text
stringlengths 43
1.47M
| dataset
stringclasses 1
value | id
stringlengths 36
36
|
|---|---|---|
the banning of unregulated deposit schemes bill, 2018——————— arrangement of clauses——————— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii banning of unregulated deposit schemes3banning of unregulated deposit schemes4fraudulent default in regulated deposit schemes5wrongful inducement in relation to unregulated deposit schemes6certain scheme to be unregulated deposit scheme chapter iii authorities7competent authority8designated court chapter iv information on deposit takers9central database10intimation of business by deposit taker11information to be shared chapter v restitution to depositors12priority of depositors' claim13precedence of attachment14application for confirmation of attachment and sale of property15confirmation of attachment by designated court16attachment of property of malafide transferees17payment in lieu of attachment18powers of designated court clauses19appeal to high court20power of supreme court to transfer cases chapter vi offences and punishments21punishment for contravention of section 322punishment for contravention of section 423punishment for contravention of section 524punishment for repeat offenders25offences by deposit takers other than individuals26punishment for contravention of section 1027cognizance of offences chapter vii investigation, search and seizure28offences to be cognizable and non-bailable29competent authority to be informed of offences30investigation of offences by central bureau of investigation31power to enter, search and seize without warrant32application of code of criminal procedure, 1973 to proceedings before designated court chapter viii miscellaneous33publication of advertisement of unregulated deposit scheme34act to have overriding effect35application of other laws not barred36protection of action taken in good faith37power of central government to make rules38power of state government, etc, to make rules39laying of rules40power to remove difficulties41power to amend first schedule42amendment to certain enactmentsthe first schedule the second schedule bill no 85 of 2018 the banning of unregulated deposit schemes bill, 2018 a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes and to protect the interest of depositors and for matters connected therewith or 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 banning of unregulated deposit schemesact, 2018short title, extent and commencement(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, appoint:definitions2 in this act, unless the context otherwise requires,—(1) "appropriate government" means in respect of matters relating to,—(i) the union territory without legislature, the central government; (ii) the union territory of puducherry, the government of that union territory;5(iii) the union territory of delhi, the government of that union territory;and(iv) the state, the state government;1018 of 2013(2) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the companies act, 2013;(3) "competent authority" means an authority appointed by the appropriate government under section 7;15(4) "deposit" means an amount of money received by way of an advance or loan or in any other form, by any deposit taker with a promise to return whether after a specified period or otherwise, either in cash or in kind or in the form of a specified service, with or without any benefit in the form of interest, bonus, profit or in any other form, but does not include—2010 of 1949(a) amounts received as loan from a scheduled bank or a co-operative bank or any other banking company as defined in section 5 of the banking regulation act, 1949;2 of 193425(b) amounts received as loan or financial assistance from the public financial institutions notified by the central government in consultation with the reserve bank of india or any non-banking financial company as defined in clause (f) of section 45-i of the reserve bank of india act, 1934 and is registered with the reserve bank of india or any regional financial institutions or insurance companies;30(c) amounts received from the appropriate government, or any amount received from any other source whose repayment is guaranteed by the appropriate government, or any amount received from a statutory authority constituted under an act of parliament or a state legislature;42 of 199935(d) amounts received from foreign governments, foreign or international banks, multilateral financial institutions, foreign government owned development financial institutions, foreign export credit collaborators, foreign bodies corporate, foreign citizens, foreign authorities or persons resident outside india subject to the provisions of the foreign exchange management act, 1999 and the rules and regulations made thereunder;(e) amounts received by way of contributions towards the capital by partners of any partnership firm or a limited liability partnership;40(f) amounts received by an individual by way of loan from his relatives or amounts received by any firm by way of loan from the relatives of any of its partners;(g) amounts received as credit by a buyer from a seller on the sale of anyproperty (whether movable or immovable);45(h) amounts received by an asset re-construction company which isregistered with the reserve bank of india under section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;43 of 1951(i) any deposit made under section 34 or an amount accepted by a politicalparty under section 29b of the representation of the people act, 1951;(j) any periodic payment made by the members of the self-help groupsoperating within such ceilings as may be prescribed by the state government or union territory government;5(k) any other amount collected for such purpose and within such ceilingsas may be prescribed by the state government;(l) an amount received in the course of, or for the purpose of, businessand bearing a genuine connection to such business including—10(i) payment, advance or part payment for the supply or hire