrator24 the arbitrator currently serves, or has served within the past three years, as arbitrator in another arbitration on a related issue involving one of the parties or an affiliate of one of the parties relationship between an arbitrator and another arbitrator or counsel25 the arbitrator and another arbitrator are lawyers in the same law firm 26 the arbitrator was within the past three years a partner of, or otherwise affiliated with, another arbitrator or any of the counsel in the same arbitration527 a lawyer in the arbitrator's law firm is an arbitrator in another dispute involving thesame party or parties or an affiliate of one of the parties28 a close family member of the arbitrator is a partner or employee of the law firm representing one of the parties, but is not assisting with the dispute29 the arbitrator has within the past three years received more than three appointments by the same counsel or the same law firm10 relationship between arbitrator and party and others involved in the arbitration30 the arbitrator's law firm is currently acting adverse to one of the parties or an affiliate of one of the parties1531 the arbitrator had been associated within the past three years with a party or an affiliate of one of the parties in a professional capacity, such as a former employee or partner other circumstances32 the arbitrator holds shares, either directly or indirectly, which by reason of number or denomination constitute a material holding in one of the parties or an affiliate of one of the parties that is publicly listed2033 the arbitrator holds a position in an arbitration institution with appointing authority over the dispute34 the arbitrator is a manager, director or part of the management, or has a similar controlling influence, in an affiliate of one of the parties, where the affiliate is not directly involved in the matters in dispute in the arbitration25explanation 1—the term "close family member" refers to a spouse, sibling, child, parent or life partnerexplanation 2—the term "affiliate" encompasses all companies in one group of companies including the parent company30explanation 3—for the removal of doubts, it is clarified that it may be the practice incertain specific kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small, specialised pool if in such fields it is the custom and practice for parties frequently to appoint the same arbitrator in different cases, this is a relevant fact to be taken into account while applying the rules set out above the sixth schedule35[see section 12 (1)(b)]name: contact details: prior experience (including experience with arbitrations):40number of ongoing arbitrations:45circumstances disclosing any past or present relationship with or interest in any of the parties or in relation to the subject-matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to your independence or impartiality (list out): circumstances which are likely to affect your ability to devote sufficient time to the arbitration and in particular your ability to finish the entire arbitration within twenty-four months and render an award within three months (list out):5 the seventh schedule[see section 12 (5)] arbitrator's relationship with the parties or counsel1 the arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party102 the arbitrator currently represents or advises one of the parties or an affiliate of one of the parties3 the arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties4 the arbitrator is a lawyer in the same law firm which is representing one of the parties155 the arbitrator is a manager, director or part of the management, or has a similar controlling influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in the arbitration6 the arbitrator's law firm had a previous but terminated involvement in the case without the arbitrator being involved himself or herself207 the arbitrator's law firm currently has a significant commercial relationship with one of the parties or an affiliate of one of the parties258 the arbitrator regularly advises the appointing party or an affiliate of the appointing party even though neither the arbitrator nor his or her firm derives a significant financial income therefrom9 the arbitrator has a close family relationship with one of the parties and in the case of companies with the persons in the management and controlling the company10 a close family member of the arbitrator has a significant financial interest in one of the parties or an affiliate of one of the parties3011 the arbitrator is a legal representative of an entity that is a party in the arbitration 12 the arbitrator is a manager, director or part of the management, or has a similar controlling influence in one of the parties13 the arbitrator has a significant financial interest in one of the parties or the outcome of the case3514 the arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the arbitrator or his or her firm derives a significant financial income therefrom relationship of the arbitrator to the dispute15 the arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an affiliate of one of the parties16 the arbitrator has previous involvement in the case40 arbitrator's direct or indirect interest in the dispute17 the arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one of the parties that is privately held4518 a close family member of the arbitrator has a significant financial interest in the outcome of the dispute19 the arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the disputeexplanation 1—the term "close family member" refers to a spouse, sibling, child, parent or life partner5explanation 2—the term "affiliate" encompasses all companies in one group of companies including the parent company10explanation 3—for the removal of doubts, it is clarified that it may be the practice in certain specific kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small, specialised pool if in such fields it is the custom and practice for parties frequently to appoint the same arbitrator in different cases, this is a relevant fact to be taken into account while applying the rules set out above'ord 9 of 2015repeal and savings26 (1) the arbitration and conciliation (amendment) ordinance, 2015, is herebyrepealed15(2) notwithstanding such repeal, anything done or any action taken under the principalact, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act statement of objects and reasonsthe general law relating to arbitration is contained in the arbitration and conciliation act,1996 (hereinafter referred to as the act) the act, which is based on the uncitral model law on international commercial arbitration, as adopted in 1985 by the united nations commission on international trade law (uncitral), applies to both international as well to domestic arbitration2 the act was enacted to provide for speedy disposal of cases relating to arbitration with least court intervention with the passage of time, some difficulties in the applicability of the act have been noticed interpretation of the provisions of the act by courts in some cases have resulted in delay of disposal of arbitration proceedings and increase in interference of courts in arbitration matters, which tend to defeat the object of the act with a view to overcome the difficulties, the matter was referred to the law commission of india, which examined the issue in detail and submitted its 176th report on the basis of the said report, the arbitration and conciliation (amendment) bill, 2003 was introduced in the rajya sabha on 22nd december, 2003 the said bill was referred to the department-related parliamentary standing committee on personnel, public grievances, law and justice for examination and report the said committee, submitted its report to the parliament on 4th august, 2005, wherein the committee recommended that since many provisions of the said bill were contentious, the bill may be withdrawn and a fresh legislation may be brought after considering its recommendations accordingly, the said bill was withdrawn from the rajya sabha3 on a reference made again in pursuance of the above, the law commission examined and submitted its 246th report on "amendments to the arbitration and conciliation act,1996" in august, 2014 and recommended various amendments in the act the proposed amendments to the act would facilitate and encourage alternative dispute mechanism, especially arbitration, for settlement of disputes in a more user-friendly, cost effective and expeditious disposal of cases since india is committed to improve its legal framework to obviate in disposal of cases4 as india has been ranked at 178 out of 189 nations in the world in contract enforcement, it is high time that urgent steps are taken to facilitate quick enforcement of contracts, easy recovery of monetary claims and award of just compensation for damages suffered and reduce the pendency of cases in courts and hasten the process of dispute resolution through arbitration, so as to encourage investment and economic activity5 as parliament was not in session and immediate steps were required to be taken to make necessary amendments to the arbitration and conciliation act, 1996 to attract foreign investment by projecting india as an investor friendly country having a sound legal framework, the president was pleased to promulgate the arbitration and conciliation (amendment) ordinance, 20156 it is proposed to introduce the arbitration and conciliation (amendment) bill, 2015, to replace the arbitration and conciliation (amendment) ordinance, 2015, which inter alia, provides for the following, namely:—(i) to amend the definition of "court" to provide that in the case of international commercial arbitrations, the court should be the high court;(ii) to ensure that an indian court can exercise jurisdiction to grant interim measures, etc, even where the seat of the arbitration is outside india;(iii) an application for appointment of an arbitrator shall be disposed of by the high court or supreme court, as the case may be, as expeditiously as possible and an endeavour should be made to dispose of the matter within a period of sixty days;(iv) to provide that while considering any application for appointment of arbitrator, the high court or the supreme court shall examine the existence of a prima facie arbitration agreement and not other issues;(v) to provide that the arbitral tribunal shall make its award within a period of twelve months from the date it enters upon the reference and that the parties may, however, extend such period up to six months, beyond which period any extension can only be granted by the court, on sufficient cause;(vi) to provide that a model fee schedule on the basis of which high courts may frame rules for the purpose of determination of fees of arbitral tribunal, where a high court appoints arbitrator in terms of section 11 of the act;(vii) to provide that the parties to dispute may at any stage agree in writing that their dispute be resolved through fast track procedure and the award in such cases shall be made within a period of six months;(viii) to provide for neutrality of arbitrators, when a person is approached in connection with possible appointment as an arbitrator;(ix) to provide that application to challenge the award is to be disposed of by the court within one year7 the amendments proposed in the bill will ensure that arbitration process becomes more user-friendly, cost effective and lead to expeditious disposal of cases8 the bill seeks to replace the aforesaid ordinance new delhi; d v sadananda gowdathe 25th november, 2015 notes on clausesclause 2 of the bill seeks to amend section 2 of the arbitration and conciliation act, 1996(hereinafter referred to as the principal act) to re-define some of the expressions used in the act a proviso below sub-section (2) is inserted to provide that some of the provisions of part i of the act shall also apply to international commercial arbitration, even if the place of arbitration is outside indiaclause 3 of the bill seeks to amend clause (b) of sub-section (4) of section 7 of the principal act to expressly provide that arbitration agreement contained in the form of communication through electronic means shall also be treated as arbitration agreement in writingclause 4 of the bill seeks to amend section 8 of the principal act to specify that the judicial authority shall refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exits a proviso below sub-section (2) is inserted to provide that where the original arbitration agreement or certified copy thereof is not available with the party who apply under sub-section (1), and is retained by the other party, such party shall file a copy of the arbitration agreement along with application under sub-section (1) praying the court to call upon the other party to produce the original arbitration agreement or its duly certified copy before the courtclause 5 of the bill seeks to amend section 9 of the principal act to provide that where the court passes an order for any interim measure under sub-section (1) before the commencement of arbitral proceedings, the arbitral proceedings shall be commenced within a period of ninety days from the date of such order it further provides that once the arbitral tribunal is constituted, the court shall not entertain an application for interim measure unless it finds that circumstances which may not render the remedy provided under section 17 efficaciousclause 6 of the bill seeks to amend section 11 of the principal act to provide that appointment of arbitrator shall be made by the supreme court or the high court, as the case may be, instead of the chief justice of india or the chief justice of the high court subsection (6a) is inserted to provide that the supreme court or the high court while considering application under sub-section (4) to (6) shall confine to the examination of an arbitration agreement in sub-section (7), it is clarified that a decision on a matter entrusted under sub-section (4) to (6) shall be final and no appeal including letters patent appeal shall lie against such decision a new sub-section (13) is inserted to provide that an application for appointment of arbitrator(s) shall be disposed of as expeditiously as possible and an endeavor shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party a new sub-section (14) is inserted to empower the high court to frame rules for the purpose of determination of fees of the arbitral tribunal and the manner of such payment the high court while framing rules shall take into account the rates of fee specified in the fourth scheduleclause 7 of the bill seeks to insert a new section 11a in the principal act to empower the central government to amend the fourth schedule by notification in the official gazette after laying the same in draft form before each house of parliamentclause 8 of the bill seeks to amend section 12 of the principal act to ensure neutrality of arbitrators when a person is approached in connection with possible appointment of arbitrator, he is required to disclose in writing regarding existence of any relationship or interest of any kind which is likely to give rise to justifiable doubts he is also required to disclose any circumstances which are likely to affect his ability to devote sufficient time to the arbitration and complete the arbitration within the specified period a new sub-section (5) is inserted to the effect that a person having relationship as specified in the seventh schedule shall be ineligible to be appointed as an arbitratorclause 9 of the bill seeks to amend sub-section (1) of section 14 of the principal act to provide that on termination of mandate of an arbitrator, he is to be substituted by another arbitratorclause 10 of the bill seeks to amend section 17 of the principal act to provide that the arbitral tribunal shall have power to grant all kinds of interim measures which the court is empowered to grant under section 9 it further provides that such interim measures can be granted by the arbitral tribunal during the arbitral proceedings or at any time after making the arbitral award, but before it is enforced under section 36 sub-section (2) is amended to provide that, any order issued by the arbitral tribunal for grant of interim measures shall be deemed to be an order of the court for all purposes and shall be enforceable under the code of civil procedure, 1908 in the same manner as if it were an order of the courtclause 11 of the bill seeks to insert a new sub-section (2a) in section 23 of the principal act to provide that the respondent, in support of his case, may also submit a counterclaim or a set-off, if such counterclaim or set-off falls within the scope of the arbitration agreementclause 12 of the bill seeks to insert a proviso in sub-section (1) of section 24 of the principal act to provide that the arbitral tribunal shall hold oral hearing for the presentation of evidence or oral arguments on the day-to-day basis and shall not grant any adjournments without any sufficient causeclause 13 of the bill seeks to amend section 25 of the principal act so as to treat the right of the respondent to file the statement of defence to have been forfeited, if the respondent fails to communicate such statement in accordance with sub-section (1) of section 23 without reasonable causeclause 14 of the bill seeks to insert a new sub-section (3) in section 28 of the principal act to provide that the arbitral tribunal while deciding and making an award, take into account the terms of the contract and trade usages applicable to the transaction clause 15 of the bill seeks to insert new sections 29a and 29b in the principal act to specify the time limit for making arbitral award section 29a provides that the award is to be made within a period of twelve months from the date the arbitral tribunal enters upon the reference however, the parties may extend such period for a further period not exceeding six months if the award is made within a period of six months, the arbitral tribunal shall be entitled to received additional fees as the parties agree if the award is not made within specified period or extended period, the mandate of the arbitrator shall terminate unless the time is extended by the court in accordance with the provisions of sub-sections (4) to (9)further, section 29b provides for fast track procedure for conducting arbitral proceedings, in cases where the parties mutually agree for such procedure in such cases, the arbitral tribunal shall decide the dispute on the basis of written pleadings, documents and written submission and shall not hold oral hearing the award is to be made within a period of six months from the date the arbitral tribunal enters, failing which the provisions of sub-sections (3) to (9) of section 29a shall applyclause 16 of the bill seeks to amend section 31 of the principal act by substituting clause (b) of sub-section (7) to provide that a sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of two per cent higher than the current rate of interest prevalent on the date of award, from the date of award to the date of payment it further seeks to substitute sub-section (8) of the said section to provide that the costs of an arbitration shall be fixed by the arbitral tribunal in accordance with section 31a clause 17 of the bill seeks to insert a new section 31a in the principal act to provide in detail provisions related to regime of costs which may be determined and ordered by the court or arbitral tribunal in relation to any arbitral proceedings or any proceedings under the actclause 18 of the bill seeks to amend section 34 of the principal act to provide for explanation to the term 'public policy of india' in sub-clause (ii) of clause (b) of sub-section(2) to the effect that an arbitral award shall be treated as an award in conflict with the public policy of india only where making of award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or is in contravention with the fundamental policy of indian law; or it is in conflict with the most basic notions of morality or justice explanation 2 is inserted to explain that the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute a new sub-section (2a) is inserted to provide an additional ground of patent illegality to challenge the arbitral award arising out of arbitrations other than international commercial arbitrations sub-section (5) is inserted to provide that an application for setting aside of award under this section is to be filed after issuing prior notice to the other party subsection (6) is inserted to prescribe a period of one year for disposal of an application for setting aside an arbitral awardclause 19 of the bill seeks to amend section 36 of the principal act relating to enforcement of award to the effect that mere filing of application under section 34 for setting aside arbitral award would not render that award unenforceable unless the court grants an order of stay on the operation of the said award on a separate application made for that purposeclause 20 of the bill seeks to amend section 37 of the principal act so as to include the order refusing to refer the parties to arbitration under section 8 also appealableclause 21 of the bill seeks to substitute the explanation in section 47 of the principal act to provide that the court referred to in that section to mean the high courtclause 22 of the bill seeks to amend section 48 of the principal act to provide for explanation to the term 'public policy of india' in clause (b) of sub-section (2), by amending the existing explanation, to the effect that an arbitral award is in conflict with the public policy of india only if the making of award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or is in contravention with the fundamental policy of indian law; or it is in conflict with the most basic notions of morality or justice explanation 2 is inserted to explain that the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the disputeclause 23 of the bill seeks to substitute the explanation in section 56 of the principal act to provide that the court referred to in that section to mean the high courtclause 24 of the bill seeks to amend section 57 of the principal act to provide for explanation to the term 'public policy of india' in clause (e) of sub-section (1) by amending the existing explanation to the effect that an arbitral award is in conflict with the public policy of india only if the making of award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or is in contravention with the fundamental policy of indian law; or it is in conflict with the most basic notions of morality or justice explanation 2 is inserted to explain that the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the disputeclause 25 of the bill seeks to insert the fourth, fifth, sixth and seventh schedules in the principal actclause 26 of the bill seeks to repeal the arbitration and conciliation (amendment)ordinance, 2015 memorandum regarding delegated legislationclause 6 of the bill make provisions for amending section 11 of the principal act relating to appointment of arbitrators sub-clause (ix) of the said clause provides for insertion of a new sub-section (14) in the said section empowering the high court to frame such rules as may be necessary for the purpose of determination of the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, after taking into consideration the rates specified in the fourth schedule2 clause 7 of the bill provides for insertion of a new section 11a and sub-section (1) of the said section empowers the central government to amend the fourth schedule by notification in the official gazette, if it is satisfied that it is necessary or expedient so to do, and thereupon the fourth schedule shall be deemed to have been amended accordingly sub-section (2) of the said section provides that every notification proposed to be issued under sub-section (1), shall be laid in draft before each house of parliament3 the matters in respect of which notification or order may be made under the aforesaid provisions are matters of administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative powers is, therefore, of a normal character annexure extracts from the arbitration and conciliation act, 1996 (26 of 1996) part i arbitration chapter i general provisionsdefinitions2 (1) in this part, unless the context otherwise requires,— (e) ''court'' means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes;(f) ''international commercial arbitration" means an arbitration relating to disputes arising out of legal relationships, whether contractural or not, considered as commercial under the law in force in india and where at least one of the parties is— (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than india; or (2) this part shall apply where the place of arbitration is in india chapter ii arbitration agreement7 (1) arbitration agreement(4) an arbitration agreement is in writing if it is contained in— (b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or 8 (1) a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration(2) the application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereofpower to refer parties to arbitration where there is an arbitration agreement 9 a party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court—interim measures, etc, by court(i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or(ii) for an interim measure of protection in respect of any of the following matters, namely:—(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;(b) securing the amount in dispute in the