ofgoods or provision of services and is repayable in the event the goods or services are not in fact sold, hired or otherwise provided;15(ii) advance received in connection with consideration of animmovable property under an agreement or arrangement subject to the condition that such advance is adjusted against such immovable property as specified in terms of the agreement or arrangement;(iii) security or dealership deposited for the performance of thecontract for supply of goods or provision of services; or20(iv) an advance under the long-term projects for supply of capitalgoods except those specified in item (ii):provided that if the amounts received under items (i) to (iv) becomerefundable, such amounts shall be deemed to be deposits on the expiry of fifteen days from the date on which they become due for refund:25provided further that where the said amounts become refundable,due to the deposit taker not obtaining necessary permission or approval under the law for the time being in force, wherever required, to deal in the goods or properties or services for which money is taken, such amounts shall be deemed to be depositsexplanation— for the purposes of this clause,—3018 of 2013(i) in respect of a company, the expression "deposit" shallhave the same meaning as assigned to it under the companies act, 2013;2 of 193435(ii) in respect of a non-banking financial company registeredunder the reserve bank of india act, 1934, the expression "deposit" shall have the same meaning as assigned to it in clause (bb) ofsection 45-i of the said act;(iii) the expressions "partner" and "firm" shall have themeanings respectively assigned to them under the indian partnership act, 1932;9 of 193240(iv) the expression "partner" in respect of a limited liability partnership shall have the same meaning as assigned to it in clause (q) of section 2 of the limited liability partnership act, 2008;6 of 2009(v) the expression "relative" shall have the same meaning as assigned to it in the companies act, 2013;18 of 2013(5) "depositor" means any person who makes a deposit under this act;45(6) "deposit taker" means—(i) any individual or group of individuals;(ii) a proprietorship concern; (iii) a partnership firm (whether registered or not);6 of 2009(iv) a limited liability partnership registered under the limited liability partnership act, 2008;(v) a company;5(vi) an association of persons;2 of 1882(vii) a trust (being a private trust governed under the provisions of the indian trusts act, 1882 or a public trust, whether registered or not);(viii) a co-operative society or a multi-state co-operative society; or (ix) any other arrangement of whatsoever nature,10receiving or soliciting deposits, but does not include—(i) a corporation incorporated under an act of parliament or a state legislature;15 10 of 1949(ii) a banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi- state co-operative bank as defined in the banking regulation act,1949; (7) "designated court" means a designated court constituted by the appropriate government under section 8;4 of 193820(8) "insurer" shall have the same meaning as assigned to it in clause (9) of section 2 of the insurance act, 1938;(9) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(10) "person" includes—(i) an individual;25(ii) a hindu undivided family; (iii) a company;(iv) a trust; (v) a partnership firm;(vi) a limited liability partnership;30(vii) an association of persons; (viii) a co-operative society registered under any law for the time being in force relating to co-operative societies; or(ix) every artificial juridical person, not falling within any of the preceding sub-clauses;35(11) "prescribed" means prescribed by the rules made by the central government or, as the case may be, the state government under this act;40(12) "property" means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located;18 of 2013(13) "public financial institution" shall have the same meaning as assigned to it in clause (72) of section 2 of the companies act, 2013;(14) "regulated deposit scheme" means the schemes specified under column (3) of the first schedule;(15) "regulator" means the regulator specified in column (2) of the first schedule;(16) "schedule" means the schedules appended to this act;5(17) "unregulated deposit scheme" means a scheme or an arrangement underwhich deposits are accepted or solicited by any deposit taker by way of business and which is not a regulated deposit scheme chapter ii banning of unregulated deposit schemes3 on and from the date of commencement of this act,—10(a) the unregulated deposit schemes shall be banned; andbanning of unregulated depositschemes(b) no deposit taker shall, directly or indirectly, promote, operate, issue anyadvertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit scheme154 no deposit taker, while accepting deposits pursuant to a regulated depositscheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositfraudulent default in regulated deposit schemes205 no person shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemewrongful inducement in relation to unregulated deposit schemes43 of 19786 a prize chit or a money circulation scheme banned under the provisions of theprize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actcertain scheme to be unregulated deposit scheme chapter iii25 authoritiescompetent authority7 (1) the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this act30(2) the appropriate government may, by notification, appoint such other officer or officers as it thinks fit, to assist the competent authority in discharging its functions under this act35(3) where the competent authority or officers appointed under sub-section (2), for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed405 of 1908(4) the competent authority shall, for the purposes of sub-section (3), have thesame powers as vested in a civil court under the code of civil procedure, 1908 while conducting investigation or inquiry in respect of the following matters, namely:—(a) discovery and inspection;45(b) enforcing the attendance of any person, including any officer of a reportingentity and examining him on oath;(c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed5(5) the competent authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section10(6) all the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required45 of 1860(7) every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code15(8) subject to any rules made in this behalf by the central government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this act:provided that the officers referred to in sub-section (2) shall not—(a) impound any records without recording his reasons for so doing; or20(b) retain in his custody any such records for a period exceeding three months,without obtaining the previous approval of the competent authoritydesignated court258 (1) the appropriate government shall, with the concurrence of the chief justiceof the concerned high court, by notification, constitute one or more courts known as the designated courts for such area or areas or such case or cases as may be specified in such notification, which shall be presided over by a judge not below the rank of a district and sessions judge or additional district and sessions judge(2) no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act apply30 2 of 1974(3) when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial chapter iv information on deposit takerscentral database359 (1) the central government may designate an authority which shall create,maintain and operate an online database for information on deposit takers operating in india(2) the authority designated under sub-section (1) may require any regulator orthe competent authority to share such information on deposit takers, as may be prescribed40intimation of business by deposit taker10 (1) every deposit taker which commences or carries on its business as such onor after the commencement of this act shall intimate the authority referred to in sub-section (1) of section 9 about its business in such form and manner and within suchtime, as may be prescribed45(2) the competent authority may, if it has reason to believe that the deposits arebeing solicited or accepted pursuant to an unregulated deposit scheme, direct anydeposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit takerexplanation— for the removal of doubts, it is hereby clarified that—5(a) the requirement of intimation under sub-section (1) is applicable to deposittakers accepting or soliciting deposits as defined in clause (4) of section 2; and18 of 2013(b) the requirement of intimation under sub-section (1) applies to a company, ifthe company accepts the deposits under chapter v of the companies act, 2013information to be shared1011 (1) the competent authority shall share all information received under section 29with the central bureau of investigation and with the authority which may be designated by the central government under section 915(2) the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigation20(3) where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority chapter v restitution to depositorspriority of depositors' claim54 of 2002 31 of 20162512 save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authorityprecedence of attachment54 of 2002 31 of 20163013 (1) save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authority35(2) where an order of provisional attachment has been passed by the competentauthority—(a) such attachment shall continue until an order is passed under sub-section (3)or sub-section (5) of section 15 by the designated court;40(b) all the attached money or property of the deposit taker and the personsmentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated court(3) the competent authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated court45(4) the competent authority shall not dispose of or alienate the property or moneyattached, except in accordance with the order of the designated court under sub-section (3)or sub-section (5) of section 15(5) notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other property5application for confirmation of attachment and sale of property1014 (1) the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private sale(2) in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court1515 (1) upon receipt of an application under section 14, the designated court shall issue notice to—(a) the deposit taker; andconfirmation of attachment by designated court(b) any person whose property is attached under section 14,20to show cause, within a period of thirty days from the date of issue of notice, as to why the order of attachment should not be made absolute and the properties so attached be sold(2) the designated court shall also issue notice to all other persons represented to it as having or being likely to claim any interest or title in the property, to appear on the same date as persons referred to in sub-section (1) to raise objections, if they so desire, to the attachment of the property25(3) the designated court shall, after adopting such procedure as may be prescribed, pass an order—(a) making the provisional order of attachment absolute; or(b) varying it by releasing a portion of the property from attachment; or(c) cancelling the provisional order of attachment,30and in case of an order under clause (a) or clause (b), direct the competent authority to sell the property so attached by public auction or, if necessary, by private sale and realise the sale proceeds(4) the designated court shall not, in varying or cancelling the provisional order of attachment, release any property from attachment, unless it is satisfied that—35(a) the deposit taker or the person referred to in sub-section (1) has interest insuch property; and(b) there shall remain an amount or property sufficient for repayment to the depositors of such deposit taker40(5) the designated court shall pass such order or issue such direction as may be necessary for the equitable distribution among the depositors