arbitration; (c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;(d) interim injunction or the appointment of a receiver; (e) such other interim measure of protection as may appear to the court to be just and convenient, and the court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it 11 (1) appointment of arbitrators(4) if the appointment procedure is sub-section (3) applies and—(a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or(b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment, the appointment shall be made, upon request of a party, by the chief justice or any person or institution designated by him(5) failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the chief justice or any person or institution designated by him(6) where, under an appointment procedure agreed upon by the parties,—(a) a party fails to act as required under that procedure; or (b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, a party may request the chief justice or any person or institution designated by him to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment(7) a decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the chief justice or the person or institution designated by him is final(8) the chief justice or the person or institution designated by him, in appointing an arbitrator, shall have due regard to—(a) any qualifications required of the arbitrator by the agreement of the parties; and(b) other considerations as are likely to secure the appointment of an independent and impartial arbitrator (9) in the case of appointment of sole or third arbitrator in an international commercial arbitration, the chief justice of india or the person or institution designated by him may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities(10) the chief justice may make such scheme as he may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub-section (6) to him(11)where more than one request has been made under sub-section (4) or sub-section (5) or sub-section (6) to the chief justices of different high courts or their designates, the chief justice or his designate to whom the request has been first made under the relevant sub-section shall alone be competent to decide on the request(12) (a) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and (10)arise in an international commercial arbitration the reference to ''chief justice'' in those sub-sections shall be construed as a reference to the ''chief justice of india''(b) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and (10) arise in any other arbitration, the reference to ''chief justice'' in those sub-sections shall be construed as a reference to the chief justice of the high court within whose local limits the principal civil court referred to in clause (e) of sub-section (l) of section 2 is situate and, where the high court itself is the court referred to in that clause, in the chief justice of that high courtgrounds for challenge12 (1) when a person is approached in connection with his possible appointment asan arbitrator, he shall disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence or impartiality 14 (1) the mandate of an arbitrator shall terminate if—failure orimpossibility to act(a) he becomes de jure or de facto unable to perform his functions or for otherreasons fails to act without undue delay; and(b) he withdraws from his office or the parties agree to the termination of hismandate17 (1) unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the disputeinterim measures ordered by arbitral tribunal(2) the arbitral tribunal may require a party to provide appropriate security in connection with a measure ordered under sub-section (1)hearings and written proceedings24 (1) unless otherwise agreed by the parties, the arbitral tribunal shall decide whetherto hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials:provided that the arbitral tribunal shall hold oral hearings, at an appropriate stage ofthe proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held 25 unless otherwise agreed by the parties, where, without showing sufficient cause,—default of a party(b) the respondent fails to communicate his statement of defence in accordance with sub-section (1) of section 23, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant; chapter vi making of arbitral award and termination of proceedings28 (1) rules applicable to substance of dispute(3) in all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction 31 (1) (7) (a) form and contents of arbitral award(b) a sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of eighteen per centum per annum from the date of the award to the date of payment(8) unless otherwise agreed by the parties,—(a) the costs of an arbitration shall be fixed by the arbitral tribunal; (b) the arbitral tribunal shall specify—(i) the party entitled to costs, (ii) the party who shall pay the costs, (iii) the amount of costs or method of determining that amount, and (iv) the manner in which the costs shall be paidexplanation—for the purpose of clause (a), ''costs'' means reasonable costs relating to—(i) the fees and expenses of the arbitrators and witnesses, (ii) legal fees and expenses, (iii) any administration fees of the institution supervising the arbitration, and(iv) any other expenses incurred in connection with the arbitral proceedings and the arbitral award chapter vii recourse against arbitral award34 (1) (2) an arbitral award may be set aside by the court only if—application for setting aside arbitral award(b) the court finds that—(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or(ii) the arbitral award is in conflict with the public policy of indiaexplanation—without prejudice to the generality of sub-clause (ii), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of india if the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81\| \|\|--------------\|\| enforcement \|\| 5 of 1908 \|36 where the time for making an application to set aside the arbitral award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the code of civil procedure, 1908 in the same manner as if it were a decree of the court chapter ix appealsappealable orders37 (1) an appeal shall lie from the following orders (and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order, namely:—(a) granting or refusing to grant any measure under section 9; (b) setting aside or refusing to set aside an arbitral award under section 34\| \| \| \| \| \|\|-----------\|-----\|-----\|-----\|-----\|\| evidence \| \| \| \| \|\| 47 \| ( \| 1 \| ) \| \|(2) if the award or agreement to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into english certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in indiaexplanation—in this section and all the following sections of this chapter, ''court''means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction over the subject-matter of the award if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes\| 48 \| (1) \| \| \| \| \| \|\|-------\|--------\|-------\|------\|------\|------\|-----\|(2) enforcement of an arbitral award may also be refused if the court finds that—conditions for enforcement of foreign awards(a) the subject-matter of the difference is not capable of settlement by arbitration under the law of india; or(b) the enforcement of the award would be contrary to the public policy of indiaexplanation—without prejudice to the generality of clause (b), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of india if the making of the award was induced or affected by fraud or corruption evidence56 (1) the party applying for the enforcement of a foreign award shall, at the time ofapplication produce before the court—(a) the original award or a copy thereof duly authenticated in the manner requiredby the law of the country in which it was made;(b) evidence proving that the award has become final; and(c) such evidence as may be necessary to prove that the conditions mentioned in clauses (a) and (c) of sub-section (1) of section 57 are satisfied (2) where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into english certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in indiaexplanation—in this section and all the following sections of this chapter, ''court''means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction over the subject-matter of the award if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes57 (1) in order that a foreign award may be enforceable under this chapter, it shall be necessary that—conditions for enforcement of foreign awards(a) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;(b) the subject-matter of the award is capable of settlement by arbitration under the law of india;(c) the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;(d) the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;(e) the enforcement of the award is not contrary to the public policy or the law of india explanation—without prejudice to the generality of clause (e), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of india if the making of the award was induced or affected by fraud or corruption ———— a billto amend the arbitration and conciliation act, 1996————	Parliament_bills	d2cda982-4bf5-5de2-90a8-926bed07e497
bill no 101 of 2006 the cable television networks (regulation) amendment bill, 2006 a billfurther to amend the cable television networks (regulation) act, 1995be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title1 this act may be called the cable television networks (regulation) amendment act, 20062 in the cable television networks (regulation) act, 1995, in section 8, for subsections (1) and (2), the following sub-sections shall be substituted, namely:—amendment of section 8 of act 7 of 1995"(1) every cable operator shall re-transmit,—(i) channels operated by or on behalf of parliament in the manner and name as may be specified by the central government by notification in the official gazette;(ii) at least two doordarshan terrestrial channels and one regional language channel of a state in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies(2) the channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels" statement of objects and reasonsthe cable television networks (regulation) act, 1995 was amended with effect from the 1st september, 2000 to provide for compulsory transmission of doordarshan channels section 8 of the said act was amended and by a notification dated the 25th february, 2005 issued by doordarshan it was stipulated, inter alia, that cable operators in all states and union territories of india shall also re-transmit dd - lok sabha channel and dd - rajya sabha channel in non-prime band on their cable network2 earlier, the lok sabha secretariat had approached the ministry of information and broadcasting for permission to uplink the lok sabha and rajya sabha channels from india and this permission was granted to them in december, 2005 as the "sansad television network lok sabha channel" and the "sansad television network rajya sabha channel" are independent of doordarshan, there is no statutory provision regarding compulsory re-transmission of these channels by the cable operators now, it is proposed to amend section 8 of the cable television networks (regulation) act, 1995 so as to make it compulsory for every cable operator to re-transmit channels transmitted by parliament of india in the manner and the name as may be specified by the central government by notification in the official gazette3 the bill seeks to achieve the aforesaid objectspriyaranjan dasmunsinew delhi;the 23rd november, 2006 memorandum regarding delegated legislationclause 2 of the bill seeks to substitute sub-section (1)(i) of section 8 which empowers the central government to specify by notification in the official gazette the manner and name of the channels operated by or on behalf of parliament in order to keep flexibility for a change of name or the manner of re-transmission of channels depending upon the requirement at the time, it is not practicable to specify the name or frequency bands in the bill itself2 the delegation of legislative power is, therefore, of a normal character annexure extract from the cable television networks (regulation) act, 1995 (7 of 1995) 36 of 20008 (1) every cable operator shall, from the commencement of the cable television networks (regulation) amendment act, 2000, re-transmit at least two doordarshan terrestrial channels and one regional language channel of a state in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequenciescompulsory transmission of doordarshan channels(2) the doordarshan channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels lok sabha———— a bill further to amend the cable television networks (regulation) act, 1995————(shri priyaranjan dasmunsi, minister of parliamentary affairs and information and broadcasting)mgipmrnd—4409ls(s5)—15122006	Parliament_bills	be9c22cf-7bdb-5d9c-aad6-71148de5ba67
bill no 216 of 2016 the factories (amendment) bill, 2016 a billfurther to amend the factories act, 1948be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the factories (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 263 of 19482 in the factories act, 1948 (hereinafter referred to as the principal act), in section 2, in clause (p), for the words "state government", the words "central government or, as the case may be, the state government" shall be substituted3 in section 64 of the principal act,—amendment of section 6410(a) for the words "state government" wherever they occur, the words "centralgovernment or, as the case may be, the state government" shall be substituted;(b) in sub-section (4), in clause (iv), for the word "fifty", the words "one hundred"shall be susbstituted;(c) in sub-section (5), for the words "rules made", the words, brackets and figures "rules made before the commencement of the factories (amendment) act, 2016" shall be substituted4 in section 65 of the principal act,—amendment of section 655(a) for the words "state government" wherever they occur, the words "central government or, as the case may be, the state government" shall be substituted;(b) in sub-section (3), in clause (iv), for the word "seventy-five", the words "one hundred and fifteen" shall be substituted;10(c) after sub-section (3) and before the explanation, the following proviso shall be inserted, namely:—"provided that the central government or the state government or the chief inspector with the prior approval of the state government, as the case may be, may, by order, further extend the total number of hours of overtime work in any quarter up to one hundred and twenty-five in the public interest"15amendment of section 1155 in section 115 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—"(2) every rule made by the central government or the state government under this act shall be laid, as soon as may be after it is made, before parliament or, as the case may be, the state legislature" statement of objects and reasonsthe factories act was enacted in 1948 it's main object is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories the act has been amended the years 1949, 1950, 1951, 1954, 1970 and 1976 the last amendment to the factories act, 1948 was made in the year 1987, wherein a separate chapter was inserted relating to hazardous process2 there have been several developments over the last twenty years every since the last amendment was made these include changes in the manufacturing practices and emergence of new technologies, ratification of ilo conventions, judicial decisions, recommendations of the committees and decisions taken in the conferences of chief inspectors of factories in order to give effect to those changes, a comprehensive factories (amendment) bill, 2014 including the amendments presently proposed to sections 64 and 65 of the said act, was introduced in lok sabha on 7th august, 2014 the said bill was referred to the department-related parliamentary standing committee on labour for examination and report, which presented its report on the said bill on 22nd december, 2014 to parliament, which is under examination3 since consideration and passing of the aforesaid bill in parliament may take some more time, with a view to boost the manufacturing sector and to facilitate ease of doing business so as to enhance employment opportunities, it has been decided to amend sections 64 and 65 of the factories act, 1948 urgently to extend the total number of hours of work on overtime the salient features of the factories (amendment) bill, 2016 inter alia, are to—(a) enhance the limit of overtime hours from the present limit of fifty hours per quarter to one hundred hours per quarter under section 64;(b) further increase the limit of overtime hours to maximum of one hundred and twenty-five hours per quarter in public interest under section 65;(c) empower the central government, in addition to the state governments, to make exempting rules and exempting orders in respect of total number of hours of work on overtime in a quarter, which would ensure uniformity in its application by various state governments and union territories 4 the need for increasing the total number of hours of work on overtime in quarter is based on the demand from industries so that factories can carry out the work on urgent basis5 the bill seeks to achieve the above objectsnew delhi;bandaru dattatreyathe 18th august, 2016 memorandum regarding delegated legislationclause 2 and 3 of the bill empower the central government, in addition to the state government, to make exempting rules and exempting orders provided under section 64 and section 65 of the act regarding permitting workers to work on overtime subject to certain conditions2 the matters in respect of which rules and orders may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the factories act, 1948 (63 of 1948) interpretation2 in this act, unless there is anything repugnant in the subject of context,— (p) "prescribed" means prescribed by rules made by the state government under this act; power to make exempting rules64 (1) the state government may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the chief inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the chief inspector, such person holds such position or is so employed, and the provisions of this chapter, other than the provisions of clause (b)of sub-section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined or declared:4 of 1936provided that any person so defined or declared shall, where the ordinary rate of wages of such person does not exceed the wage limit specified in sub-section (6) of section 1 of the payment of wages act, 1936, as amended from time to time, be entitled to extra wages in respect of overtime work under section 59(2) the state government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed—(a) of workers engaged on urgent repairs, from the provisions of sections 51, 52,54, 55 and 56;(b) of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, from the provisions of sections 51, 54, 55 and 56;(c) of workers engaged in work which is necessary so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 56;(d) of workers engaged in any work which for technical reasons must be carried on continuously from the provisions of sections 51, 52, 54, 55 and 56;(e) of workers engaged in making or supplying articles of prime necessity which must be made or supplied every day, from the provisions of section 51 and section 52;(f) of workers engaged in a manufacturing process which cannot be carried on except during fixed seasons, from the provisions of section 51, section 52 and section 54;(g) of workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces, from the provisions of sections 52 and 55;(h) of workers engaged in engine-rooms or boiler-houses or in attending to power-plant or transmission machinery, from the provisions of section 51 and section 52;(i) of workers engaged in the printing of newspapers, who are held up of account of the breakdown of machinery, from the provisions of sections 51, 54 and 5625 of 1867explanation—in this clause the expression "newspapers" has the meaning assigned to it in the press and registration of books act, 1867;(j) of workers engaged in the loading or unloading of railway wagons or lorries or trucks, from the provisions of sections 51, 52, 54, 55 and 56;(k) of workers engaged in any work, which is notified by the state government in the official gazette as a work of national importance, from the provisions of section 51, section 52, section 54, section 55 and section 56 (3) rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the state government may deem to be expedient, subject to such conditions as it may prescribe(4) in making rules under this section, the state government shall not exceed, except in respect of exemption under clause (a) of sub-section (2), the following limits of work inclusive of overtime:— (iv) the total number of hours of overtime shall not exceed fifty for any one quarter explanation—"quarter" means a period of three consecutive months beginning on the 1st of january, the 1st of april, the 1st of july or the 1st of october(5) rules made under this section shall remain in force for not more than five year power to make exempting orders65 (1) where the state government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work(2) the state government or, subject to the control of the state government, the chief inspector, may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work(3) any exemption granted under sub-section (2) shall be subject to the following conditions, namely:— (iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five explanation—in this sub-section "quarter" has the meaning as in sub-section (4) of section 64 115 (1) publication of rules(2) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature ———— a billfurther to amend the factories act, 1948————[shri bandaru dattatreya, minister of state (independent charge) labour and employment]gmgipmrnd—2295ls(s3)—08-08-2016	Parliament_bills	486d7a86-8856-5a35-b440-89cfc6d98892
(540f 2000) ; chapter ill management or centra roap funp9 (f) the central government shall have the power to administer the fund and shall— powers of central government to administer + the fund administration of states' share of the fund i1 (1) the share of the fund to be spent on development and maintenance of roads, other than national highways, as specified under sub-clause (4) of clause (viii) of section 10, after deducting the reserve kept by the central government for state road schemes of inter-state and economic importance, shall be allocated to various states and union territories in such manner as may be decided by the central government (2) the portion of the fund allocated for expenditure in the various states and union territories shall be retained by the central government until it is actually required for expenditure (3) if in the opinion of the central government, the government of any state or the administration of any union territory has at any time— (a) failed to take such steps as the central goverament may recommend for the regulation and control of motor vehicles within the state or the union territory; or (6) delayed without reasonable cause the application of any portion of the fund allocated or re-allocated, as the case may be, for expenditure within the state or union territory, the central government may resume the whole or part of any sums which it may have at that time held for expenditure in that state or the union territory (4) ail sums resumed by the central government from the account of any state government or union territory administration as aforesaid shal! be re-allocated between the credit accounts of the defaulting and other state governments and union territory administrations in the ratio of the main allocation for the financial year preceding thie year in which the re-allocation is made (5) the balance to the credit of the fund isi respect of any allocation shall not lapse at the end of the financial year = a bill further to amend the central road fund act, 2000(shri tr baalu, minister of shipping, road transport and highways) mgipmrnd—4354ls(s85}— 14-12-2006	Parliament_bills	b42bcfa0-052e-5270-bce0-8560e1a125c7
bill no xlvi of 2006 the girl child (compulsory basic education) bill, 2006 a billto provide for the compulsory basic school level education for the girl child free of cost in order to eradicate their illiteracy and for deterrent punishment for those who prevent the girl child from going to school and pursuing her studies in any manner and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1)this act may be called the girl child (compulsory basic education) act, 2006(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government of that state and in other cases the central government;(b) "basic education" means education in a school up to senior secondary level or twelfth standard or class;(c) "girl child" means any female human being who is below the age of eighteen years;(d) "parent" in relation to a girl child include her father and mother, guardian and every person who has the actual custody of the girl child for the time being;(e) "prescribed" means prescribed by rules made under this act3 (1) notwithstanding any custom, usage or belief of any section of the society, every parent shall compulsorily admit his girl child in a school, on completion of five years of age in order to enable her to get basic education and shall not restrain her in any manner from attending the schoolparents to compulsorily admit the girl child in school for basic education(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this act4 for the purposes of section 3 no parent or person shall engage a girl child in any household chore or employ a girl child in a manner which may prevent the girl child from attending her school and deprive her from basic education5 (1) the appropriate government shall provide free and compulsory education to every girl child who is ordinarily residing within its territorial jurisdictionprohibition of employing girl child hampering her school education appropriate government to provide free and compulsory education to girl child(2) for the purposes of sub-section (1) the appropriate government shall establish such number of schools within its territorial jurisdiction as it may deem necessary and for the physically challenged girl child shall establish special schools at such place or places as the appropriate government may deem necessary with such facilities as may be prescribed(3) if any girl child intends to pursue higher studies beyond the basic education stage, the appropriate government shall provide free higher education to such girl child(4) the appropriate government shall also provide training to the girl child in vocations like home science, doll making, tailoring, painting, knitting, weaving, food preservation, beautician, interior decoration, nursing, computer education, etc for her development6 the central government shall, after due appropriation made by law by parliament in this behalf, provide necessary funds, from time to time, for the purposes of this actcentral government to provide necessary fundspenalty7 (1) if any parent of a girl child, for any reason whatsoever, does not admit, prevents, restrains or in any manner obstructs the girl child from receiving basic education, he shall be liable to simple imprisonment for a term which may extend to six months and also with a fine which may extend to twenty thousand rupees(2) whoever employs a girl child resulting in obstructing her from attending the schoolfor basic education shall be liable to imprisonment for a term which shall not be less than two years but may extend to five years and also with fine which may extend to one lakh rupees2 of 1974offences to be cognizable8 notwithstanding anything contained in the code of criminal procedure, 1973 theoffences under this act shall be cognizableact to have overriding effect9 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law applicable to the girl childpower to make rules10 the central government may, by notification in the official gazette, make rules forcarrying out the provisions of this act statement of objects and reasonsit is awesome and pitable that even in this age of scientific advancements, modernization and progress in all walks of life, the girl child is the most neglected and unwanted in the world and more so in our country most of the families do not want to have a daughter the girl is killed in the womb of her mother itself if the female foetus is detected in the sex determination tests, which are conducted illegally on a very large sale throughout the country the latest census (2001) has revealed a stunning fact about the steep decline in male-female ratio in the country and more so in the northern and western stakes where the female ratio has declined to the dangerous levels further, the hapless girl child is consistently neglected in many homes the condition of girl child in the orthodox families particularly in rural and tribal areas is the worst while the boy gets the best of attention, the girl is generally neglected every family tries to send the boy to the best school but the girl is not sent for school education girls are denied even the basic schooling they are forced to do the household chores and married off at a very tender age in the cities the poor girls can be seen working as maids in households which, in fact, is their school going age in the cities and metropolitans many families give equal treatment to the girl child and in some rare cases the girl child is given more weightage and facilities, love and care but their percentage is negligible majority of girls remain illiterate and exploited throughout their lives this leads to further illiteracy among the future generation of the girl child and this vicious cycle goes onhence it has become necessary to take some drastic steps by making basic education compulsory and mandatory so as to remove illiteracy amongst the girl child if the girl child becomes literate she will not allow her children later to remain illiterate this will eradicate illiteracy from the country it is therefore, proposed in this bill that the parents must send the girl child to school for basic education otherwise they should be punished the government too should open adequate number of schools for the girls and provide necessary facilities in such schools this will have the desired results and illiteracy amongst the girl child will be eradicated very soonhence this billsushma swaraj financial memorandumclause 5 of the bill provides for free and compulsory education to girl child by opening schools, special schools, etc clause 6 provides that central government shall provide necessary funds for the purposes of the bill the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two thousand crore may involve as recurring expenditure per yeara sum of rupees five thousand crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the provisions of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character rajya sabha———— abillto provide for the compulsory basic school level education for the girl child free of cost inorder to eradicate their illiteracy and for deterrent punishment for those who prevent the girl child from going to school and pursuing her studies in any manner and for matters connected therewith and incidental thereto————(shrimati sushma swaraj, mp)mgipmrnd—1770rs(s-4)—28-07-2006	Parliament_bills	dcceeb81-fcb3-59f0-8f21-be651edb0552
bill no 31 of 1981 the appropriation (railways) no2 bill, 1981 a bill-to authorise pgj/ment and appropriation &f certain further iu"" from and out of tlhe consolidated fund of india fen' the ~ c1f the financial year 1980-81 for ~e purpose, of railwgf/" be it enacted by parliament in the thirty-second year of the republic of india as follows: - short title 1 this act may be called the appropriation (rauways) no z ket, 1981 ~ ~ z from and out of the consolidated fund of india there may tie paid and applied sums not exceeding those specifted in column 3 df the schedule amounting in the aggregate to the sum of two hundred and !fix crore, seventy-one lakhs and twenty-eight thouiand rupeei ~ari!j defraying the several charges which will come in course of payment 10 during the financial year 1980-81, in respect of the service relating to railways specified in column 2 of the schedule iuueof rs208, 71,,000 out of the codlolidated fund of india for the ftnancfai )'ear it80-81 i the inina authorised to be paid and applied from ud out of the appro-consolidated fund of india by this act shall be appropriated for the prtation eerv1ces and purposes expressed in the schedule in relation to the said is year sections 2 and 3]\| swliii \| dot \| exceeding \|\|--------------------------\|-------------\|------------------------\|\| services and purposes \| \| \|\| 5 \| \| \|\| no \| \| \|\| of \| \| \|\| vote \| \| \|\| vo~~~-i \| \| \|\| charged \| \| \|\| on \| \| \|\| ~ \| \| \|\| parliament \| \| \|\| the \| \| \|\| conso- \| \| \|\| i \| \| \|\| total \| \| \|\| udate<! \| fund \| \|\| lu \| \| \|\| lu, \| \| \|\| / \| \| \|\| general superintendence \| \| \|\| and \| services \| \|\| 4t \| \| \|\| 1 \| \| \|\| 7 \| \| \|\| iz \| \| \|\| 9,000 \| \| \|\| 10 \| \| \|\| 3 \| \| \|\| 4 \| \| \|\| repairs \| and \| maintenance of perrna- \|\| :lent way \| \| \|\| and \| works \| \|\| 8,1407 \| \| \|\| 8,000 \| \| \|\| 8,1565,000 \| \| \|\| 5 \| \| \|\| repairs \| \| \|\| and \| maintenance \| of \|\| power \| \| \|\| motive \| \| \|\| i\!'j \| \| \|\| ~'j \| \| \|\| d'; \| \| \|\| ,i,', \| \| \|\| ia \| \| \|\| 6 \| \| \|\| &ljil(l'8d, \| \| \|\| m';ptcqpnce \| \| \|\| or \| \| \|\| carriages \| \| \|\| and \| w1l,b0ns \| \|\| i \| :; \| \|\| ,1 \| \| \|\| 11 \| \| \|\| ~[ \| ~~ \| \|\| , \| \| \|\| h \| \| \|\| (~ \| \| \|\| \| i \| \|\| i \| \| \|\| i,79o!i7<k?? \| ) \| \|\| j) \| \| \|\| i '" i \| \| \|\| 7 \| \| \|\| repairs \| and \| maintenance \|\| equipment \| \| \|\| 8 \| operating \| expcnses--rolling \|\| and \| equipment \| \|\| 38,000 \| 20 \| \|\| 7,~o'pll,q4lo; \| \| \|\| l \| \| \|\| 9 \| \| \|\| ,q~tingi~xpen~es--t~tch! \| \| \|\| ;'\'1'\, \| \| \|\| 1,~~,q~?-oq, \| \| \|\| 94, \| 1'mlij,oeo \| ;) \|\| oper~g~ \| ~~~l"'·l \| \|\| "i'i'\ \| " \| \|\| mm \| •• \| \ \|\| staff welfare \| and \| amenidell \|\| r' \| \| \|\| nl1 \| \' \| ' \|\| 'i" \| \| \|\| ~", \| \| \|\| 10 \| \| \|\| \| \| \|\| provident fund, pension \| \| \|\| and \| \| \|\| other \| \| \|\| retirement \| \| \|\| benefits \| \| \|\| 16 \| \| \|\| '~ \| \| \|\| i',; \| ' ,[ \| \|\| 13 \| \| \|\| j \| \| \|\| ,ii694000 \| \| \|\| kr;' \| \| \|\| ")i~ \| \| \|\| ''',("0 \| \| \|\| 1;r~:)it( \| \| \|\| 'i) \| \| \|\| /;i: \| \| \|\| rf~~m;,,·ft"'·"p'? \| \| \|\| j \| \| \|\| !ii \| \| \|\| mi~8,oprp \| \| \|~)~::;t '--"=-;:-,--'f"-:-i-i-ii-'- ,"""-,'-' statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government on railways, for the financial year 1980-81 kedar pandey " president's recommendaticdn under article 117 of the constitution of india i[copy of' letter no 81-b-402;' dated the 5d1 m,;,rch, 1981froni'$hri 't '" _ii·· " i kedar pandey, minlster of railways' to tlle ~ecretary, lok' sabhal ' the president, having been informed of the subject matter of the proposed appropriation bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the supplementary grants made by lok sabha, for 1980-81, recommends under clauses (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabha of the appropriation bill a billto authorise payment and awropriation of certain further swns from and out of the consolidated fund of india for the services of the ftdancial year 1980-81 for the purposes of railways (shri kedar pandbli, j4tni,ater ot ra41wgfi')	Parliament_bills	dea74dcc-0273-5a40-9a95-9d03f6454057
financial memorandumclause 2 of the bill defines a registered consumers' association as per the provision made in clause 3 of the bill, an individual consumer as well \| as the registered consumers' associations will have a statutory right to make a complaint and to be heard as regards any restrictive trade practice by which he or the association is aggrieved similarly, as per clause 5 of the bill, such a consumer or association would have a statutory right to make a complaint and to be heard as regards any unfair trade practice by which he or the association is affected at present, the commission is not bound to entertain any such complaint or to institute formal enquiry proceedings in order to give real protection to the consumer, it is also not expected that the consumer from all over the country should travel to delhi to pursue their complaints and to be present to participate in the proceedings at delhi since large number of individual complaints are expected to be filed and these complaints are to be converted into formal enquiries, it will be necessary for the commission to set up benches, at least to begin with, at delhi, bombay, calcutta and madras it may also be necessary for the commission to have circut benches to sit at other state headquarters as per present section 5 of the act, the commission may consist of the chairman and eight other members however, the commission's present strength is the chairman and three members within the maximum strength already fixed under section 5, it is proposed to appoint five additional members with necessary complement of staff including the staff required for the court room the recurring and non-recurring expenditure from the consolidated fund of india which would be involved in giving effect to the provisions of the billi, if it is enacted, would be of the order of rs 51,30,000 as detailed below: 1 recurring expenditure on pay and allowances and contingencies —rs 43,30,000 2 non-recurring expenditure for accommodation, furniture, stationery, etc —rs 8,00,000 : total —rs 51,30,000 2 the bill, if enacted, will not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationclause (2) of the bill proposes to insert a definition of registered consumers' association the said association will be recognised by the central goverriment on an application made to it in such form and in such manner as may be laid down by the rules made under the monopolies and restrictive trade practices act, 1969 2 the matters in respect of which the said rules may be made are essentially matters of detail or procedure the delegation of legislative power is, therefore, of a normal character{ moltaiion cet olmmod mor ot muthatomem = :10,the commission may inquire into— ic (a) any restrictive trade practice— inquiry into mono polistic (4) upon receiving a complaint of facts which constitute such _practice from any trade or consumers' association having a mem- _ bership of not less than twenty-five persons or from twenty-five 'or more consumers, or \| \| a \|\|------------\|------\|\| or \| res- \|\| trictive \| \|\| trade \| \|\| practices \| \|\| by \| com \|\| mission, \| \|\| investiga- \| \|\| tion \| by \|\| director \| \|\| general \| \|\| before \| \|\| issue \| of \|\| process \| in \|\| certain \| \|11 (1) where any complaint is received by the commission under subclause (i) of clause (a) of section 10, it may, before issuing any process requiring the attendance of the person complained against, by an order, require the director general to make, or cause to be made, a preliminary investigation in such manner as it may direct and submit a report to the commission to enable it to satisfy itself as to whether or not the complaint requires to be inquired into cases 36b the commission may inquire into any unfair trade practice,—(a) upon receiving a complaint of facts which constitutes such practice from any trade or consumers' association having a five or more consumers; or inquiry into un fare trade practices by commission, (b) upon a reference made to it by the central government or a state government; \| 8 \|\|------------\|\| investiga- \|36c in respect of any unfair trade practice of which complaint is made under clause (a) of section 36b, the commission shall, before issuing any process requiring the attendance of the person complained against cause \| tion \| by \|\|----------\|-------\|\| director \| \|\| general \| \|\| before \| an \|a preliminary investigation to be made by the director general, in such manner as it may direct, for the purpose of satisfying itself that the com- issue of process in plaint requires to be inquired into certain @ ® % & cases 67 (1) ® power to make rules,(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— s e (aa) the form in which an application shall be made to the central government under section 28 for the approval of any scheme of merger or amalgamation of an undertaking with any other undertaking; ®	Parliament_bills	a59e8774-6722-5c3a-bbd9-f90e5d8e5348
_astement and any revision thereof to the notice of all the workers i such manner a may be prescribed nese futier 0 sevens 'sles forum 'ore 7b (1) every person who designs, mumufeetures, imparts or supplies uny article for use in any factory shall— (a) ensure, so far 25 is reasonably pravtieable, that th tarliele js 50 designed and constructed as to be safe and withot sks to the health of the workers when properly used; (h) caxsy out of arrange for the earrying out of such tests 'and examination as may be considered necessary for effective {implementation of the provisions of clause (a); (e) take such steps as may be necessary to ensure thal adeqtiate information will be available— (in connection with the use of the article in any factory; (gi) about the use for which it is designed and and (gi) about any conditions necessary wo ensure that the article, when put te such use, will be safe, and without hs to the health of the workers ; provided that where an article is designed or manufacture 4 utside indle, 1 shall be obligatory on the part of the importer ta (that the article conforms to the same standards if such article le manufactured in india, or (b) if the standards adopted in the country outside for manufacture of such actisle is above the standards adopted india, that article conforms to much standards (@) every person who undertakes to design or manufacture article for use in any lactory may carry out or arrange for 'carrying out of necessary research with a view to the discovery so far as is reesonably practicable, the elimination or minimisat fof any risks to the health or safety of workers to which the @ or article may give rise (@ nothing contained in subsections (1) and (2) shall be e strued to requite @ person to repeat the testing, examination esearch whieh has been earned out otherwise than by im or his instance in so far a itis reasonable for him to rely on the re 'hereof for the purposes of these said sub-sections (4) any duty imposed on any person by sub-sections (1) ard shall extend only to things done in the course of business eartied by him and to matters within his control (6) where a person designs, monbfactures, imports or supp am article on the basis of a written undertaking by the user of fitile to take the steps specified in such undertaking to ensure, far as (= reasonably practicable, that the article will be safe 'without risks to the health of the workers when properly used, underlaking shell have the effec: of relieving the person design 'manufacturing, importing or supplying the article from the 'imposed by clause (a) of subsection (1) to such extent ms is 'able having regard to the terms of she undertaking, (6) fee the purpotes of this seetion, an article ig not fo be re 'garded as properly used if it is used without regard to any in- {formation or adolce relating to is use which has been made available by the person who bas designed, mamufactared, imported or supplied the article eyplonation—or the purposes of this section "article" shal] include plant and machinery', 5 ip section 9 of the principal act— @) in clause (@), after the words "other public authority,", the 'words "oy with am expert" shell be inserted; (i) for clauses (9) and (e), the following elauses shall be sub stituted, namely:— () make examination of the presses, plant, machinery, aviste of substances (c) inguire tnto any aecident or dangerous oreurrence, 'whether resulting in bodily injury, disability or not, and take tn the spot of otherwise statements of any person which he 'may consider necessary for such inquiry; (@) tequive the production of aay prescribed register or any user document relsting to the factory; (c) seize, of take copies of any rogister, secord or other doe wont or any portion thereot, as ho may consider necessaty in spect of sy offense ander this act, which he has zeason to believe has beet committed; (p divect the eoeupler that any premises or any part thereot cor anything lying therein, sball be left undisturbed (whether [guverally or in particular vespects) far so long as ie necessary for the purpose of any examination under clause (6); » (o) take measurements, and photographs and make such recordings ae he considers necessary for the purpoie of any examination under clause (b), teking with him any necessary fnstrumont or equipment; (hy in case of any sitiele or substance found in any premises, besig an artile or substance which appears to him as having catised or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any pro~ feess or test (but not an a8 to damage or dostroy it unless the ftamo is, in the elzeumstances necessary, for carrying out the 'purpoces of thle act), and take possession of any such article br subetatce or a part thertot, and detain it for so long as is revedsary for such examination; (@ exercise such other powers as may be prescribed" 6 i section 13 of the principal act, amend: fret of " i() i sub-section @), for the portion beginning with the swords "a thermometer" end ending with the words "as may be pecifid" tae following shall be substituted, namely: "proper measuring instruinonts at such places and in position ax may be specified, abull be provided und such e+ sods, as may be prescribed, shell be maintained (@) for sub-section (8), the stlowing subsection shall be sstic tuted, names: - (3) 164 uppeors to te chit toxpector dat expressively high temperacuees in any factory can be reduced by the adoption ct suitable messures, ne may, without prejudice 10 the rules made under sub-section (2), serve on the occupier, an oxder in writing specifving the measures which, in bis apinion, should be adopted, a! sequteing them to be cstried out before a specified date" 7, in seetion 16 of the principal act, in sub-section 2),— (@ for the words "three hundred and itty cube feet, the sgures and words "89 cubie metres" shall be substituted; (0) tor use words "ve hundeed eubie feet", the figures and words "a cubie metres" shall be substituted; (6) for the words "iourteen feet", the figures and word "42 metres' shall be substituted, 'ent 3 section 18 4, in section 16 of the principal act, in subsection (2), for the words 'awenty 4601 of any washing place, urinal or latrine", the wands "hx metres of any washing place, urinal, latrine, spittoon, open drain 'earrying sullage or efluent or any olber soures of contamination" stall be subetituted, 4 in section 16 of the peneipal act, ln sub-section (2), in clause (8), {for the words "three fee", the words "ninety centimetres" shall be subatituted 19, in section 24 of the principal act, in sub-seetion (j); for the word? 'shall work', the words "shall be required or allowed to work" shall be substituted 1, in section 25 of the peineipal act, for the words "sighteen inches, the words "forty-five centimetres" shall be substituted, 12 in section 28 of the principal act, the following bxplanation shall big sorted at the end, namely - aen et of sretion 25, amend ction 2 bxplanation—for the purposes of this seetion, no lifting machine or appliance stall be deemed to be a holst ar ft unless it 95 hhss a platform or cage, the direction or movement of which is restrete' hy a guide or suides" 18, in section 29 of the principal act - i in sub-section (j), {s clause (c), for the words "taventy feet", the words "six metres" shall be substituted; a i) in the explanation, for clause (6b), the following lause shall bbe substituted, namely (8) "titing tack" means any chate sling, tope sling, hook, shackle, swivel, coupling, secket, clamp, tray or similar appliance, sthether fixed o movable, used in connection with raising or, lowering of persons, or load by use of lifting machines", 14 tn section 80 of the principal act, in sub-seetion (1), for the word the words "in every factory" shall be 45 in section 31 of te principal act, for subseetlon (1), the follow= tng sub-section shall be subatitated, namely: - (1) if ip any factory, any plant or machinery or any part thereof te operated at a pressure above stmoepherie presiure, effective 'measures shall be taken to ensure that the safe werking piessure of such plant or machinery or part ls nnt exceeded" 'amand teat of16, in section 32 of the prineipal act, for clause (c), the following sfause shall be substituted, pamely (0) when any person has to work at a height from where he 1 is likely to fall, provision shall be made, eo fir ns ie reasonably rsctieable, by "fencing or otherwise, to ensure the safely of the person so working" 17, for section 36 of the principal act, the following section shall be 'substituted, namely:— 5 "88 (1) no person shall be required or allowed to enter any chamber, tank, vat pit pipe, fue or other confined space in any f4etory in which'any ga, fume, vapour or dust is likely to he present to such on extent as fo invalve risk to persons being overcome thereby, unless it is provided with + manbole of adequate size ot other a5 mlective means of egress (2) no person shail be required or allowed to enter smy confined space as ig referred tg in sub-section (1), until all practicable measures, irave been taken to remove any gas fume, vapour or dust, which may be present, so as to bring its level within the permissible limits 9 and to prevent any ingress of such gas fume, vapour or dust ant! sanless— (@) 1 certificate in writing has been given by » competent person, based on test carried ott by himaelf that the space ie reasonthly free from dangerous as, fume, vapour or dust; or (b) such person is wearing suitable breathing apparatus find a belt securely attacked to rope the free end of whieh is ineld by a person outside the confined space" 18, in section 8a of the prineipal act in elause (e), after the words "or other confined space", the words "unless adequate safety devices are i shall be is provided" stall be inserted 419, for seetion 38 of the principal aet, the following section shall be substituted, namely:— 1 sey hi iy28, (1) in every factory, all practicable measures shall be taken to prevent outbresle of fre and tts spread, both internally nnd exfernally, and to provide and maintain— (a) safe means of escape for gll persons in the event of a fire, and es (0) the necestary equipment and facilities for extinguish ing fro (2) bmlective measures shall be taken to ensure that in every 'factory all the workers atv familiar with the means of eseape in ease 'of fire an! have heen adequately trained in the roatine to be followed 15 tn mich eases ' (@) the state government may make rules, in