of the money attached or realised out of the sale(6) the designated court shall endeavor to complete the proceedings under this section within a period of one hundred and eighty days from the date of receipt of the application referred to in sub-section (1)45attachment of property of malafide transferees16 (1) where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached5(2) where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bonafide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferred10payment in lieu of attachment17 (1) any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachment15(2) while allowing the deposit taker or person or transferee referred to in sub-section (1) to make the deposit under sub-section (1), the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicable18 (1) the designated court shall exercise the following powers, namely:—powers of designated court20(a) power to approve the statement of dues of the deposit taker due from various debtors;(b) power to assess the value of the assets of the deposit taker and finalise thelist of the depositors and their respective dues;25(c) power to direct the competent authority to take possession of any assetsbelonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account;(d) power to approve the necessary expenditure to be incurred by the competent authority for taking possession and realisation of the assets of the deposit taker;30(e) power to pass an order for full payment to the depositors by the competentauthority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability;35(f) power to direct any person, who has made profit or averted loss by indulgingin any transaction or activity in contravention of the provisions of this act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention; and(g) power to pass any other order which the designated court deems fit forrealisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto40(2) on the application of any person interested in any property attached andvested in the competent authority under this act and after giving such competent authority an opportunity of being heard, make such order as the designated court considers just and reasonable for—45(a) providing from such of the property attached and vested in the competentauthority as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been initiated against him in the designated court under this act; or(b) safeguarding, so far as may be practicable, the interest of any business affected by the attachment5explanation—for the purposes of this section, the expression "deposit taker"includes the directors, promoters, managers or members of said establishment or any other person whose property or assets have been attached under this actappeal to high court19 any person including the competent authority, if aggrieved by any final orderof the designated court under this chapter, may appeal to the high court, within a period of sixty days from the date of such order:10provided that the high court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in timeexplanation— the expression "high court" means the high court of a state or union territory where the designated court is situated15power of supreme court to transfer cases20 (1) whenever it is made to appear to the supreme court that there is a defaultin any deposit scheme or deposit schemes of the nature referred to in section 30, the supreme court may, by an order, direct that any particular case be transferred from one designated court to another designated court20(2) the supreme court may act under this section only on an application filed by the competent authority or any interested party, and every such application shall be supported by an affidavit25(3) where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the case chapter vi offences and punishments30punishment for contravention of section 321 (1) any deposit taker who solicits deposits in contravention of section 3 shallbe punishable with imprisonment for a term which shall not be less than one year butwhich may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees35(2) any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees40(3) any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the unregulated deposit schemeexplanation— for the purposes of this act,—45 of 1860(i) the expression "fraudulently" shall have the same meaning as assigned to it in section 25 of the indian penal code;45(ii) where the terms of the deposit scheme are entirely impracticable or unviable, the terms shall be relevant facts showing an intention to defraudpunishment for contravention of section 4522 any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both23 any person who contravenes the provisions of section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupeespunishment for contravention of section 510punishment for repeat offenders24 whoever having been previously convicted of an offence punishable under this chapter, except the offence under section 26, is subsequently convicted of an offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend to fifty crore rupees15offences by deposit takers other than individuals25 (1) where an offence under this act has been committed by a deposit taker other than an individual, every person who, at the time the offence was committed, was in charge of, and was responsible to, the deposit taker for the conduct of its business, as well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly20(2) nothing contained in sub-section (1) 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 diligence to prevent the commission of such offence25(3) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a deposit taker other than an individual, and it is proved that the offence—(a) has been committed with the consent or connivance; or (b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker,30such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglypunishment for contravention of section 1026 whoever fails to give the intimation required under sub-section (1) ofsection 10 or fails to furnish any such statements, information or particulars as required under sub-section (2) of that section, shall be punishable with fine which may extend tofive lakh rupees35cognizance of offences27 notwithstanding anything contained in section 4, no designated court shalltake cognizance of an offence punishable under that section except upon a complaint made by the regulator:provided that the provisions of section 4 and this section shall not apply in relationto a deposit taker which is a company 40 chapter vii investigation, search and seizure2 of 1974offences to be cognizable and non-bailable28 notwithstanding anything contained in the code of criminal procedure, 1973every offence punishable under this act, except the offence under section 22 and section 26, shall be cognizable and non-bailable4529 the police officer shall, on recording information about the commission of anoffence under this act, inform the same to the competent authoritycompetent authority to be informed of offences30 (1) on receipt of information under section 29 or otherwise, if the competent authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which—investigation of offences by central bureau of investigation5(a) the depositors, deposit takers or properties involved are located in morethan one state or union territory in india or outside india; and(b) the total value of the amount involved is of such magnitude as to significantlyaffect the public interest,the competent authority shall refer the matter to the central government for investigation by the central bureau of investigation1025 of 1946(2) the reference made by the competent authority under sub-section (1) shall be deemed to be with the consent of the state government under section 6 of the delhi special police establishment act, 19461525 of 1946(3) on the receipt of the reference under sub-section (1), the central government may transfer the investigation of the offence to the central bureau of investigation under section 5 of the delhi special police establishment act, 1946power to enter, search and seize without warrant2031 (1) whenever any police officer, not below the rank of an officer-in-charge of a police station, has reason to believe that anything necessary for the purpose of an investigation into any offence under this act may be found in any place within the limits of the police station of which he is in-charge, or to which he is attached, such officer may, with the written authorisation of an officer not below the rank of superintendent of police, and after recording in writing so far as possible, the thing for which the search is to be made and subject to the rules made in this behalf, authorise any officer sub-ordinate to him,—25(a) to enter and search any building, conveyance or place, between sunrise and sunset, which he has reason to suspect is being used for purposes connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act;30(b) in case of resistance, to break open any door and remove any obstacle to such entry, if necessary by force, with such assistance as he considers necessary, for exercising the powers conferred by clause (a);(c) to seize any record or property found as a result of the search in the said building, conveyance or place, which are intended to be used, or reasonably suspected to have been used, in connection with any such deposit-taking scheme or arrangement in contravention of the provisions of this act; and35(d) to detain and search, and if he thinks proper, take into custody and produce before any designated court any such person whom he has reason to believe to have committed any offence punishable under this act:40provided that if such officer has reason to believe that the said written authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may, without the said written authorisation, enter and search such building, conveyance or place, at any time between sunset and sunrise after recording the grounds in writing45 50(2) where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to freeze such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act and it shall be binding on the concerned bank or financial or market establishment to comply with the said order:provided that no bank or financial or market establishment shall freeze such account, deposit or valuable securities, for a period beyond thirty days unless the same is authorised by the order of the designated court:5provided further that, if at any time, it becomes practicable to seize the frozenproperty, the officer authorised under sub-section (1) may seize such propertyexplanation—for the purposes of this section, the expressions,—(i) "freezing of account" shall mean that no transaction, whether deposit or withdrawal shall be allowed in the said account; and10(ii) "freezing of property" shall mean that no transfer, conversion, dispositionor movement of property shall be allowed15(3) where an officer takes down any information in writing or records grounds for his belief or makes an order in writing under sub-section (1) or sub-section (2), he shall, within a time of seventy-two hours send a copy thereof to the designated court in a sealed envelope and the owner or occupier of the building, conveyance or place shall, on application, be furnished, free of cost, with a copy of the same by the designated court2 of 1974(4) all searches, seizures and arrests under this section shall be made in accordancewith the provisions of the code of criminal procedure, 19732032 (1) the designated court may take cognizance of offences under this act without the accused being committed to it for trial2 of 1974(2) save as otherwise provided in section 31, the provisions of the code of criminal procedure, 1973 shall apply—(a) to all arrests, searches and seizures made under this act;application of code of criminal procedure, 1973 to proceedings before designated court25(b) to the proceedings under this act and for the purposes of the said provisions,the designated court