respect of any 'etry oe class or description of factories, requiring the measures £9 'be adopted to give effect to the provisions of subsections (1) and c) al (0) notscithatanding anything contained in clause (@) of subsection (1) or sib-iction (2), it the chief inspector having regard {o the mature ofthe work carved of th any factory, the consructlon of such factory, special sk to me or safety, or any ofber eieune sanees, s of the ovinion that the measures provided tn the factor, 45 'wheter as presribed of not for the purposes of cause (@) of ube section (2) or subsection @), are inadequate, he may, by order in 'wating, require that such additions! measures as he may_ consider teasonable and necessry, be provided in the factory before such dle as 1 spected fo the onder" pd nies 20, in the principal act, after chapter iv the fellowing chapter shall sonot be inserted, namely: - chanter ster wa 'chapter iva [provisions relating to hazardous processesconit- aia (2) the state governnient may, for purposes of advising it fationot to consider applications for grant of permission for the initial location site of a factory involving w hezardous process or for the expansion of ot any such factory, appoint a site appraisal committee consisting of— eom vee (0) the chiet inspector of vie state who shall be sts chaleman;@) a representative of the central board for the prevention 'and control of water pollution appeinied by the central govern 'ment under section 3 of the water (provention and control of pollution) act, 1974; (6) a representative of the central hoard for the prevention 'anj coatiol of air pollution referred to in section 3 of the air rovention and contrel uf pollution) act, 198%; (@) a reproseniative of the state board appointed under section 4 of the water (prevention and conttol of pollution) 'act, 1974; (©) a representative of the state board for the prevention and control of air pollution reterred to in ection 5 of the air (prevention and conteol of pollution) act, 1991; g) i representative of the department of environment in the stat (0) & reproventative of the metoorulogicat department of the government of india; () an expert in the field of occupational health; ana () a representative of the town planning department of the state government, fd not more than five otler members who may be co-opted by the state government who shall be— (0 @ scientist having specialised knowledge of the hazsidous 'process which will be involved in the factory, (8) representative of tne local authosity within whose jurisdiction the factory is to be established, and pa the state government @) tho sito appraisal committee shall examing an applica: tion for the establishment of a factory involving hazardous piecese and make its recommendation to the state government within a period of ninety days of the receipt of such application in the pres cvibed form (3) where any process relates to a factory owned or controlled by the central government or to a corporation of a company owned 'ot cantzolled by the central government, the state government hall eo-opt in the site appraisal committee a representative nomi nated by the central governinent as a member of that committee, () the site appraisal committee shall have power to call for 'any informstion from the person making an application for the establishment or expansion of a factory involving a hazardous process, (6) where the state government has granted approval to an application for the establishment or expansion of factory involving hhszardous process, it shall not be necessary for an applicant to 'obtain a further approval from the central board or the state board 'slablished under the water (prevention snd control of pollution)41b, (2) the occupier of every factory involving a hazardous 'process shall diselose in the mannep preserved al! information regarding dangers, including health hazards and the measures to gvercome sich inzards atlsing from the exposure to or handling fof the materials or substances fn the manufacture, transportation, storage and other processes, to the workers employed in the factory, the chet inspoetor, the loeal authority within whose jurisdiction the factory is sv te and the general public i the viinity (2) 'the viper shall, at the time of registering the factory anvolving a liaatdons process, lay down a detailed policy with respect to the health and salety of the workers employed therein and intimate such policy £0 ghe chief inspector and the local authority i thereafter, at sued inlcrvals us may be prescribed, inform the (chief inspector and the local authority of any change made in the said policy (@ the information furnished under cubsegstion (1) shall include accurate information as to the quaptity, specication and fther characteristies of wastes and the mariner of their dieposal (4) bvcty occupier shall, with the approval of the chief inspestor, draw up sn onsite emergency plan and detailed disaster control measures for his factory and isake known to the workers employed therein and to te general public iving in the vicinity of the factory the safety measires required to be taken in the event of an accident & taking luce 18) bvery occupier of a factory: shall, - (@) if such taetory engaged in a hazardous process on the commencement of the factories (amendreent) act, 1986, within period of thirty daye of euch commencement; and (0) if such factory propeses to engage in a hazardous process 'at any time after such commencement, within a period of thirty lays betore the commencernent of sich process, inform the chief inspector of the nature and details of the process fruch form and in seh manner as may be prescribed % (0) whore any occupier of @ factory eotravenes the provisions ct sub-section (@), the leence issued under seetion 6 to such feetory shall, notwithstanding any penalty to which the oceupier or factory: 'shall be subjected to under the provisions of this act, be lisble for 'cancellation, q (7) the occupier of a factory lnvotving a bazardous procse with the previous approval of the chief inspector, lay down measures for the handling, usage, transportation and storage of hi substances inside the factory premises and the disposal of tubslances outside the factory premises and publicise thers tn manner prescribed among the workers and the general public iy aic every occupier of a factory involving any hazardoag proceus shall (@) maintain accurate and up-to-date health récorle or, othe case may be, medical records, of the workers in the factory who are exposed to any chomical, toxie or any other harmful aubstances which are 'manufactured, stared, handled or transported tnd such records shall be accessible to the workers subject to such conditions ay may be preseribed; () appoint persons who possess qualifications and experience handling hazardous substances and re competent to supervise such handling within the tacory and to provide at the working place all the necessary facilities foe protecting the workers in the manner preseribed! 5 provided that where any question arises as to the qualifeations and experience of a person sa appointed, the decision of the cchieg inspector shall be final; (©) provided for medics] examination of every worker— (@) before such worker ia assigned to « job involving the handling of, a working with, « hazsedous substance, and (®) while continuing fn such job, and after he has ceased to work in such job, at intervals not exceeding twelve 'months, in such manner ag may he preseribed power ater 'orem sent to aout con? 'ates ea 41d (j) the central government may, in the event of the occur rence of an extetordinary situation involving a factory engaged in inazardous yrocess, appoint un inquiry committee to inguire into the standards of health and safety observed in the factory with a view {finding out the causes of say sailure or neglect in the adoption of funy measures ot standards prserihed for the health and safety of the workers employed in the factory or the xeneral public affected, or fikely to be affected de to sich failure or neglect and for the pre- 'vention and reeureence of such extraordinary situatione in future in such factory of elsvehere (2) the committee sppointed wndor sub-section (1) shall consist of a chairman and tivo other members and the terms of reference of the cointhitee and the tenure of alfice of ts membere shall he such ex may be determined by the central goveenmdnt according to the requirements of the stun (8) the recommendations af the commitiee shall he advisory ia nature, 4 eardardeale, (1) where the central government is satisfied that no standards of safety hive been proscribed in respect of hazardous process a clase of haaardons processes or where the standards'so yressdequate, it may direct the direetor-goneral of factory 'adviee setvice siid labour institutes or any institution specialised 'i matters relating to standards of safety in hazardous processes, to tay down emerzeney standatile for enforeemant of suitable rfandaeas im respect of such hazarions processe: (@) the emergency standards laid down under subsection (2) 'hall, until they are bncorporcted in the mules made under thi act be enforceable and have the seme effect as if they had been incorporated in the rules made under thig ack, 457, (1) 'the maximum pormisssle threshold limits of exposure 5 of chemical and toxle aubstonens fr mumufacturing processes (whether hhazartous or otherwice) im amy factory shall be of the value indicated in the second schedule, 'peemini: be ts a exposure of che 'al and fox sub (2) the centes! government may, at any time, for the purpose of giving effect to any selontiie proot obtained fram specialived 10 instiations of expetis tn the fold, by notification in the oficial grvetle male suitable changes in the sold schedule, werk baton esate nae ang (1) the occupioe shall, in every factory where a hazardous process tikes place, or where hezanteus substances are used or ihandled, set up n safety committee consisting of equal number of 3 representatives of warkers and management to promote cooperation fetween the workers and the management in maintaining proper sniety and health at work and to review periodically the measures 'taken in that behalf: provided thot the state government may, by order in writing 2 and for reasons 10 be recorded, exempt the occupier of any factory fr class of factories from setting up such commitee (2) the composition of the safety committee, the temure of office of its members and thelr rights and duties shall be such ax may bbe prescribed 8 aih (1) whore the workers employed in any factory engased in 4 hazardous process have reasonable approhension that there is a itkethood of fmminent danzer to thelr lives or health de to any seeident, they may bring the some to the notice at the occupier, agent, manager or any osier person who is incharge of the factory 2° for the process concerned directly of theough thelr representatives in the safety committee and simultaneonsly being the same to the roti of the inspector, (2) 14 shall be the duty of such occupier, agent, manager or the rporton incharge of the factory or process to take immediste remedial 38, 'elion if he fs satisfied about the existence of such imminent danger and cond a report forthwith of the action taken to the nearest inspector, "a (@) if the occupies, agent, manager or the person incharge referred to in sub-section (2) is not satisfied about the existence of 4a 'any imminent danger ax apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest thspector 'whore decision on the qitestion of the eristonce of such fmminent : danger shall he final , amand 'ment of fection cy 21, in section tof the principal aet, in the proviso to sub-section (1), 45 {for the words "docs not excood rupees seven hundred and fifty per month", the words, brackets and figures "does not exceed the wage limit specified {in subsection (6) of section 1 of the payment ot wages act, 1990, as amended from uume to ttme" shell be substituted2, in section 70 of the principal act,— (@) in sub-section (1), the proviso and the explanation shall be omitted; (®) after subrseetion (1), the following sub-section shall be 5 inserted, namely:— (1a) no femate adolescent or a male adolescent who has not attained the age of seventeen years bot who has been grantfd certificate of fitness to work i a factory as an adilt, shall be required or allowed to work in any factory except between oa 8am and 7 pal: provided that the state government may, by notification in the oficial gazette, in respect of any faelory of group of class or eeserintion of factories - (9 very the timits tala down in this sub-section so, howe 9 fever, that no such section shall authorise the employment of any female adolescent between 10 rar and 5 ast; gi) grant exemption from the provisiong of thie subsestion in case of serious emergeney where national interest is involved" 2 28 tn section 71 of the principal act, after sub-section (4) the fallow 'ng sub-section shall be inserted, namely:— "(9) no female child shall be required or allowed to work in fy factory except between 8,00 aml and 700 pl" 24 in section 80 of the principal aet, in sub-section (1)— 8 (0) for the words "shall be paid', the words "shall be entitled to ages" shall be substituted; @) the following proviso shall be inserted, namely:— "provided that in the case of a worker who has not worked 'on any day during the calendar month immediately ? his leave, he shall be paid at a rate equal yo the daily average of his total full time earnings for the days on which he actually 'worked during the last calendar month preceding his teave, in which he actually worked, exclusive of any overtime and bonus trut inclusive of deamess allowance and the cash equivalent of ey the advantage accruing through the concessional sale to the 'workers of foodgrains and other articles" 25, in section 87 of the principal act, clause (g) shall be omitted amends ent of section 7 26 after section 87 of the principal act, the fotlowing section shall insertion be inserted, namely: - par ora, 4 "81 (1) where it appears to the inspector that conditions in a powecte factory or part thereot are such tht they may exis serious hazard pro dy way of injury or death to the persone emlayed therein er to s=bly fhe generat public fn the vieny he moy, by order in welling toe the occupier of the factory, state the particars in respect of which "et \| 45 'be considers the factory or part thereof to be the cause of auch \| szit%° serious hazard and prohibit such occupier from etmploying ary person in the factors or any part thereot other than the minimum number of persons necessary to attend to the minimum tasks till the hazard ia romoved (2) any order issued by the inspector under sub-section (2) shall hhave effect for a period of three days unt extended by the chiet tnspector by a subsequent order, (3)_ any person aggrieved by an order of the inspector under subsection (j), und chief inspector under subsection (2), shall hhave the right to appeal to the high court (4) any person whose employment has been affected by au order issued under sub-section (j), shall be entitled to wages and ther benefits end it shall be the duly of the occupier fo provide alternative 'employment to him wherever possible and in the manner prescribed (8) the provisions of sub-section (4) shall be without prejudice to the rights of the parties under the industrial disputes act, 1947" eset: 27, in section 89 of the principal act - amend {@) for the words "the schedule", wherever they occurs, the 'words "the third schedule" shall be substituted; gi) in subsection (4), for the words "fifty rupees", the words "one thousand rupoos" shall be substituted; (w) after sub-saction (4), the following sub-section shall be 30 'added, namely:— "(8) 'the centtal government may, by notification in the 'offical gazette, add to or alter the third schedule and any such 'addition or alterstion shall have effect as if it had been made by this act" es 28, in section 90 of the principal act, in sub-section (1), for the words "the sckedule", the words "the thisd schedule" shall be substituted section ey armen ment of a8, 29, in section 91a of the principal act, after subsection (9), the following explanation shah be inserted, namely:— "explanotion—por the purposes of this setion, the report i any, gp 'submitted to the state government by the person conducting the sutvey tnder aubsgetion (j) shall be deemed to be a report submitted bby am inspecter under this act", 0 in section 8 of the principal act - amend: eet (@) for the words "three months", the words "two years" shall 35, be substituted (2) for the words "two thousand rupees", the words "one lath rupees" shall be substituted; the words "fv (¢) tor the words "seventy-five rupees", the words "one thousand rupees" shall be substituted: e (@) for the words "one thousand rupees", the words "twenty: five thoaand rupees" shall be substituted; (©) for the words "five hundsed rupe 'thousand rupees" shall be substituted mend ment of setion 1 tn section 4 of the principal act, in subssection (1) ) oe the words "six months", the words "three years" shall be substituted; (@) for the words "two hundred rupees", wherever they oseut, te words "ten thousand rupees" shall be substituted; (@) for the words "ive thousand rupees", the words "two lakhs rupees" shall be stbetituted: aity-tve 5 (ge) for the words "two thousand rupees", the words 'thousand rupees" shall be substituted; (®) for the words "one thousand rupees", the words "ten 'thousand rupees" shall be substituted, 42 in tection 95 of the principal act, for the words "three months" and "ive hundred rupees", the wards "six months' and "ten thousand rupees" shall, respectively, be substitute amend 38 in section 96 of the principal act, for the words "three monthe" land "five hundred rupees", the wards "six months" and "ten thoustnd rupees" shall, respectively, be substituted, ve iseron 15 84 alter section 96 of the principal act, the following section shalt bbe inserted, namely: penalty force tion at the prolon tee ap ac ang, 96a (1) whoever fails 10 comply with or conteavenes any of the provisions of sections 41b, 41c or aih or the rilles made thereunder, shall, in respect of such fallure or contravention, be punish- 29 able with imprisonment for 2 term which may extend to seven years 'and with fine which may extend to two lakh rupees, and in ease the {allure or contravention continues, with additional fing which may extend to five thousand rupees for "every day during which such failure or contravention continues after the conviction for the frst 45 such failure or contravention, (2) if the fatlure or contravention referred to in subsection (1) 'conlinues beyond a period of ore year after the date of conviction, the offender shall be punishable with imprisonment for a term whieh may 'extend to ten years", {p __ 35 in section 87 of the principal act, in sub-section (1), for the words "twenty rupees", the words "ive hundred rupees" shall be substituted amend rent of sectinn wr amendent of 136, in section 98 of the principal act, for the words "cine month" and "fifty rupees", the words "two months" and "one thousand rupees" shall, respectively, be substituted, 5 __37- in soction 99 of the principal act, for the wards "fifty rupees, the words 'one thousand rupees" shall be substituted, oe 'amend tent of section '8, section 100 of the prinelpal act shall be omitted omission btaeetion cy 39, after section 104 of the peineipal act, the following seetion shall bbe inserted, mamely-— bnew 'ection nus ee cf whats rclette insertionae ho4a in any proceedings for an offence for the contravt of any provision of this act or rules made thoreunder consisting of failure to comply with a duty or requirement to do something, 'shall be for the person who is alleged to have failed to comply with ench duty or, requirement, to prove that it was not reasouably practicable or, a 'the case inéy be, all "practicable measures were 'ken to satisly the duty or requirement 40, in chapter x of the principal act, after section 106, the following section shall be inserted, namely: ma juditon "10ga for the purposes of conferring jurisdiction on any court 4n felation to an offence under thig act or the rules made thereunder " fm connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the plite 'where such offence has been eommitied" foremers 'ani proses fet, inseiion ote 41, atter section 111 of the principal act, the following section shall bbe iniexted, namely;— : tia ight "sa every worker shall have the right to— : @) obtain from the occupies, information relating to amend sont of 'etion is +, workers' health and safety at work, (@) get trained within the factory wherever possible, or, to 'get himself sponsored by the occupier for getting, trained at a 'raining centre or institute, duly approved by the chiel inspector, where taining is imparted for workers' health and safely at work, (gh) represent to the inspector directly or through iy representative in the matter of iadequate provision for prolection of his health or safety in the factory', 42 section 115 of the prineipsl act shall be renumbered as sub section (1) thereot, and— (@) 1a subsection (2) a5 40 renumbered, for the words "three 'months', the words "yorty-fve days" shalt be substituted; i () after sub-section (2) as so renumbered, the following subsection shal! be mserted, namely:— "(@) every rule made by the state government under this 'act shall be laid, as soon as inay be after it is made, before the state legislature" 48, atter section 118 of the prineipal act, the following section shal be inserted, namely:— ¥ "118a, (1) every inspector shall treat as confidential the source cof any complaint brought fo his notice on the breach of any provision of this act, (2) no inspector shall, while making an inspection under this 'act, disclose to the oocupier, manager ot bis representative that the inspection is made in pursuance of the receipt of « complaint: rine hat nating in tie subsection satay la case in which the person who has made the complaint heen to 'isclose his name" sh ta tten 9 of the pei ac the words aay shee ew 'for the ttme being in foree" shall be inseried st the end 1 pisfore the schedule fo the principal act, the following schedules shall be inserted, namely: "th furst schedule (see scan {ase or est toone hazannous procesee ferme maallrget indus inert tone set few, spel sis refers meta! ine 'primacy motta indes, ays ltd cope, mange a alin, fons (eros at moar) sg a frost laine o soothe ghoueenng hy aed at st 4 co nding ok) nui coa latte, ce, tot gases gace cat ga, pies ga, wie gan 4 power getertng indies, 6 pulp at muser iting piper pres) inder tee fao 5 prowphatc meg © comat indies pa poland cnet (ecu sag cn, pzlom cent ad the pdt 8 9 pes dass on rete latin os in cees 10, proce adie dn parca "et dn am 2 emai a ed pe) 3 rabe gmieiongt, 1 rate pent 1 tnt nt, 1 oa a '2 oe rp a ten mae se er a sea rt es, cs)dst carbon alter and ace comte sd detromatee leake and is oceans bless (eae um and mages, eo, 2 bp coe ott, petetun ant mares events 5 —hlttimea products (ail bie, ein cai) nivogenes corpounds (yi, eatumides and her angry) -paesphonsus a espns haloges and halegeaned compounds (choise, feria, amine an tone) 10 'ponies (sig indauial plone and detonators and fs) 1 tet, fuge, habiiey ander pscides inusiee 19, sytntie raia and plastics 20, marine fire (cause id cin) indinry 2, manufacture aad repair of eel secular, 3 22 gissand ceamicr 24 ghinging or gsing of mtn 1, mifare, andig ond provesing of asbesion nd is prods 235, rrntion ofl tt fom vege ant 26, manutcte, handling ond use of bere and sbyunes conta emo ps 17, mawtcuriag procs ant opeations ining bon dubs 2% dyes ant dyeslf alos thi meaner 2% mihly tasnable ligt and ee "the second sghedule, 5 (ge section 417) permissible levels of gertain ghemigal substnagee in work environmentsebsance el shorter - gy concentration ai 'ein ea pm mgins ppm magi ovale ee) om esi he os is m8\| acclnie~ \| skin \|\|------------------\|---------\|\| ain \| \|\| \| \|\| 5 \| \|\| alu \| \|\| chioese \| \|\| avesia \| \|\| \| \|\| asien \| \|\| asie \| \|\| por) \| \|\| shin, \| \|\| e \| \|\| aw \| \|\| comps \| \|\| ts \| \|\| as) \| \|\| 1 \| bemene \|\| benim \| \|\| 'ermon \| \|\| teta \| \|\| 4 \| \|\| bromlae \| \|\| += \| \|\| anon \| \|\| mtiete \| \|\| ketone \| \|\| mek) \| \|\| mtlactae \| \|\| tylalesl—akin \| \|\| soctet—mglaceete \| \|\| apt \| newson \|\| 29 \| \|\| cadnlun-dut \| \|\| and \| \|\| ies \| \|\| ca) \| \|\| caleimonde \| \|\| cubana) \| \|\| 'carton \| \|\| esa) \| \|\| 'cubs \| ita \|\| 25 \| carton \|\| carbs \| \|\| wo \| \|\| codes \| \|\| (carbonyl \| \|\| coie \| \|\| phosgene) \| \|\| 'isco: \| \|\| (chrome \| \|\| eda \| \|\| bres \| \|\| at \| \|\| cr) \| \|\| 'eon \| \|\| sees) \| \|\| $5 \| copper \|\| cotton \| dtc \|\| sola \| \|\| fomers— \| \|\| la \| \|\| (cranes \| as \|\| nor \| \|\| 4 \| \|\| ddt \| \|\| idinospieay \| \|\| tekno) \| \|teed fk so soe ison kin a shieh a o dietrtommine ' ee pied fes ne 02s dintiobmeme wl inomen—abla s )ons dino —ikin 1s dlophewt en ee 'nota bday) kin a 'enn skin a on syteceate = cmc) biivaltol 5 se ee ht 1 tytn ee 0 piowiso(s®) = + 2s er es a ae: fomieasd + eee § 8 myate—akia mon hoye clone ao oo histone ganide—stin sc cid lege howrie( fy a be myles fernie tots updo supe gxsotne hon 00 foe a fron oxite me fof) ool ete ate be te ad {soa ae se 100 30 uot lesb or ee ed ne fies ean st) ous fue ck me ime mabon sia gage) ates so oy, peaeotacemaniogggen 6 'hat atomescntlghwoowr 6 oms 'pntantinoennicoamouds + so motyiaestot(metiey—skia, = oe may