shall be deemed to be a court of session and the persons conducting the prosecution before the designated court, shall be deemed to be public prosecutors chapter viii miscellaneous30publication of advertisement of unregulated deposit scheme3533 where any newspaper or other publication of any nature, contains anystatement, information or advertisement promoting, soliciting deposits for, or inducing any person to become a member of any unregulated deposit scheme, the appropriate government may direct such newspaper or publication to publish a full and fair retraction, free of cost, in the same manner and in the same position in such newspaper or publication as may be prescribedact to have overriding effect34 save as otherwise expressly provided in this act, the provisions of this actshall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territory4035 the provisions of this act shall be in addition to, and not in derogation of, theprovisions of any other law for the time being in forceapplication of other laws not barred protection of action taken in good faith36 no suit, prosecution or other legal proceedings shall lie against the appropriategovernment or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunder4537 (1) the central government may, by notification, make rules for carrying outthe provisions of this actpower of central 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 information and other particulars to be taken into consideration beforeissuing an order, and the manner of attachment, under sub-section (3) of section 7;5(b) information to be shared under sub-section (2) of section 9;(c) the form and manner in which and the time within which the intimation shallbe given under sub-section (1) of section 10;(d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14;10(e) the procedure to be adopted by the designated court before issuing anorder under sub-section (3) of section 15;(f) rules under sub-section (1) of section 31;(g) the manner of publication of advertisement under section 33; and15(h) any other matter which is required to be, or may be, prescribed, or in respectof which provision is to be made by rules38 (1) the state government or union territory government, as the case may be, in consultation with the central government, by notification, make rules for carrying out the provisions of this actpower of state government, etc to make rules20(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) ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) purpose and ceiling under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authorityunder sub-section (3) of section 7;25(d) other matters under clause (f) of sub-section (4) of section 7; (e) the rules relating to impounding and custody of records under sub-section (8)of section 7; and(f) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be made by rules30laying of rules3539 (1) every rule made by the central government 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, 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 rule40(2) every rule made by a state government or the union territory government, asthe case may be, shall be laid, as soon as may be after it is made, before each house of thestate legislature or the union territory legislature, as the case may be, where it consists of two houses, or where such legislature consists of one house, before that housepower to remove difficulties4540 (1) if any difficulty arises in giving effect to the provisions of this act, thecentral 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 such order shall be made under this section after the expiry ofthree years 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 parliamentpower to amend first schedule541 (1) the central government may, having regard to the objects of this act, andif it considers necessary or expedient so to do, by notification, add to, or as the case may be, omit from the first schedule, any scheme or arrangement, and on such addition, or omission, such scheme or arrangement shall become, or cease to be, a regulated deposit scheme, as the case may be(2) a copy of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each house of parliament1042 the enactments specified in the second schedule shall be amended in themanner specified thereinamendment to certain enactments the first schedule[(see section 2 (15)] regulated deposit schemes(1) the regulator and regulated deposit scheme refers to the regulators and schemes and arrangements listed in the following table, namely:—tablesl noregulatorregulated deposit scheme(1)(2)(3)1securities and(i) any scheme or an arrangement [as defined underexchange boardsection 11aa of the securities and exchange board ofof indiaindia act, 1992 (15 of 1992)] launched, sponsored orcarried out by a collective investment management company registered with the securities and exchange board of india under the securities and exchange board of india (collective investment scheme) regulations, 1999 (ii) any scheme or an arrangement registered with the securities and exchange board of india under the securities and exchange board of india (alternative investment funds) regulations, 2012 (iii) any scheme or an arrangement, pursuant to which funds are managed by a portfolio manager, registered under the securities and exchange board of india (portfolio managers) regulations, 1993 (iv) any scheme or an arrangement regulated under the securities and exchange board of india (share basedemployee benefits) regulations, 2014 or providing for employee benefits as permitted under the companies act, 2013 (18 of 2013) (v) any other scheme or an arrangement registered under the securities and exchange board of india act,1992 (15 of 1992), or the regulations made thereunder (vi) any amount received as contributions in the nature of subscriptions to a mutual fund registered with securities and exchange board of india under the securities and exchange board of india (mutual funds) regulations, 19962reserve bank of(i) any scheme under which deposits are accepted byindianon-banking financial companies as defined in clause(f) of section 45-i of the reserve bank of india act, 1934 (2 of 1934) and registered with the reserve bank of india; or any other scheme or an arrangement registered underthe reserve bank of india act, 1934| (1) | (2) | (3) ||----------------------------------------------------------|--------------------------------------------------------------|-------------------------------------------------------|| (ii) any scheme or an arrangement under which funds | | || are accepted by individuals or entities engaged as | | || business correspondents and facilitators by banks | | || subject to the guidelines and circulars issued by the | | || reserve bank of india from time to time | | || (iii) any scheme or an arrangement under which funds | | || are received by a system provider operating as an | | || authorised payment system under the payment and | | || settlement systems act, 2007 (51 of 2007) | | || (iv) any other scheme or an arrangement regulated under | | || the reserve bank of india act, 1934 (2 of 1934), or the | | || guidelines or circulars of the reserve bank of india | | || 3 | the insurance | a contract of insurance pursuant to a certificate of || regulatory and | registration obtained in accordance with the insurance | || development | act, 1938 (4 of 1938) | || authority of india | | || 4 | state government or | (i) any scheme or an arrangement made or offered by a || union territory | co-operative society registered under the co-operative | || government | societies act, 1912 (2 of 1912) or a society being a society | || registered or deemed to be registered under any law | | || relating to co-operative societies for the time being in | | || force in any state or union territory | | || (ii) any scheme or an arrangement commenced or | | || conducted as a chit business with the previous sanction | | || of the state government in accordance with the | | || provisions of the chit funds act, 1982 (40 of 1982) | | || (iii) any scheme or an arrangement regulated by any | | || enactment relating to money lending which is for the | | || time being in force in any state or union territory | | || (iv) any scheme or an arrangement by a prize chit or | | || money circulation scheme under section 11 of the prize | | || chits and money circulation scheme (banning) act, | | || 1978 (43 of 1978) | | || 5 | national housing bank | any scheme or an arrangement for acceptance of || deposits registered under the national housing bank | | || act, 1987 (53 of 1987) | | || 6 | pension fund | any scheme or an arrangement under the pension fund || regulatory and | regulatory and development authority act, 2013 | || development authority | (23 of 2013) | || 7 | employees provident | any scheme, pension scheme or insurance scheme || fund organisation | framed under the employees' provident fund and | || miscellaneous provisions act, 1952 (19 of 1952) | | || 8 | central registrar, | any scheme or an arrangement for acceptance of || multi-state co- | deposits from voting members by a multi-state | || operative societies | co-operative society registered under the multi-state | || co-operative societies act, 2002 (39 of 2002) | | || (1) | (2) | (3) ||--------------------------------------------------------|-------------------------------------------------------|---------------------------------------------------------|| 9 | ministry of corporate | (i) deposits accepted or permitted under the provisions || affairs, government | of chapter v of the companies act, 2013 (18 of 2013) | || of india | | || (ii) any scheme or an arrangement under which deposits | | || are accepted by a company declared as a nidhi or a | | || mutual benefit society under section 406 of the | | || companies act, 2013 (18 of 2013) | | |(2) the following shall also be treated as regulated deposit schemes under this act, namely:—(a) deposits accepted under any scheme or an arrangement registered with any regulatory body in india constituted or established under a statute; and(b) any other scheme as may be notified by the central government under this act the second schedule [(see section 42)] amendment to certain enactments part i amendment to the reserve bank of india act, 1934in the reserve bank of india act, 1934, in section 45-i, in clause (bb), after explanation ii, the following explanation shall be inserted, namely:—amendmentof section 45-i of act 2 of1934"explanation iii— the amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such co-operative society" part ii amendments to the securities and exchange board of india act, 1992in the securities and exchange board of india act, 1992,—amendment of section 11 of act 15 of 1992(i) in section 11, in sub-section (4), for clause (e), the following clause shall be substituted, namely:—"(e) attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that the board shall, within ninety days of the said attachment, obtain confirmation of the said attachment from the special court, established under section 26a, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28a shall apply:provided further that only property, bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached"; (ii) in section 28a, after explanation 3, the following explanation shall be inserted, namely:—43 of 1961"explanation 4—the interest referred to in section 220 of the income-tax act, 1961 shall commence from the date the amount became payable by the person" part iii amendment to the multi-state co-operative societies act, 2002in the multi-state co-operative societies act, 2002, in section 67, in sub-section (1),—amendment of section 67 of act 39 of 2002(a) after the words "receive deposits" , the words "from its voting members"shall be inserted;(b) the following explanation shall be inserted, namely:—"explanation— for the removal of doubts, it is hereby clarified that a multi-state co-operative society shall not be entitled to receive deposits from persons other than voting members" statement