ealiesretia cetus ethans) s nedotbunt kelemen 5 ed neto sere ' om oes \| om \| mln? \|\|--------------------\|-----------\|\| nase \| \|\| oe \| \|\| 6 \| \|\| fw \| \|\| nielenboo \| \|\| as \| \|\| 8) \| \|\| 0s \| \|\| nas \| \|\| nites \| \|\| oe \| \|\| ee \| \|\| ee) \| \|\| 5 \| \|\| nisooxide \| \|\| fe \| \|\| eco \| \|\| agettls \| \|\| robes \| \|\| bis \| \|\| ee \| \|\| eek \| \|\| lee \| \|\| \| \| \|\| ninopendiewde \| \|\| 26 \| \|\| 5 \| \|\| © \| \|\| oita \| \|\| inate \| \|\| fan \| \|\| seater \| \|\| owe \| \|\| ee \| \|\| ee \| \|\| ee \| \|\| 1) \| \|\| pethion \| \|\| skin \| \|\| x \| \|\| on \| \|\| os \| \|\| phenolin \| \|\| ® \| \|\| ey \| \|\| rate \| \|\| hime) \| \|\| skin \| \|\| ame \| \|\| os \| \|\| 02 \| \|\| same \| \|\| carns \| \|\| choe) \| \|\| or \| \|\| oe \| \|\| probing \| \|\| a8 \| \|\| rt \| \|\| 15 \| \|\| mhosptorsoewd \| \|\| = \| \|\| on \| \|\| 0 \| \|\| phoephores \| \|\| rentals \| \|\| ae \| \|\| poosphoisltiods \| \|\| 02 \| \|\| rs \| \|\| os \| \|\| 1 \| \|\| piioacid-stin \| \|\| or \| \|\| on \| \|\| os \| \|\| pride \| \|\| so \| \|\| mm \| \|\| 20 \| \|\| sine \| \|\| ithon \| \|\| tears) \| \|\| $4 \| \|\| sons \| \|\| oie \| \|\| 5 \| \|\| @ \| \|\| sree \| \|\| mamoue(amletiyene) \| \|\| was \| \|\| ms \| \|\| sur \| \|\| iit \| \|\| a \| \|\| a \| \|\| spor \| \|\| berate \| \|\| 9m \| \|\| mo \| \|\| 25050 \| \|\| ag \| \|\| settusonc \| \|\| eh \| \|\| 1 \| \|\| olewetraiol) \| \|\| m \| \|\| om \| \|\| iw \| \|\| etuhidieeskin \| \|\| oe \| \|\| ee \| \|\| tabayimbongite \| \|\| f \| \|\| o2 \| \|\| os \| \|\| 04s \| \|\| teehoreetnese \| \|\| 5 \| \|\| mom \| \|\| ursnlmanuatianty \| \|\| 3 \| \|\| or \| \|\| os \| \|\| a \| 7 \|\| 'vinyl \| \|\| s \| \|\| werf \| \|\| 3 \| \|\| ole \| \|\| (osm, \| \|\| psone) \| \|\| a \| \|\| ee \| \|\| ee \| \|\| ed \| \|\| 'ica \| \|\| composadts \| \|\| 20) \| \|\| c \| \|\| 5 \| \|\| » \| \|\| 35 \| denoting \|\| 'nok \| \|\| aor \| \|\| than \| \|\| 4 \| \|\| tne \| \|\| diy \| \|\| wih \| \|\| at \| \|\| lest \| \|\| 0 \| \|\| i \| \|\| aera \| \|\| bw \| \|\| seni \| \|\| subanee \| pemiile \| neneeed \| rte \|\|-------------\|------------\|------------\|--------\|\| sien \| \| \| \|\| (9 \| costtce \| \| \|\| (6) \| cuaree \| \| \|\| (cern \| fast \| count \| 10600 \|\| 6 \| \| \| \|\| acts \| \| \| \|\| 10 \| \| \| \|\| a \| \| \| \|\| (2) \| \| \| \|\| interns \| \| \| \|\| resin \| \| \| \|\| dst \| \| \| \|\| 10 \| \| \| \|\| ~~ \| mata \| \| \|\| % \| \| \| \|\| rsplabe \| \| \| \|\| qn \| \| \| \|\| -2 \| \| \| \|\| 0) \| \| \| \|\| imtemoftota \| \| \| \|\| at \| \| \| \|\| 0 \| \| \| \|\| % \| \| \| \|\| cutee \| \| \| \|\| a \| \| \| \|\| (ciate \| \| \| \|\| : \| \| \| \|\| tee \| \| \| \|\| in \| \| \| \|\| ive \| \| \| \|\| sein \| \| \| \|\| cure \| \| \| \|\| (uy \| \| \| \|\| riapaie \| \| \| \|\| © \| \| \| \|\| 5 \| \| \| \|\| al \| \| \| \|\| he \| \| \| \|\| tts \| \| \| \|\| ven \| \| \| \|\| sina att \| \| \| \|\| (i \| slice \| twee \| san \|\| 06) \| \| \| \|\| teen \| \| \| \|\| sue \| \| \| \|\| ia \| \| \| \|\| foal \| \| \| \|\| nits \| \| \| \|\| 2 \| \| \| \|\| ive \| \| \| \|\| asa \| \| \| \|\| © \| \| \| \|\| amwrptows \| \| \| \|\| 5 \| \| \| \|\| 88 \| \| \| \|\| men \| \| \| \|46, the existing schedule to the principal act shall be re-numt as the third schedule and in the third schedule as so re-num sfter entry °22", the following entries shall be inserted, namely: - "28, beriyllium poisoning, 24, carbon monoxide, 25, coal miners' pnoumecontosis, 26, phosgene poisoning» "21, occupational cancer, 28, inoeyanates poisoning, 28 toxic nephritis" j statement of orjects and reasons'the factories act, 1948 provides for the health, safety, weltare and other aspects of workers in factories the act is enforced uy the state governments through their factory inspectorates the act also ems powers the state governments (o frame rules so thet the local condi, tons prevailing in the state are sppropriately reflected in the enforce 'ment 'the act was last amended in 1976 for strengthening the provisions relating to safety and health at work, extending the scope of the def hon of "workers", providing for statutory health surveys, and requiring sppointment of safety officers in large factories 2 after the jost amendment to the act, there has been substantial 'modernisation and innovation in the industrial feld several chemical {industries have come up which deal with hazardous and toxie substances, 'this hs brought in its train problems of industrial safety and oceupe: onal heelth hazards, it i, therefore, considered necessary that the act 'ay be appropriately amended, among other things, to provide specifical- 1y for the safeguards to be adopted against use and handling of hazardous substances by the occupiers of factories and the laying down of emengency standards and measures 'the amendments would also include procedures {or siting of hazardous industries to ensure that hazardous and polluting 'industries are not set up in areas where they can cause adverse ellecte fon the general public provision tas slso heen made for the workers! 'acticipation in safety management 8 opportunity hes been availed ef to make the punishments provides! {in the act stricter and certain ether amendments found necessary fn the 'implementation of the act 4 the bill seeks to achieve the shove objects new dawa; purno a, sangma 'the 24th november, 1098 financial memorandumnow sestih 40d insécted under osuae 20 of the bill enables \| central government to appoint faquiry commitee inthe event of ccgurance and extraordinary tual involving factory engaged hazardous press and new section 418 inseried by that clause emp 'the central goverment to dirt the director-general, factory service and labour tnotitte or anyother specialised institution to advise dwn emergency standards where no standards of safely have seite in respect of 2 harardous proces or in cases of bazar rocesees where the standands so spel ere inadequate 'these frrovisions when implemented would involve certain exp ture out of the consalidated fund of india, however, it is not po to give any specific figures of expenditure, a¢ thet would depend on 1 specific nature of enquiry te be institsted, the dimension of the prob find the amount of work to be done either by the direcior factory advice service snd labour tustitute or by the specialised in ton 'tho bm does not ihvalve any other expenditure of recurring of 'recurting nature out of the consolidated fund of tnata, memorandum regarding delegated legislationclause 4 of the bill seks to insert two now sections in the factories 'ach 1943 (hereafter referred to as the ssid act) the new section 1a jays down the general duties of the occupier of factory for ensusing health, safety and welfare at werk: ef all worker in the factory sub swetion (3) of tection 7a empowers the state government to make rules speciiying the caces where the occupier stil prepare the statement ar revision of the statement under that subsection and the manner in which sueh statement or revision shall be brought to the notice of the 'workers, : 2 clause 6 of tho bill secks to amend section 18 of the said act and empowers the state government ip make rules for the malntenaace of records in relation to measuring instruments in the factory 3 clauso 19 of the bill sacks to substitute section 22 of the eald act subsection (8) of section 88 emrowers the state government to make rules in respect of any factory or cless of destription of factories, requir- {ing measures to be adopted for the prevention and control of fire in a factory 4 clause 20 of the bill seeks to insert a new chapter after chapter iv of the raid ack, 'the new chopier makes provision relating to hhazandous processes under that chapter the state government is fempowered to make rules for specitying the form in which an application for the establishment of = factory involving hazardous process 1s to be 'made [section $1a(2)7, the manner in which the occupler of a factory involving hazmdous processes should dlsclese the information regarding the danger, incuding health hazards and measures to overcome the same {section 41b(1)}, the intervals within whieh the occupier has to inform the chief inspector regarding the changes he has made about the detafled polley [section 41b (2)}, the manner in which the occupier is to publicise the messures for the handling of usage, transport, storage and disposal of hazardous substances [41b(7)}, the cnnditions ' subject to which the rtecors in = factory shall he mace sreesible to the workers by the coeupler fseetion 410) 'jualihestions ang experience sppointed tr mupervico the handling inszardous substances within a fretery, to be protected [4ic(i)} ond the manner in which every werker js to he subjected to medics! exam nation while continnins im the ie and after he has cease to be assigned that job [settion 410 gi] 5 clause 26 of the bill secs to insert » new section bta which empowers inmectors of the factory to nevhibit employment of persons on seenunt of imminent danger till the danwer is removed tt empowers tha state government to make rales sperifving the manner ta whieh the occupier is to provide alternative employment an) the shove matters are matters of @etail or roredure and, 98 such, the delegation ef lepslative power involved fs of a normal character annexure 'exmacrs ros nar facromns act, 1988 or 108interpetatlon 2m this act, unless there is) anything repugnant in the context - (m) "taetory" meats any promises including the precincts the () whereon ten or more workers are working, of were wo ing on any day of the preceding twelve months, and in any fof which a manufacturing process is being earried on with the fof power, or is ardinarlly so carried on, of (gi) whereon twenty er more workers are working, oe 'working on any day of the preceding twelve mont, and tn part of which a manufacturing prosess is being carried on the ald of power, or 1s ordinarily so carried on, bat does not include a mine subject to the operaticn of the railway running shed or a hotel, restaurant or eating place, explanation—for computing the number of workers for the p poses of this clause all the workers in diferent relays in a day be taken into account (n) "occupier" of & factory means the person who hes ul control over the affairs of the factory, and where the sald affairs are entrusted to a managing agent, such agent shall be deemed to bey the 'oecupier of the factory: provided that in the case of @ ship which is being repaired, or on 'which maintenanes work is being eartleg out, ina dry dock which avallable for hire— (2) the owner of the dock shall be deemed tobe the cee for the purposes of eny matter provided for by or under— (section 6, section 7, section 11 or section 12: (0) mannging agent" has the mesning assigned to it inthe ind companies: act, 131 (7) where work of te same lind is curved out by two or mand sets of workers working during different periods of the day, 'each of such sets is ealled a "rotey" and exch of such periods (sealed a "shit é 4 the stato government may, on an application made in this béhalt bby an occupier, direct, by an order in writing, that for all or any of the puurpoces of this act different departments or branches of a factory of the 'secupler specified in the application shall be treated as separate factories or that two or more factories of the oscupier specified in the application shall be treated as a single factory 9, subject to arty mules made in this behalf, an inspector may, within 'the tocal limite for which he is appointed,— (©) enter, with such assistants, being persons in the service of the government, or any local or other public authority, aa he thinks sy place whichis st or which he has eas to ble used, st () make examination of the premises, plant andl machinery, re quire the production of any prescribed register and any other docu 'ment relating to the factory, and take on the spot or otherwise state: 'ments of any persons which he may consider necessary for carrying, jut the purposes of this act: (©) exercise such oihor powers ns may be presectbed for carrying fut the purposes of this act! 'provided that no person shall be compelled under this seston to anewor any question or give any evidence tending to incriminste himselt ni satiation ond temperate, @) the state government may prescribe a atandard of adequate ventilation and reasonable temperature for any factory or slass or descrip~ ton of factories or parts thereof and direct that a thermometer shall be provided and maintained in such place and position as may be specified (8) 1, it oppoars to the state government that in amy factory or clase tor description of factories excessively high temperatures can be reduced by such methods as whitewashing, spraying or insulating and screening out side walls or roofs or windows, or by raising the level of the root, or by {insulating the roof either by an air-space and double roof or by the use ot insulating roof materials, or by other methods, it may prescribe such of 'these or other methods a shall be adopted in the factory crowdingwa) ' (@ without prejudice to the generality of sub-section (1), there shall 'be in every workroom of x factory in existence on the date of the comrmencement of th's act at least three hundred and fifty cubfo feot and of & factory built after the commencement of this act at least five hundred 'cubic feet of space for every worker employed therein, and for the pure [poses of this sub-sestion no account shall be taken of any space [more than fourteen feet above the level of the floor of the fa 418, @) @) all such points shall be tegtbly marked "drinking water" janguige understood by a majority of the workers employed in the f fand no such point ahall be situated within twanty feet of any place, urinal or latrine unlete » shorter distanco is approved in bby the chief inspector a8 (1) lateines od 'eile (2) inievery factory wherein more then two hundred and fy tre ordinarily employed— () the foors and internat seals, up to s height of thiee the latrines and urinals and the sanitary blocks shail be laid in tiles or otherwise finished to provide a smooth polished imp surface; 2 (1) no young person shall work at any machine to which this ae 'fon apples, unless he fins been fully instructed as to the dangers a fn connection with the machine and the preeautions to be observed (©) ins received sulficient tralning in work at the machine, employ sent of young dersns 'aan chines (@) is under adequate supervision by a person who be knowledge end experience of the machine sele scl 'machines 25 no traversing part of a eolf-ccting machine in any factory: material carried thereon shall, ifthe spnee over which it rans is 6 sha 'ver which any person ls liable to pass, whether in the course of bi ployment or otherwise, be allowed to run on its outward or inward trav 'within a distance of eighteen inches from any fixed structure which i 'part of the machine: provided that the chiet inspector may permit the continued rmnchine installed before the commencement of this act which does comply with the requirements of ths section on sich conditions for {ng safety as he may think fit to impose 28 (2) tn every factory - (©) every host ond lift shall be— () of good mechanical construction, sound material and quate strength; (ge) properly maintained, and shall be thoroughly 'hy a competent person at jeart once in every period of six mtand register shall be kept containing the preseribed petticulars 'of every such examination; {0) every bolstvay and litway shall be mulfeiently protected by fram nite stall be wo constructed ac to prevent any person of thine {fom being trapped between any part ofthe holat or ft and soy toot structure or moving part; {c) the maximam safe working load shall be plainly marked on sro, bntst of lft, and no los greater than such load hall be eect thereon; (2 the case of every holst or lift used for errying persone shall ie gitad wih » gate on each se trom whieh acces if htenied to landing {0 5f00 fate neterred ta tn clave: (2) oe etauie (4) shat hd camer og nothing crater ement device to scure tht the ge cat ane opened except when the cage fs at the landing and athns cage cannot be moved unless tho gate is closed, ie sige is supported by rope of chain, thete shall be at jeatt two roves or chains separately" connected nn it and eaeh rope or chain with its attachments alin seeman sde te whole weight of tte cage tyne oe maximum joad: (0) efficient devices shall be provided and ma 'upporting the cage together with its maximo a 'breakage of the ropes, chains or attachmentsy (an steen! atomiatic device shall be provid a matnttned to prevent the cage from over-runing dated es ce aehpsoy may permit the continued use ot & haat oft {pfilled ta 4 factory before the commencement of tr ae 'which does doe coup with the provisions of subaection (hy agp eet 'ons for envuring safety as he may think it to impoce (2) he state government ray fn respect of any lane op eseription sop eat ue te of colalon that it would be uneascceine ee soit ef mbaealon (0) and @), by eraer oe gtr such eless or description of hoist or itt 'aches be truck by the crane, 'atthe crane does not approwch within twenty feat of that pl revolre(@) "sitting tate" means chain sings, rope slings, hooks, 'and swivels 0, (1) tn every room in factory in whieh the process of gelaing is carried on there shall be permanently afxed to or placed near eech 'machine in use anatice indicating the meimum safe working peciheral speed of every grindstone or abrasive wheel, the speed of the sheft ot spindle upon which the wheal is mounted, and the diameter of the pulley upon such shaft or spindle neesrary to secure such safe working peripheral speed sl (1) if in any foetory any part of the plabt or machinery wsed in @ manufacturing process is opecated at a pressure above atmospheric pres: sure effective measures shall be taken to ensure that the silo working pressure of such part is not exceeded 32, in every factory— (©) when any person has to work ata place from where he it mkely to fall a distance exceeding two metres, then, unless the place is one which provides secure foothold and, where necessary, secure 'uandhold, provision shall be made, so fer as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person s0 working 26 (1) in any factory 1 person shall enter or be permitted to enter 'any chamber, tank, vat, pt, pipe, fue or other canfined space in which dangerous fumes ate likely to be present to tach an extent as to invelve risk of persons baing avercome thereby, unless it is provided with « mam thole of adequate size op other effective means of egress g) no person in any factory shall enter or be petmitted to enter any confined space sich a8 is nefecrd ta in sub-section (1) itil all practicable measures have been tmken to remove ary fumes which may bo present 'and to prevent any ingress of fumes and unless either— () 8 certifite in writing has been given by a competent person, based on a test carried out by himself, that the space is free from dangerous fumes and fit for persons to enter, o (©) the worker is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which is held by a person standing outside the confined space (2) suitable breathing apparatus, reviving spparatus and bells and 'ropes shall in every factory he kept ready for instant use beside anv such 'confined space as aforesaid which any person has entered, and all sich ap 'paratus shall he periodically examined and certified by a competent person to be at for use; and a sufficient murnber of persons employed in every fa 'ory: shall be trained and practised jn the use of all such apparatus and in the method of restoring respiretion (©) no peston shall be permitted to enter in any factory any boiler furnace, boiler fiue, chamber, tank, vat, pipe or other conned space for the purpose of working or making any examination therein until it has been sufficiently cooled by ventlstion or otherwise to be safe for persons to enter (6) the state government may moke rules preseribing the minimum dimensions of the manholes referred to in aub-tection (1), and may by order in writing exempt, subject to such conditions aa it may think m€ 6 imprse, any factory or class or description of fectories trom compliance 'with any of the previsions of this seston, 6a tn any factory— (@) no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside 'any chamber, tank, vat, pit, plpe, ue or other confined space; and sending the oe of pore she 'electric igs preoa tone i eee ot 28 (1) tn every factory there shell be provided such means of escape 4m ease of fire as may be prescribed @) in every factory the doors affording exit from any room shall not be tocked or fastened so that they cannot be easly and immediately open fed from the inside while any person is within the room, and all such doors, unless they are of the sliding type, shall be constructed to open oxtwards, (2) in every factory, every window, door or other exit affording a 'means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked in @ language understood by the majority of the workers and in red letters of adequate size or by some other effective and clearly understood sign, (4) there shall be provided in every factory effective and elearly andi ble means of giving warning in cate of fze to every person emplayed in the factory (5) a tree passage-vay giving access to each means of cetape in case of fire shall be maintained for the use of all workers in every room of @ factory (6) bitective measures shall be taken to ensure that in every factory— ed (@) wherein more than twenty workers sre ordinarily employed 4n any place above the ground floor, of () wherein explosive or highly inflammable materiste 9 or stored, all the workers are femilisr with the means of escape in case of fre and ihave been adequately trained in the routine to be followed in such ease (7) the state government may niake rules prescribing, ln respect of any factory or class or description of factories, the meuns of escape to be provided in case of fre and the nature and amount of fresighting appara~ tus to be provided snd maintained, (8) notwithstanding anything containod in sub-oction (2) or sub-tece tion (7), 4 the inspector, having regacd to the mature of the work carcied fn in the fietory, construction of the factory, special rel to life or safety cor any other circumstance, fs of the opinion that hough such meane of 'escape as may be prescribed have heen provided in the factory, the same 4s not adequate to permit safe, easy or qulsk exit of the workers in ease of fire, he may, by order in writing, require that such additional means ot 'escape or other measures ar he may consider reasonable ant! necessary 'be provided in the factory before such date esis specified in the order (9) tay question arises whether or not the means of eetape provided 4n the factory is adequate to permit safe, easy or quice exit of the workers in case of fir, the same shall be referred to the chief tnspocior, who shal, after giving the persons concerned a reasonable opportunity to represent their views, decide the same (10) any person aggrieved by the decision of the chiet inspector under sub-section (9) may, before the oxpiry of thirty doys from the dite on 'which the decision is communicaind to him, prefer an appeal tn the state government and the state government shall nftey siving the appellant 4 reasonable opportunity to represent his views, make such order in tela 'ton to the appeal as it thinks ft, power fo make ing rules, 64, (2) the state government may mike rulea defining the persone 'who hold positions af supervision or management or sre employed in a confidentis! position in a foctory er empowering the chiet taspoctor to declare any person, ther than a person defined by sich rules, as a person 'poldine position of supervision or monazement or cmployed in a confental position in a factory if, in the opinion of the chief inspector, sch petson holds ech position or is so emplovee and the provisions of this chap~ 'er, other than the provisions of clause (b) or sub-section (1) of section 68 and of the proviso to that sub-section, shall not apply to any person s0 defined or declared: provided that any person so defined or declared shall, where thie ordinary rate of wages of such prvson does not exceed rupees seven hun dred and fifty per month, be entitled to extra wages in respect of overtime work under section 59 sitet of cori feats ot 'ness ranted fo adole 10 (1) an adolescent who has boon granted a certfeste of fitness to work in a factory as an adult uncer clase (b) of nh-section (2) of section apd who while at work in a factory cartes a token giving reference to the certifente shall be dseme? to be an adult for all the purposes of chapters vi and vie: 'dhe? shat rvean provided that mo mich rolescent wha how nat attotned the ona of seventeen wears shall be employed or permitted to work in any factory during might bzplanation—por the miempats at tia ab-eortion fa period of at let twelve eonceentive fins which shall nslua an inter "ual of at least seven eonseedtive hous falling between 10 nas and 7 ant 80 (1) for the leave allowed to him under section 78 or section 79, as the ease may be, a worker shall be pald at a rate equal to the daily average of his total fulltime earnings for the days on whic he setually 'worked during the manth immediately preceding his yeave, exclualvo of any overtime and bonus but inclusive of dearness allowance and the each 'equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles, soa pera 1, where the state government 6 of opinion init any manufacturing processor operation earned on in 2 factary exposes any persons employed dn it toa serious risk of bodily injury, posoning or desease, it may make rules applicable to any factory or elas or desertion of factories in which the manufacturing, process or operation is carried on— (9) providing for issue of orders in writing ln the inspector or the chief inspector t the manager or oesupler or both ofthe factory direet- ing them to carry out sueh measures, and within such time, a may be specified in such order with a view to removing conditions dangerous {to the health of the workers, or to suspend any process, where such process constitutes, inthe opinion of the inspector or the chief inspecter, as the ease may be, imminent danger of poisoning or toxicity neti of discares 89 (1) where any worker in a factory contracts any disease specified in the schedule, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, se may be pres: cribed @) 1€ any meiical practitioner attends on a person who is of bas been employed in a factory, and who is, or is believed by the medica) pract!- toner to be, suffering' from any disease specified im the schedule, the 'meclial practitioner shall without delay send 2 report in writing to the fice of the caef inspector stating - (@) the name and full postal address of the patient, (b) the disoase from which he balieves the patient to be slflerfing, ana (©) the name and address of the factory in which the patient is, fr was last, employed, ( where the report under sub-section (2) is conflmed to the satis faction of the chief inspector, by the certificate of a certifying surgeon of otherwise, that the person is suffering from a discase specified in the schedule, he shall pey to the medical practitioner such fee ss may be pproseribed and the foe so paid shall be recoverable as an arresr of landseveaue from the occupier of the factory in which the person contracted the disease, (@) if any medical practitioner falls to eomply with the provisions of 'sub-section (2), he shall be punishable with fine which may extend to fifty rupees 90, (1) the stste government may, if it considers it expedient so to do, appoint a competent person to inquire into the eauses af any accident occurring in a factory or into any case where a disease specified in the schedule has been, or js suspected to have been, contracted in a factory fand may also eppoint one or more persons possessing legal or special jenovslodge to ats assessors in such inqulry: setety eccupe: flonat ny savers ene enlly fe sence, maa) + (8) any tite spent by a worker for undergoing medical examination fo furnishing information under subsection (2) shall, for the purpore of ealenlating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory chapter x preaunies ano prosenums $2 save as is otherwise expressly provided in this act and subject to the provisions of section 83, if in, or in respect of, any factory there \| {a any contravention of sny of the provisions of this act or of any roles 'made thereunder ot of any order in writing given thereunder, the oom pier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to three 'months or with fine which may extend to two thousand rupees or with both, and if the contravention is continued after conviction, with » ther fine which may extend to seventy-five rupees for each day 'which the contravention is 99 continued: provided thet where contravention af any of the provisions of chapter iv or eny role made thereunder or under section 87 has resulted i fan accident causing death or terious bodily injury, the fine shall not be jess than one thousand rupees in the ease of an accident eausing death and five hundred rapees ia the ease of an accident eausing serious bodily injury explanction—in this section snd in section 98 "serious bodily injury" 'means an injury which involves, or in all probability will involve, the permanent toss of the use of, or permanent injury to, sny limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any one, but shall not include, the fracture of bone vz joint (not {fracture of more than one bone or joint) of any phalanges of the hand of foot, entancal emily previous sone '94 (1) if sny person who has been convicted of any offence punisir able under section 92 is again guilty of an offence involving a contraven: tion of the same provision, he shall be punishable on a subsequent conic: tion with imprisonment for a term which may extend to six montht with fine which shall not be less than two hundred rupees but which extend to five thousand rupees or with both: 'provided that the caurt may, for any adequate and special to be mentioned in the judgment, impose a fine of less than two hundred rupees: 'provided further that where contravention of any of the provi of chapter iv or any rule made thereunder or under section 87 has ed fn an accident causing death or serious bodily injury the sne rot be less than two thousind rupees in the case of an accident causing seath and one thousand rupees in the case of an accident causing bodily injury (2) for the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission the offence for whieh the parton is subsequently being convicted, penalty sire ing im 85 whoever wilfully obstructe an inspector in the exercise of any 'power conferred on him by or under this act, or falls to produce on de mand by an inspector ang registers or other documents in his custody 'kept in pursuance of this act or of any rules made thereunder, or con seals of prevents sny worker in a factory from appearing belore, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to tree months or with fine which may extend to flve hundred rupees or with both '9% whoever, except in so far as it may be necessary for the purposes of prosecation for any offence punishable under this act publishes ot iscloses to any person the results of an snalysis made under section 81, shall be punishable with imprisonment for a term which may ex: fend to three months or with fine which may extend to five husdred 'rupees or with both, penalty for wrong iy dae sot sulteot halve, inden oneness workers 87 (1) subject to the provisions of section 111, 1f any worker employfd in a factory contravenes any provision of this act or any rules of 'orders made thereunder, imposing any duty ot liability on workers, he shall be punishable with fine which may extend to twenty nupoce, pena rule corte tatoos 98 whoover lenowingly sty of attempts to use, as a certificate of 'ness granted to himself under section 70, a centifeate granted to an- 'other person under thet section, or who, having procured such ¢ osttifi cate knowingly allows it to be used, or an attempt t0 use it to be made, 'by another person, shall be punishable with imprisonment for a term 'which may extend to one month or with fine which may extend to fifty rupees or with both, 99 if child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child ot 'he person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to itty rupees, unless it appears to the court that the child 30 worked without the consent or eonnivance of such patent, guardian ar person penalty tor per mitng ole cmpoysane la ation ot ineertain100 (1) where the occupler of a factory is a fem or other association of individuals, any one of the individual partners or members thereat 'may be prosecuted and punished under this chapter for any ollence for 'which the oocupier of the factory is punishable: provided that the firm or aswociation may give notice to the inspector that it has nominated one of its members, residing within india to be the cceupier of the factory for the purposes of this chapier, and such 'individual shall, so tong as he is resident, be deemed to be the occupier of the factory for the purposes of this chapter, until further notice ca celling his nomination is received by the inspector or until he ceases to bbe partner or member of the firm or association, (2) whore the occupier of a factory is a company, any one of the direc- 'tors thereof, may be prosecuted and punished under this chapter for any 'offence for which the occupier of the factory is punishable: provided that the company may give notice to the inspector that it has 'ominated m director, who is resident within india to be the occupier of the factory for the purposes of this chapter, and auch director shall, o long 12s he is so resident, be deemed to be the occupier of the factory for the purposes of this chapter, until further notice cancelling his nomination ¢ reeelved by the inspector ur until he ceases to be w disector: provided further that in the exo of a factory belonging to the central - 'government or any state government of any loeal authority the person or persons appointed to manage the aff of the factory shall be deemed to be the occupier of that factory for the pueposes of this chapter ( where the owner of any promises or bullding referred to in section 18 ie not an individual, the provisions of this section shall apply to such 'owner as they apply to occuplers of factories who are not individuals, poste tra15, all rules made under this act shall be published in the offeisl gazette, and shall be subject to the eonsltion of previous publication; and the date to be specifed under clause (3) of section 23 of the general 'clauses act, 1997, halt be not less than three months fram the date on 'which the draft of the proposed rules war published 119, the provisions of this act shall have effect notwithstanding sny- 'thing inconsistent therewith contained in the contract labour (regulation 'and abolition) act, 1970 ae tie es contained acts aim, 'the schedule (see sections 89 and 90) 'sr or normans diseases1 lend polsoning, including polsoning by any preparation or come pound of lead or their sequelae, 2, lead tetrs-ethyl poisoning 2 phosphorus pelsoning or its sequelae, 4 meroury poisoning or its sequelae 8 manganese poisoning or is sequelae 6, arsenie poisoning or its sequelae 1 polsoning by nitrous fumes, 8 carbon hisulphide polsoning i 9, benzene poisoning, including polsoning by any of it homtogues, their nitto or amido derivatives or its sequelae 410, chrome ulceration or is sequelae 11, anthrax 12, siicosis, 18, poisoning by halogens or halogen derivatives of the hydrocarbons 'of the aliphatic series14, pathological manifestations due to— (2) radium or other radio-setive substances; (0) x-rays 15 primary epithellomatous cancer' of the skin 16, toxic ansemia 17, tosie jaundice due to poisonous substances, 10, o11 cane or dermatitis due to mineral oils and compounds containing 'mineral oll base 18 byssionoas 20 asbestosis 21, occupational of contract dermatitis caused by direct contact with 'chemicals and paints these are of two types, that is, primary lnvitents and allergic sensitizers 22, noise induced hearing loss (exposure to high note levels)	Parliament_bills	6b8fd9ba-262f-5835-9713-41e5b9722e47
bill no 133 of 2015 the education bill, 2015 by shri shivaji adhalrao patil, mp a billto provide for framing of a comprehensive education policy and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the education act, 2015short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government; and(b) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, constitute a committee for framing of a comprehensive education policy(2) the committee shall consist of a chairperson and four members to be appointed by the central government in such manner as may be prescribedconstitution of a committee to formulate a comprehensive education policy5(3) the salary and allowances payable to, and other terms and conditions of serviceof the chairperson and members of the committee shall be such as may be prescribed4 the committee shall, while framing education policy, take into account—functions of the committee(i) number of schools required; (ii) admission policy in schools;10(iii) curriculum and syllabus; (iv) fees to be charged by schools; (v) basic infrastructrure required in schools;(vi) teacher-student ratio in the schools;15(vii) review the progress of the implementation of the education policy fromtime to time; and(viii) such other matters as may be notified by the central government in thisregard5 it shall be the duty of the appropriate government to implement the education policy formulated under this actimplementation of education policy by the appropriate government20annual report6 (1) the committee shall prepare in such form and at such time, as may be prescribed,for each financial year, an annual report giving a full account of its activities during the previous financial year and forward of copy thereof to the central government2530(2) the central government shall cause the report referred to in sub-section (1) to belaid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for non-acceptance, if any, of any of such recommendations(3) where any such report or any part thereof relates to any matter with which anystate government is concerned, the committee shall forward a copy of such report or part thereof to the state government concerned, which shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for non-acceptance, if any, of any of such recommendations357 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for effective implementation of the provisions of this actcentral government to provide adequate fundspower to make rules408 (1) the central government may by notification in the official gazette make rules for carrying out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule45 statement of objects and reasonsthe education policy requires a complete revamp as it was drafted long ago it should cater to the current day requirements without compromising our culture, tradition, language and aesthetic values therefore, it is proposed that an education policy be framed for imparting education in the country keeping in view the course, admission policy, fee, basic infrastructure and teacher-student ratio in the schools in the countryhence this billnew delhi;shivaji adhalrao patilapril 8, 2015 financial memorandumclause 3 of the bill provides for the constitution of a committee for framing a comprehensive education policy clause 7 provides that the central government shall provide adequate funds to the state governments to carry out the purposes of the act the bill, therefore, if enacted will involve expenditure from the consolidated fund of india at this stage, it is not possible to give an exact estimate of expenditure to be incurred however, it is estimated that annual recurring expenditure of about rupees ten thousand crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for framing of a comprehensive education policy and for matters connected therewith————(shri shivaji adhalrao patil, mp)gmgipmrnd—380ls(s3)—28-04-2015	Parliament_bills	d3c8e452-3832-5288-ac73-196f7205de56
to the wild life (proteciron) amli-id '-1ent bill, 1986 (to be/as introduced in 10k sabha)1 page 3, line 10,-w "suh- section" l:~ '!sub- sections" " r· 2 in the docket page,-;}fter "shri zr ansari," new delhi; t mb~ , np86 __ - j« _ie ~ ~:: __ __ _ _ :-_______ bill no 54 of 1986 the wild life (protection) amendment bill, 1988 a billfurther to amend the wild life (protection) act, 1972 be it enacted by parliament in the thirty-seventh year of the republic of india as follows:-1 (1) this act may be called the wild i,ife (protection) amendment short 5 act, 1986 title (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 'and commf'ncemf'nt 2 in the wild life (protection) act, 1972 (hereinafter referred to as amt'tldthe principal act), in sub-section (1) of section 44,-ment of sectioll 44 (a) in the opening paragraph,--10 15 (i) for the words, brackets and figure "except under, and in accordance with, a licence granted under sub-section (4), no person shall", the words, figures letter and brackets "subject to the provisions of chapter va, no _person shall, except under, and in accorda'nce with, a licence granted under sub-section (4)" shall be substituted; (ii) after sub-clause (i), the following sub-clause shall be inserted, namely:-ii (ia) a manufacturer of, of !it;aler in, any article made of ivory importe!d ~~tt? jndia;"; (b) for the second proviso, the following proviso shall be substituted, namely: ~ "provided fj~ther that nothing in thi~ sub-section shall apply to manufacturers of, and dealers in, articles 'made of feathers of peacock" 3 after chapter v of the principal act, the following chapter shall be inserted, namely:-insertion of new chapter va 'chapter va paohibltion of trade or commerce in tropmes, antmal artlclb8, etc, derived from certain animals 49a in this chapter,-deftnitlons (a) "scheduled animal" mea'lls an arumal speclfted for the time being in schedule i or part ii of schedule ii; (b) "scheduled animal article" means an article made from any 'scheduled animal and includes an article or object in which 15 the whole or any part of such animal has been used; (c) "specified date" means-(i) in relation to a scheduled animal on the commencement of the wild life (protection) amendment act, 1986, the date of expiry of two months from such commencement; and 20 (ii) in relation to any anima! added or transferred to schedule i or part it of schedule ii at any time after such commencement, the date of expiry of two months from such addition or transfer 49b (1) subject to the other provisions of this section, on and 25 after the specified date, no p~san shall,-(a) commence or carryon the business as-(i) a m~nufacturer of, or dealer in, scheduled animal art~c1es; or (ti) a taxidermist with respect to any scheduled animals 30 or any par~s of such animals; or prohibitionof deau in trophies animal articles, etc, derived from scheduled animala (iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or (iv) a dealer in any captive animals being scheduled animals; or 35 (v) a dealer in meat derived from any scheduled animal; or (b) cook or serve meat derived from any scheduled animal in any eating-house erplanation-for the purposes of this 'sub-section, "eatinghowle" has the same meaning a8 in the explanation below 40 8ub-l,iection (1) of section 44 (2) subject to the other provisions of this s~ction, no licence granted or renewed under section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in clause (a) of sub-section (1) of this 45 section or the occupation referred to in clause (b) of that sub-section after such date 5 1 of 1956 21 of 1860 10 (8) notwithstanding anything conta1i1ed in sub-section (i) or sub section (2), where the central government is satisfted that it is necessary or expedient so to do in the public interest, it may, by general or special order published in the official gazette, exempt, for purposes of export, any corporation owned or controlled by the central govemment (including a government company within the meaning of section 617 of the companies act, 1956), or any society registered under the societies registration act, 1860 or any other la:w for the time being in force, wholly or substantially financed by the central government, from the provisions of sub-section (1) and (2) (4) notwithstanding anything contained in sub-section (1) or 'bub-section (2), but subject to any rules which may be made in this behalf, a person holding a licence under section 44 to carry on the business as a taxidermist may put under a process of taxidermy any 15 scheduled animal or any part thereof,-(a) for or on behalf of the government 0,1' any corporation or society exempted under sub-section (3), or (b) with the previous authorisation in writing of the chief wild life warden, for and on beha1f of any pet1;on for educational ~o or 'scientific purposes decjlaration by dealers 49c (1) every person carrying on the business or occupation referred to in sub-section (1) of section 49b shall, within thirty days from the specified date, declare to the chief wild life warden or the authorised officer,-' (a) his stocks, if any as at the end of the specified date of-(i) 'scheduled animal articles; (ti) scheduled animals and parts thereof; (ii~) trophies and uncured trophies derived from scheduled animals; (iv) captive animals, being scheduled animals; (b) the place or places at which the stocks mentioned in the declaration are kept; and (c) the'description of such items, if any, of the stocks mentioned in the declaration which he desires to retain with himself for his bona fide personal use 35 (2) on receipt of a oeclaration under sub-scction (1), the chief wild life warden or the authorised officer may take all or any of the measures specified in section 41 and for this purpose, the provisions of section 41 shall, so far a's may be, apply 45 (3) where, in a declaration made under sub-section (1), the person making the declaration expresses his desire to retain with himself any of the items of the stocks specified in the declaration for his bona fide personal use, the chief wild life warden, with the prior approval of the director, may, if he is satisfied that the person is in lawful possession of such items, issue certificates of ownership in favour of such person with respect to all, or as 'the case may be, such of the items as in the opinion of'the chief wild' life warden, are required for the bona fide personal use of such person and aftix upon such items identification marks in such manner as may be prescribed: provided that no such item shall be kept for display in any commercial premises (4) no persall shan obliterate or counterfeit any identification 5 mark referred· to in 'sub-section (3) (5) an appeal shall lie against any refusal to grant certificate of ownership under sub-section (3) and the provisions of sub-sectiom (2), (3) and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section 10 (6) where a person who has been issued a certiftcate' of ownership under sub-section (3) in respect of any item,-(0) tran'sfers such item to any person, whether by way of gift, sale or otherwise, or ' (b) transfers or transports from the state in which he 15 resides to another state any such item, he shall, within thirty days of such transfer or transpart, report the transfer or transport to the chief wild life warden or the authorised officer within whose jurisdiction the transfer or transport is effected (7) no person, other than a person who has been issued a certift- 20 cate of ownership under sub-section (3) shall, on and after the specified date, keep under his control, sell or offer for sale or transfer to any person any scheduled animal or a scheduled animal article' 4 in section 51 ,of the principal act,-aend-rlwl'el aeetien 51 (0) in sub-section (1), for the words "contravenes any provision 25 of this act", the words, brackets, figure and letter "contravenes any provision of this act (except chapter va)" shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely: - ii (1a) any person who contravenes any provisions of chapter 30 v a, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and also with ftne which shall not be less than ftve thousand rupees" 5 in 'sub-section (1) of section 63 of the principal act, aftel' claua_ 95 (c), the following clause shall be inserted, namely:-i' (d) any other matter which is required to be, or may be, prescribed" the wild life (protection) act, 1972 provides for the protection of wild animals and birds and for matters connected therewith or ancillary thereto 2 under the scheme of the act, trade or commerce in wild animals, animal articles and trophies within the country is permissible and is regulated under chapter v since there is hardly any market within the country for wild animals or articles and derivatives thereat, the stocks acquired for trade within the country are smuggled out to meet the demand in foreign markets this clandestine trade is abetted by illegal practices of poaching which have· taken a heavy toll of our wild an~mals and birds the stocks declared by the traders at the commencement of the wild life (protection) act, 1972 are still used as a cover for such illicit trade attempts to acquire the declared stocks of skins of some wild species have also not met with the desired success, mainly because most traders are not inclined to part with their stocks and thereby lose the ploy for illegal activities it is, therefore, necessary to suitably amend the act to prohibit trade in certain specified wild animals or their derivatives it is, therefore, proposed to provide that no one will be permitted to trade in wild animals specified in schedule i or part ii of schedule ii of the act or in any derivatives therefrom after a period of two months from the commencement of the amending act or two months from the date on which a wild animal is included in schedule i or part ii of schedule ii by notification issued under the provision! of the act all existing licences for mternal trade would be invalid thereafter further, no fresh licences would be granted for internal trade on such wild animals or their derivatives in future an exemption is being given to notified government of india undertakings who can purchase stocks from licensees during the specified period of two months for manufacturing articles from them exclusively for export the exemption at present available to dealers in ivory under the second proviso to section 44(1) is also being removed so as to enforce a total ban in dealing in indian ivory and simultaneously to provide for some regulation over the manufacture and trade of articjes made out of imported ivory 3 the bill seeks to achieve the above objects new delhi; the 30th april, 1986 z r ansar1 memorandum· regarding delegated legislationclause 5 of the bill seeks to amend sub-section (1) of section 63 of the wild life (protection) act, 19'72 80 as to make a residuary provision in that sub-section enabling the central govern·ment to make rules in respect of such other matters which are required to be or may be pres· cribed under the act the delegation of legislative ·power is thus normal in character (53 of 1972) - - - - - 44 (1) except under, and in accordance with a licence granted under lub-section (4), no person shall-(a) commence or carryon the business as-(i) a manufacturer of or dealer in, any animal article; or (ii) a taxidermist; or dealidp id trophy and animal articles without iic:odco probibiled (iii) a dealer in trophy or uncured trophy; or (iv) a dealer in captive animals; or (v) a dealer in meat; or (b) cook or serve meat in any eating-house: provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this act was carrying on the business or occupation specifted in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within· that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him provided further that nothin~ in this sub-section shall apply to manufacturers of and dealers in, articles made of ivory and feathers of peacocks explaf/ation-for the purpospc; of this section, "eatin~-house" includes a hotel, restaurant or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging - - - - - st (1) any person who contravenes any provision of this act or any penalties rule or order mnde thereunder or who commits a breach of any of the conditions 'of any licence or permit granted under thi!! act, shall be ltuilty of an offence allainst this act, and shall, on' conviction, be punishabje with imdrisonment for a term which may extend to two years, or with flne which may extend to two thousand rupees, or' with both: provided that where the nffencp committed is in relation to any animal i'inecifled in schedule i or part ii of schedule j1 or meat of any such an~mal or animal article, trodhy or uncured trophy' derived from such animal or where the offence relates to hunting in a sanctuary or a national , park, such offence shall be punishable with imprisonment for a term which shall not be less than six months but may extend to six years and also with fme which shall not be less than' five hundred rupees: provided further that in the case of a second or subsequent offence of the nature mentioned in the foregoing proviso the term of imprisonment shall not be "less than one year and the amount of the fine shall not be les8 than one thousand rupees - - -- - we , a billfurther to amend the wild life (protection) act, 1972, (shri z r amari ministry of state in the ifinilt", of environment and 1'000at)	Parliament_bills	6cbe65b1-4b64-52a2-b515-f0f3b10c760d
bill no xxviii of 2010 the chartered accountants (amendment) bill, 2010 a bill further to amend the chartered accountants act, 1949be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the chartered accountants (amendment) act, 2010short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint38 of 1949amendment of section 22 in the chartered accountants act, 1949 (hereinafter referred to as the principal act),in section 2,—(i) in sub-section (1),—(a) after clause (c), the following clause shall be inserted, namely:—9 of 1932'(ca) "firm" shall have the meaning assigned to it in section 4 of the indian partnership act, 1932, and includes,—6 of 2009(i) the limited liability partnership as defined in clause (n) ofsub-section (1) of section 2 of the limited liability partnership act,2008;(ii) the sole proprietorship, registered with the institute;'; (b) after clause (ea), the following clauses shall be inserted, namely:—9 of 1932'(eb) "partner" shall have the meaning assigned to it in section 4 of the indian partnership act, 1932 or in clause (q) of sub-section (1) of section 2 of the limited liability partnership act, 2008, as the case may be;6 of 2009(ec) "partnership" means—9 of 1932(a) a partnership as defined in section 4 of the indian partnership act, 1932; or(b) a limited liability partnership which has no company as its partner;';(c) after clause (ha), the following clause shall be inserted, namely:—'(haa) "sole proprietorship" means an individual who engages himself in the practice of accountancy or offers to perform services referred to in clauses (ii) to (iv) of sub-section (2);';(ii) in sub-section (2),—(a) after the words "chartered accountants in practice", the words "or in partnership with members of such other recognised professions as may be prescribed" shall be inserted;(b) in the explanation, for the words "a firm of such chartered accountants", the words "a firm of such chartered accountants or firm consisting of one or more chartered accountant and members of any other professional body having prescribed qualifications" shall be substitutedamendment of section 253 in section 25 of the principal act, in sub-section (1), the following explanation shall be inserted, namely:—'explanation—for the removal of doubts, it is hereby declared that the"company" shall include any limited liability partnership which has company as its partner for the purposes of this section' statement of objects and reasonsthe chartered accountants act, 1949 has been enacted to make provision for the regulation of the profession of the chartered accountants the said act was amended in 2006 by the chartered accountants (amendment) act, 2006, inter alia, to enable the members of the institute of chartered accountants of india to form multi-disciplinary firms and offer multi-professional services in a competitive and commercial manner2 subsequently, the limited liability partnership act, 2008 has been enacted to make provisions for the formation and regulation of limited liability partnerships and for matters connected therewith or incidental thereto the limited liability partnership will be a separate legal entity, liable to the full extent of its assets, with the liability of the partners being limited to their agreed contribution in the limited liability partnership which may be of tangible or intangible nature or both tangible and intangible in nature3 it is proposed to extend the benefits of the limited liability partnership act, 2008 to the firms of chartered accountants under the chartered accountants act, 1949 and to amend the provisions of that act4 the chartered accountants (amendment) bill, 2010, inter alia, proposes to amend the chartered accountants act, 1949 to,—(i) apply certain provisions of the limited liability partnership act, 2008 to the chartered accountants act, 1949 in order to allow the members of the professional institute governed by the chartered accountants act, 1949 to form the limited liability partnership and insert new definitions of "firm", "partner", "partnership" and "sole proprietorship" for the said purpose;(ii) amend the chartered accountants act, 1949 on lines similar with the provisions of the company secretaries act, 1980 so as to allow the professionals of the institute of chartered accounts of india to form partnership with members of such other recognised professions 5 the bill seeks to achieve the above objectivesnew delhi;salman khurshidthe 15th april, 2010 financial memorandumclause 2 and clause 3 of the bill seeks to extend the benefits of the limited liability partnership act, 2008 to the firms of chartered accountants under the chartered accountants act, 1949 the provisions of the bill will not involve any expenditure of recurring or nonrecurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 2 of the bill seeks to amend sub-section (2) of section 2 of the chartered accountant act, 1949 to empower the council of the institute of chartered accountants of india to make regulations for recognition of other professions with whom members of the institute can enter into partnership2 the matters in respect of which the said regulations may be made are matters of procedure and administrative detail, and it is not practicable to provide for them in the proposed bill itself3 the delegation of legislative power is, therefore, of a normal character annexure extracts from the chartered accounts act, 1949 (38 of 1949) 2 (1) in this act, unless there is anything repugnant in the subject or context,—interpretation (2) a member of the institute shall be deemed "to be in practice", when individually or in partnership with chartered accountants in practice, he, in consideration of remuneration received or to he received—(i) engages himself in the practice of accontancy; or (ii) offers to perform or performs services involving the auditing or verificatiion of financial transactions, books, accounts or records, or the preparation, verification or certification of financial accounting and related statements or holds himself out to the public as an accountant; or(iii) renders professional services or assistance in or about matters of principle or detail relating to accounting procedure or the recording, presentation or certification of financial facts or data; or(iv) renders such other services as, in the opinion of the council, are of may be rendered by a chartered accountant in practice; and the words "to be in practice" with their grammatical variations and cognate expressions shall be construed accordingly explanation—an associate or a fellow of the institute who is a salaried employee of a chartered accountant in practice or a firm, of such chartered accountants shall, notwithstanding such employment, be deemed to be in practice for the limited purpose of the training of articled assistants rajya sabha———— a bill further to amend the chartered accountants act, 1949————(shri salman khurshid, minister of corporate affairs)gmgipmrnd—1813rs(s5)—20-04-2010	Parliament_bills	8e022749-6514-52eb-a32a-25a724d1eaac
the educational innovations commission bill, 2018 byshri om prakash yadav, mp——————arrangement of clauses——————clauses chapter i preliminary1 short title and commencement 2 definitions chapter ii establishment, incorporation and composition of india educational innovations commission3establishment of commission4headquarters of commission5composition of commission6qualifications of executive chairperson and of certain members7search committee8terms and conditions of office of executive chairperson and of members other thanex-officio members9filling up of vacancy10disqualifications11removal and resignation of executive chairperson and member12meetings of commission13officers and employees of commission14acts and proceedings presumed to be valid chapter iii objects, function and powers of commission15objects of commission16functions of commission17powers of commissionclauses chapter iv finance, accounts, audit and annual report of commission18fund of commission19budget20account and audit21annual report chapter v educational innovations councils, committees and fellows22constitution of educational innovations councils23appointment of committees and delegation of functions and powers24fellows chapter vi miscellaneous25temporary associations of persons with commission or a council26authentication of orders and other instruments27power of central government to issue directions to commission28power of commission to issue directions to councils29members, officers and employees of commission to be public servants30protection of action taken under the act31returns and information32power to make rules33power to make regulations34power to remove difficulties bill no 81 of 2018 the educational innovations commission bill, 2018 by shri om prakash yadav, mp a billto promote conception, experimentation and implementation of educational innovations in the country by establishing the educational innovations commission and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the educational innovations commission act, 2018short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(i) "chairperson" means the chairperson of the commission; (ii) "commission" means the educational innovations commission establishedunder section 3;(iii) "committee" means a committee appointed under section 23; (iv) "council" means a council constituted under section 22;(v) "executive chairperson" means the executive chairperson of the commission;5(vi) "fellow" means a person duly appointed as a fellow of the commission under section 24;(vii) "fund" means the fund of the commission established under section 18; (viii) "member" means a member of the commission nominated or appointed under sub-section (3) of section 5;(ix) "prescribed" means prescribed by rules made under this act;10(x) "regulations" means regulations made under section 33; and (xi) "vice-chairperson" means the vice-chairperson of the commission chapter ii establishment, incorporation and composition of india educational innovations commission15establishment of commission3 (1) for the purpose of promoting conception, experimentation and implementationof educational innovations in the country, the central government shall, by notification in the official gazette, establish a commission by the name of the educational innovations commission with effect from such date as may be specified in the notification20(2) the commission shall be a body corporate with perpetual succession and common seal and may sue or be sued in its corporate name and shall, subject to be provisions of this act, be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and do all things necessary for the purposes of this act4 the headquarters of the commission shall be at delhi or at such other place, as the central government may, by notification in the official gazette, specifyheadquarters of commission255 (1) the commission shall consist of the chairperson and twelve other members, namely:—composition of commission(a) the prime minister of the india, ex-officio chairperson;(b) the minister of human resource development, ex-officio vice-chairperson;(c) the executive chairperson nominated under sub-section (2);30(d) the secretary to the government of india, ministry of human resourcedevelopment, ex-officio member;(e) the secretary to the government of india, ministry of finance, ex-officiomember;35(f) the additional secretary to the government of india, ministry of humanresource development, department of higher education, ex-officio member;(g) the vice-chancellor of a university, by rotation in such manner as may be prescribed from amongst the vice-chancellor of central universities, ex-officio member;(h) the chairman of the central board of secondary education, ex-officio member;(i) the director, national council of educational research and training, ex-officio member;40(j) one member for innovation in science, technology and vocational courses;(k) one member for innovations in programmes relating to humanities, art, craftand other cultural courses and value-oriented education;(l) one member for innovations in pedagogical methods including those relatedto curriculum, evaluation and teaching-learning aids;5(m) one member for innovations in physical education including courses relatedto gymnastics, aquatics, athletics, combatives, indian and universal games, yogic (physical and psychological) exercise, health, scouts and guides, national cadet corps and national service scheme programmes10(2) the executive chairperson referred to in sub-clause (c) of sub-section (1) shall be nominated by the chairperson from a panel of three persons recommended by the search committee appointed under section 7:provided that the first executive chairperson shall be nominated for a period of two years15(3) each member referred to in clauses (j) to (m) of sub-section (1) shall be nominated by the central government from a panel of three persons recommended by search committee appointed under section 7:provided that the first appointment of the members referred to in this sub-section, shall be made by the chairperson on the recommendation of the executive chairperson from amongst such persons as he thinks fit206 (1) a person to be nominated as an executive chairperson under sub-section (2) ofsection 5, shall,(a) be a citizen of india;qualifications of executive chairperson and of members(b) be a renowned educationist, devoted to educational reforms and innovations; (c) have proven record of reforms and innovations;25(d) have actual experience in experimentation and implementation of reforms andinnovations;(e) be well versed in the educational philosophy of—(i) pioneering educationist of india, and(ii) leading pioneers of educational innovations in the world; and30(f) have sound knowledge of indian and universal culture(2) a person to be nominated as a member under sub-section (3) of section 5, shall:—(a) be a citizen of india; (b) be a renowned educationist, devoted to educational reforms and innovations;35(c) have proven record of reforms and innovations in the relevant fields ofsciences, technology, vocational courses, humanities, arts, crafts and other cultural courses and value oriented courses, pedagogical courses and methods, physical education, yoga, health, scouts and guides, national cadet corps and national service scheme programmes;(d) have actual experience in experimentation and implementation of reforms andinnovations;40(e) be well versed in the educational philosophy of—(i) pioneering educationist of india, and (ii) leading pioneers of educational innovations in the world; and(f) have sound knowledge of indian and universal culturesearch committee7 (1) for the purpose of nomination of executive chairperson and members under sub-sections (2) and (3) of section 5, the central government shall appoint a search committee consisting of three persons who, in the opinion of the central government, are eminent educationists having wide knowledge of educational reforms and innovations and are of high repute and integrity5(2) the central government shall designate one of these persons as the chairperson of the committee(3) the search committee shall follow such procedure as may be prescribed10(4) a member of the search committee shall not be entitled to receive any compensation for his service but shall be reimbursed for the travelling and other expenses incurred by him in discharge of his duties(5) the expenses referred to in sub-section (4) shall be paid out of the fund158 (1) the term of office of members, other than ex-officio members, who are appointed on the recommendation of the executive chairperson, shall be two years from the date of their nomination(2) the term of office of the executive chairperson and members, other than ex-officio members, who are nominated on the recommendation of search committee, shall be five years from the date of their nominationterms and conditions of office of executive chairperson and of members other than exofficiomembers20(3) the term of office of an ex-officio member shall continue so long as he holds office by virtue of which he is such a member(4) the terms and conditions of office of the executive chairperson and the members other than ex-officio members shall be such as may be prescribed(5) the executive chairperson and the members sub-section shall be whole time salaried persons25(6) the salaries and other emoluments of—(i) the executive chairperson shall not be less than that of the secretary to the government of india; and(ii) the members other than ex-officio members shall not be less than that of the additional secretary to the government of india30filling up of vacancies9 (1) on occurrence of any vacancy in the office of the executive chairperson due todeath, resignation or any other reason, the same shall be filled in by the chairperson by nominating a person in the manner provided in section 535(2) on occurrence of any vacancy in the office of the members due to death, resignation or any other reasons, the same shall be filled in by the central government by appointing or, as the case may be, nominating a person in the manner provided in section 5disqualifications10 a person shall be disqualified for being appointed or nominated or being an executive chairperson or a member of the commission if such person,—(a) is, or any time, being adjudged insolvent; (b) is of unsound mind and stands so declared by the competent court;40(c) is or has been convicted of any offence which, in the opinion of the central government, involves normal turpitude; or(d) has, either directly or indirectly, any financial or other interest which is likely to affect prejudicially his functioning4511 (1) notwithstanding anything contained in sub-section (1) of section 8, the chairperson or, as the case may be, the central government may, at any time, remove the executive chairperson or any member from office if, in its opinion, such executive chairperson removal and resignation of executive chairperson and memberor a member,—(a) is, or has become subject to any the disqualifications mentioned in section 10;(b) has been guilty of misconduct in discharge of his duties;5(c) has become physically or mentally incapable of discharging duties as anexecutive chairperson or member;(d) has so abused his position as to render his continuance in office prejudicial to the public interest; or10(e) has, without reasonable cause, refused or failed to perform his duties for a period of not less than three months:provided that the executive chairperson or a member shall not be removed from his office unless an opportunity of being heard is given (2) the executive chairperson may, by writing under his hand addressed to the chairperson resign his office15(3) any member, who is appointed, may, by writing under this hand addressed to the chairperson, resign his office(4) any member, who is nominated may, by writing under his hand addressed to the central government, resign his office20meetings of commission12 (1) the commission shall meet at such time and at such place and shall, subject to sub-sections (2) to, observe such rules of procedure with regard to transaction of its business at the meetings as may be provided by regulations:provided that the commission shall meet at least once in every month (2) if the chairperson, for any reason, is unable to attend any meeting, the vice-chairperson or in his absence, the executive chairperson shall preside over the meeting of the commission25(3) all questions at a meeting of the commission shall be decided by a majority of votes of the members present and voting, and in case when there is an equality of votes, the chairperson or in his absence, the vice-chairperson or in his absence, the executive chairperson shall have and exercise a second or casting vote30(4) the quorum at the meeting of the commission shall not be less than three13 (1) the commission, in order to enable it to perform its functions, may—(a) with the approval of the central government—officers and employees of commission(i) appoint a secretary, and(ii) determine such number and category of other officers and employees, and35(b) appoint other officers and employees so determind(2) the manner of recruitment of, the salary and allowances payable to, and other conditions of service of the secretary, officers and other employees, shall be such as may be determined by the commission by regulations4014 (1) no act or proceeding of the commission shall be questioned or be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of the commissionacts and proceedings presumed to be valid45(2) no act done by any person acting in good faith as an executive chairpersons or a member shall be deemed to be invalid merely on the ground that he was disqualified to be an executive chairperson or a member or that there was any other defect in his appointment or nomination chapter iii objects, functions and powers of commission15 the objectives of the commission shall be as follows,—objects of commission5(a) to conceive, experiment upon and implement such innovative proposals in the fieldof education and learning as would transform the objective, contents and methods of education in the light of the vision of great pioneers and educationists of freedom movement in the country and of progressive educationists of the world and in light of the needs of the contemporary world in its march towards a future that would be in harmony with the ideals of liberty, equality and fraternity;10(b) to introduce and nurture innovations in the educational system so as to reflectperennial spiritual knowledge of the country, robust intellectuality and creativity and the ideals of man-making education, integral development of personality, synthesis of scientific realism and artistic imagination, child-centered education, value-oriented education and skill-oriented education;15(c) to study and derive lessons from the ongoing experiments in education that aretaking place in the country as also elsewhere and to foster all the valuable innovative work and promote the same for larger expansion and utilization;20(d) to develop a system of education that reflects the highest ideals of indian cultureand imparts among students vibrant spirit of patriotism and deepest concern for the highest welfare of humanity, world peace and world unity;(e) to evolve, in particular, programmes and methods of studies that would instill,among students and promote in various sectors of the educational system, devotion to the duties enumerated in article 51a of the constitution;25(f) to promote, sustain and foster all innovative programmes related to the entire humanlife-style including earliest stages of pre-natal care and scaling up to the highest levels of excellence and leadership contributing to the growth of the individual, covering thus the entire gamut of the educational system appropriate to a knowledge society and the ideal of unending educationfunctions of commission3016 (1) subject to the provisions of this act, the commission shall conceive, experimentupon and implement such innovative proposals in the field of education and learning as would transform the objectives, contents and methods of education so as to promote theobjectives of the commission(2) in particular and without prejudice to the generality of the foregoing function, the commission shall perform the following functions, namely:—35(i) to promote experimentation, designing and development of the contents oflearning which would inspire pupils to foster the over-arching aims of education to be achieved by the commission;(ii) to promote, explore and invent new methods of pedagogy and evaluation soas to make the learning process interesting, instructive, experimental and practical;40(iii) to experiment upon the contents and methods of learning at its own innovativeinstitutions or innovative institutions selected by it from those existing;(iv) to promote and recommend, on the basis of results of its experiments carriedout on its own innovative institutions or innovative institutions selected by it as are found by it to be appropriate to achieve the objectives of the commission;45(v) to establish institutions (including institutions for education and training ofteachers) for experimentation and implementation of the educational innovations promoted, explored and invented by it and for education and training of teachers for that purpose;(vi) to recognise as a recognised institution, any institution for experimentationand implementation of the educational innovations recommended by it and for education and training of teachers for that purpose;5(vii) to withdraw recognition of an institution for breach of conditions ofrecognition after giving it an opportunity of being heard;(viii) to establish teachers' education and training institutions of innovativeeducation and to provide for education and training of teachers for implementation of educational innovations recommended by them;10(ix) to experiment, promote and develop the courses which facilitate students toswitch over from existing system of education to the innovative system of education developed by it;(x) to promote innovations in evaluations and to establish appropriate testingservice;15(xi) to support innovations in schools and universities and educationalinstitutions of research, experimentation, training and extension services;(xii) to evolve programmes of innovations in regard to the aims, methods andcontents of education;(xiii) to endeavour to enrich the present system of education so as to make itmore responsive to the ideals of indian nationalism and internationalism;20(xiv) to develop new system of education as supplementary or alternative toexisting system of education;(xv) to perform such other functions as are necessary for, and conducive to, thepromotion of the objectives of the commissionpowers of commission2517 (1) the commission shall have the power to do all such things as are necessary for, and conducive to, the efficient performance of its functions under this act(2) in particular and without prejudice to the generality of the foregoing power, the commission shall have following powers, namely:—(i) to carry out research in aims and contents of education and methods ofpedagogy and evaluation;30(ii) to institute fellowships and scholarships for carrying out research in aimsand contents of education and methods of pedagogy and evaluation;(iii) to organize workshops, conferences, symposia and such other meetings toelicit ideas for educational innovations;35(iv) to have access to all the materials, including books, manuscripts, lithographs,inscriptions on walls of ancient buildings and such other places, which are available with, or is in possession of, any authority established, by or under any law within the gountry and is relevant to the aims and contents of education and methods of pedagogy and evaluation;40(v) to recognize or establish and conduct innovative institutions of educationwith special provision for innovative aims, contents and methods of teaching, learning and evaluation;(vi) to aim at excellence in the innovative system of education; (vii) to grant to the students of that system, certificates equivalent to thecertificates granted by the established system of education at the appropriate level;45(viii) to determine standards of courses proposed or supported by it under itsfunctions related to innovations;(ix) to allocate and disburse grants out of the fund— (a) for its innovations and for innovations in other institutions;5 (b) to institutions and courses (including institutions and courses for teachers' education and training) recognized by it for the purpose of developing them so as to promote experimentation and implementation of educational innovations; (c) for grant of fellowships and scholarships to carry out research in areas relevant to the aims and objects of the commission;(x) to appoint secretary and other officers and employees;10(xi) to constitute council as mentioned in section 22; (xii) to temporarily associate persons with the commission; (xiii) to appoint committees for performing its functions and exercising its powers;15(xiv) to consult and obtain concurrence of the various bodies in respect of recognition and accreditation granted by the statutory boards and universities for the purpose of arriving at equivalence of the courses, programmes and evaluation system established by it with the existing standards of education;(xv) to conduct the processes of the consultation in the spirit of cooperation and flexibility and to enhance and encourage innovations by transcending the barriers of rigidity and obsolete methodologies;20(xvi) to promote the spirit of decentralisation, freedom of initiative and strictness in regard to discipline and maintenance of high standards; and(xvii) to collaborate, to negotiate and to arrive at agreements and arrangements with the government, as also with schools, universities, centers and institutions (including autonomous institutions)25 chapter iv finance, accounts, audit and annual report of commissionfund of commission18 (1) the commission shall have its own fund and all receipts of the commission shall be carried thereto and all payments by the commission shall be made therefrom30(2) the central government may, after due appropriation made by parliament by law in this behalf, grant to the commission such sums of money as it may consider necessary(3) the commission may accept grants, subventions, donations and gifts from a local authority or any individual or body, whether incorporated or not, for the purposes of this act35(4) the commission may spend such sums as it thinks fit for the performance of its functions under this act and such sums shall be treated as an expenditure payable out of the fund of the commission5 of 1970 4040 of 1980(5) all moneys belonging to the fund of the commission shall be kept in any corresponding new bank specified in column 2 of the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970, and in column 2 of the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1980 and approved by the central government for the purpose or invested in securities authorised by the trusts act, 1882, at the discretion of the commission2 of 1982budget4519 (1) the commission shall, by such date in each year as may be prescribed submitto the central government for approval a budget in the prescribed form for the next financial year showing the estimated receipts and expenditure and the sums which would be required from the central government during the financial year(2) if any sum granted by the central government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided by the central government for that year5(3) no sum shall be expended by or on behalf of the commission unless the expenditureis covered by provision in the budget approved by the central governmentaccounts and audit20 (1) the accounts of the commission shall be prepared and maintained in such formand in such manner as may be prescribed10(2) the commission shall cause to be prepared for each financial year an annual statement of accounts in such form as may be prescribed18 of 2013(3) the accounts of the commission shall be audited by an auditor duly qualified to act as an auditor of companies under section 141 of the companies act, 2013 and appointed by the commission15(4) every auditor appointed to audit the accounts of the commission under this act shall have a right to demand the production of books of accounts, connected vouchers and other documents and papers, to inspect the offices of the commission and to require such information from the commission as he may think necessary for the performance of his duty as an auditor20(5) the auditor shall send a copy of his report together with a copy of audited accounts to the commission which shall, as soon as may be after the receipt of the audit report, forward the same to the central government(6) the central government shall, as soon as may be after the receipt of audit report under sub-section (5), cause the same to be laid before both houses of parliamentannual report2521 (1) the commission shall, during each financial year, prepare, in such form and atsuch time as may be prescribed, an annual report giving a true and full account of its activities during the previous financial year and copies of such report shall be forwarded to the central government(2) the central government shall cause every such report to be laid before both houses of parliament within a period of six months from the date of its receipt under subsection (1)30 chapter v educational innovations councils, committees and fellows22 (1) there shall be constituted by the commission, four educational innovations councils as follows, namely:—35constitution of educational innovations councils(i) a council for innovations in programmes relating to science, technology and vocational courses;(ii) a council for innovations in programmes relating to languages, humanities,value-oriented education, socially useful work, art, craft and other cultural courses such as music, drama, dance;40(iii) a council for innovations in pedagogical methods; (iv) a council for innovations in physical education(2) each council shall consist of the executive chairperson who shall be the chairperson of that council45(3) the member referred to in clauses (j), (k) and (m) of sub-section (1) of section 5shall respectively be the member-secretary of the councils referred to in clauses (i), (ii),(iii) and (iv) of sub-section (1)(4) each council shall consist of four scholars to be nominated by the commission as members and shall be selected in such manner as may be prescribed by regulations from amongst eminent educationalists in the subjects of innovations for which the council is constituted5(5) the council shall meet at such time and place and shall observe such rules of procedure with regard to transaction of its business at the meetings as may be prescribed by regulations(6) the council shall perform such other functions and exercise such powers as may be prescribed by regulations1023 (1) the commission may appoint one or more committees consisting of not more than five of its members or members of a council or both, for performing such of the functions or for exercising such of its powers as may be delegated by itappointment of committees and delegation of functions and powers(2) the commission shall, while appointing a committee under sub-section (1), designate one member of the committee as the chairperson of the committee15(3) the committee shall meet at such time and place, and shall observe such rules of procedure with regard to transaction of its business at the meeting as may be determined by itfellows24 (1) for the purpose of carrying out research in educational innovations, there shall be a scheme of fellowships which shall consist of not more than twenty-five fellows20(2) each fellow shall be selected by a committee appointed by the commission for that purpose, from amongst eminent educationists(3) each fellow shall,—(a) carry out research in such subject related to educational innovations as assigned to him by the commission;25(b) for the purpose of research in the subject assigned to him, organise, consultation groups, seminars, workshops and conferences;(c) during his term, write a thesis on the subject assigned to him; and (d) make himself available to the commission for any consultation necessary in respect of the subject of research or thesis assigned to him(4) the term of each fellow shall be one year:30provided that where the commission is of opinion that in order to enable the fellow to complete his research or thesis, it is necessary so to do, it may extend his term for a period not more than one year35(5) the salary and allowances payable to a fellow shall be such as may be determined by the commission by regulations chapter vi miscellaneous4025 (1) the commission may associate with itself in such manner and for such purpose, as may be determined by the regulations, any person whose assistance or advice it may require in performance of its functionstemporary associations of persons with commission or council(2) a person associated by the commission with it under sub-section (1) shall have the right to speak in or otherwise to take part in the meetings of the commission but shall not have the right to vote thereat45(3) the commission may provide for payment of such allowances and expenses to a person associated with it under sub-section clause (1) as may be determined by regulations(4) the council may associate with itself in such manner and for such purpose, as may be determined by the regulations, any person whose assistance or advice it may require in performance of its functions5(5) a person associated by the council with it under sub-section (1) shall have the right to speak in or otherwise to take part in the meetings of the council but shall not have the right to vote thereat(6) the council may provide for payment of such allowances and expenses to a person associated with it under sub-section (1) as may determined by bye-laws10authentication of orders and other instruments26 (1) all order and decisions of the commission shall be authenticated by thesignature of the executive chairperson or any other member authorised by the commission in this behalf and all other instruments issued by the commission shall be authenticated by the signature of the secretary or any other officer of the commission authorised by the commission in this behalf15(2) all decisions of a council shall be authenticated by the signature of the chairperson of the council(3) all decisions of a committee shall be authenticated by the signature of the chairperson of the committee or any other member of the committee authorised by the chairperson in this behalf2027 (1) in performance of its functions under this act, the commission shall be boundby such directions on questions of policy as the central government may give in writing to it from time to time:power of central government to issue directions to commissionprovided that the commission shall be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the central government, whether a question is one of policy or not, shall be final2528 (1) in performance of its functions under this act, the council shall be bound bysuch directions on questions of policy as the commission may give, in writing, to it from time to time:power of commission to issue directions to councils30provided that the council shall be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the commission, whether a question is one of policy or not, shall be final3545 of 186029 the executive chairperson, member, officer and employee of the commission shall, when acting or purporting to act in pursuance of the provisions of this act or of any rules or regulations made thereunder, be deemed to be a public servant within the meaning of section 21 of the indian penal codemembers, officers and employees of commission to be public servants4030 no suit, prosecution or other legal proceeding shall lie against the commission orany member, officer or employee of the commission for anything which is in good faith done or intended to be done in pursuance of the provisions of this act or any rules or regulations made thereunderreturns and information31 the commission shall furnish to the central government such return or otherinformation with respect to its property or activities as the central government may, from time to time, requirepower to make rules4532 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act5(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule10power to make regulations33 (1) the commission may, with the previous approval of the central government,by notification in the official gazette, make regulations not inconsistent with the provisionsof this act, and the rules made thereunder for enabling it to perform its functions under this act(2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the matters expressly required or allowed by this act to be specified by regulations15power to remove difficulties34 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions notinconsistent with the provisions of this act as appears to it to be necessary or expendient for removing the difficulty:20provided that no such order shall be made under this section after the expiry of twoyears from the commencement of this act(2) every order made under this section shall be laid as soon as may be after it is made, before each house of parliament statement of objects and reasonsthe status of the educational system that is prevalent today needs to be innovatedthe stake-holders in the field of education have been voicing the need for such appropriate changes that may cater to the multidimensional needs of students of modern india such changes are possible only if the primacy of the child and youth is kept in centre of attention of the society reformative ideas can be fruitful only if we keep in view the holistic nature of education and indispensable interconnections between various stages of education as also the aims, methods and contents relating to nationalism, internationalism, child-centered education, value-oriented education and skill-oriented educationmodern developments of communication technology need to be utilized so that the process of transmission of knowledge are enriched development of different methodologies need to be employed in order to ensure balanced growth of the hand, heart and head, as also of man-making education and integral education this necessitates harmonious blending of scientific, philosophical, aesthetic, ethical and spiritual pursuits educational researches conducted by pioneering educationists of india and the would need to be pooled together and fresh fields of research need to be developed, monitored and guided on a permanent basisthe spirit of india's perennial spiritual knowledge, robust intellectuality and abundant creativity needs to percolate and inspire the renewal and updating of the curricula throughout our system of education at the same time, the ideal of universe as a family contained in the indian adage "vasudhaiva kutumbakam" has to guide the international dimensions of our education systemhence this billnew delhi;om prakash yadavfebruary 9, 2018 financial memorandumclause 3 of the bill provides for the establishment of educational innovation commission clause 7 provides for appointment of a search committee it also provides for reimbursement of travelling and other expenses to the members of search committee clause 8, and sub-clause (2) of clause 13 provide for salaries and allowances of the executive chairperson, members other than ex-officio members, officers and employees of the commission, respectively clause 18 of the bill stipulates that the fund of the commission shall consist of all receipt of the commission and stipulates that the central government shall provide grants after due appropriation by law clause 24 provides for selection of fellowsclause 25 provides for payment of allowance and expenses to the persons associated with the commission or a council the bill, therefore, if enacted would involve expenditure from the consolidated fund of india a recurring expenditure of rupees five hundred crore is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationthis bill involves the delegation of legislative powers in the following respects:— clause 5— item (g) of sub-cluase (1) of this clause inter-alia empowers the central government to prescribe by rules, the manner of appointment by rotation of the vice-chancellor of a university as a member of the commissionclause 8— sub-clause (4) of this clause empowers the central government to prescribe by rules, the terms and conditions of office of the executive chairperson and the members other than ex-officio members of the commissionclause 12— sub-clause (1) of this clause empowers the commission to prescribe by regulations, the time and the place of the meetings of the commission and the rules of procedure with regard to transaction of its business at the meetingsclause 13— sub-clause (2) of this clause empowers the commission to determine by regulations, the manner of recruitment, salary and allowances and other conditions of service of the secretary, officers and other employees of the commissionclause 16— item(xv) sub-clause (2) of this clause empowers the commission to prescribe by regulations, such other functions to be performed by the commissionclause 19— sub-clause (1) of this clause empowers the central government to prescribe by rules, the date for submission of budget of the commission to the central government and the form in which the budget shall be preparedclause 20— (i) sub-clause (1) of this clause empowers the central government to prescribe by rules, the form and the manner in which the accounts of the commission shall be prepared and maintained;(ii) sub-clause (2) empowers the central government to prescribe by rules, the form in which the commission shall prepare an annual statement of accountsclause 21—sub-clause (1) of this clause empowers the central government to prescribe by rules, the form in which and the time at which the commission shall prepare its annual report and submit to the central governmentclause 22—(i) sub-clause (4) of this clause empowers the commission to prescribe by regulations, the manner in which the four scholars for each council shall be selected amongst eminent educationalists in the subject of innovations;(ii) sub-clause (5) empowers the commission to prescribe by regulations, the time and the place of meetings of the council and the rules of procedure for transaction of business at its meetings;(iii) sub-clause (6) empowers the commission to prescribe by regulation, the other functions to be performed and other powers to be exercised by the councilclause 23—(i) sub-clause (1) of this clause empowers the commission to delegate its functions to be performed and its powers to be exercised by the committee as may be appointed by the commission;(ii) sub-clause (2) empowers the committee to determine the time and the place of meeting of the committee and the rules of procedure to be observed for transaction of business at the meetingclause 24—para (ii) of sub-clause (4) of this clause empowers the commission to determine by regulations the salary and allowances payable to a fellowclause 25—(i) sub-clause (1) of this clause empowers the commission to determine by regulations, the manner in which and the purpose for which the commission may associate with itself, any person whose assistance or advise is required;(ii) sub-clause (3) empowers the commission to determine by regulations, the allowances and expenses payable to a person associated with it;(iii) sub-clause (4) empowers the commission to determine by regulations, the manner in which and the purpose for which the council may associate itself, any person whose assistance or advice is required;(iv) sub-clause (6) empowers the council to determine by bye-laws, the allowances and expenses payable to a person associated with itclause 27—this clause empowers the central government to issue directions to the commission, on questions of policy as may be required in performance of its functionsclause 28—this clause empowers the commission to issue directions to the council, on questions of policy as may be required in performance of its functionsclause 32—this clause empowers the central government to make rules, by notification in the official gazette, generally for carrying out the purposes of the actclause 33—this clause empowers the commission to make regulations, by notification in the official gazette, with the previous approval of the central government, not inconsistent with the provisions of the act and the rules made thereunder and to provide for all or any other matters expressly required or allowed by the act to be prescribed by regulationsclause 35—sub-clause (1) of this clause empowers the central government to remove difficulties, by order published in the official gazette, arising within two years from the date of commencement of the actas the delegation of legislative powers will relate to matter of detail only and is of a normal character———— a billto promote conception, experimentation and implementation of educational innovations inthe country by establishing the educational innovations commission and for mattersconnected therewith and incidental thereto————(shri om prakash yadav, mp)mgipmrnd—4167ls(s3)—05-03-2018	Parliament_bills	dfe6f71a-308e-504b-917e-d1f356c25d14

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