of objects and reasonsnon-banking entities are allowed to raise deposits from the public under the provisions of various statutes enacted by the central government and the state governments however, the regulatory framework for deposit taking activity in the country is not seamless the regulators operate in well defined areas within the financial sector by regulating particular kinds of entities or activities for instance, non-banking financial companies are under the regulatory and supervisory jurisdiction of the reserve bank of india similarly chit funds, money circulation including multi-level marketing schemes and schemes offered by co-operative societies are under the domain of the respective state governments in the same manner, the collective investment schemes come under the purview of the securities and exchange board of india despite such diverse regulatory framework, schemes and arrangements leading to unauthorised collection of money and deposits fraudulently, by inducing public to invest in uncertain schemes promising high returns or other benefits, are still operating in the society2 the central legislations such as the prize chits and money circulation schemes(banning) act, 1978 and the chit funds act, 1982 and the legislations enacted by the state governments have not been able to completely address the issue of unregulated deposit schemes run by unscrupulous elements this regulatory gap was highlighted in the twentyfirst report of the parliamentary related standing committee on finance (sixteenth lok sabha) titled as "efficacy of regulation of collective investment schemes, chit funds, etc" the said committee in its report has recommended the requirement of "appropriate legislative provisions, coupled with effective administrative and enforcement measures in order to protect the hard-earned savings and investments made by millions of people" presently, there are considerable differences among state laws in protecting the interests of depositors, and many unregulated deposit taking schemes operate across state boundaries3 in view of the above, it becomes necessary to have a central legislation to ensure a comprehensive ban on unregulated deposit taking activity and for its effective enforcement the proposed bill, namely, the banning of unregulated deposit schemes bill, 2018, aims to prevent such unregulated deposit schemes or arrangements at their inception and at the same time makes soliciting, inviting or accepting deposits pursuant to an unregulated deposit scheme as a punishable offence the bill seeks to put in place a mechanism by which the depositors can be repaid without delay by attaching the assets of the defaulting establishments4 the banning of unregulated deposit schemes bill, 2018, inter alia, provides for the following, namely:—(i) to make a provision for banning of unregulated deposit schemes; (ii) to impose an obligation on the deposit taker, pursuant to a regulated depositscheme, not to commit any fraudulent default in the repayment or return of the deposit;(iii) to provide for deterrent punishment for promoting or operating anunregulated deposit taking scheme;(iv) to provide for punishment for fraudulent default in repayment to depositors;(v) designation of a competent authority by the state government to ensure repayment of deposits in the event of default by a deposit taking establishment;(vi) to constitute the designated courts for such area or areas or such case or cases as per the provisions of the proposed bill;(vii) to empower the central government to designate an authority which shall create, maintain and operate an online data base for information on deposit takers operating in india; and(viii) to confer powers and functions upon the competent authority including the power to attach assets of a defaulting establishment 5 the notes on clauses explain in detail the provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 7th march, 2018 notes on clausesclause 1—this clause relates to short title, extent and commencement of the proposed legislationclause 2 this clause contains the definition of various expressions used in the proposed legislationclause 3—this clause relates to banning of unregulated deposit schemes this clause provides that on and from the date of commencement of this act, the unregulated deposit schemes shall be banned and no deposit taker shall, directly or indirectly, promote, operate, issue any advertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit schemeclause 4—this clause relates to fraudulent default in regulated deposit schemes this clause provides that no deposit taker, while accepting deposits pursuant to a regulated deposit scheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositclause 5—this clause provides for the wrongful inducement in relation to unregulated deposit schemesthis clause provides that no person shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemeclause 6—this clause relates to certain schemes to be unregulated deposit schemes this clause provides that a prize chit or a money circulation scheme banned under the provisions of the prize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actclause 7—this clause relates to the competent authoritysub-clause (1) of this clause provides that the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this actsub-clause (2) of this clause provides that the appropriate government may appoint other officers to assist the competent authoritysub-clause (3) of this clause provides that the competent authority has been empowered to provisionally attach the money or property of any deposit takersub-clauses (4), (5), (6), (7) and (8) of this clause provides for provisions to confer such powers on the competent authority and its officers as may be necessary to carry out the provisions of this billclause 8—this clause relates to the designated court sub-clause (1) of this clause enables the appropriate government, with concurrence of the chief justice of the respective high court, to constitute one or more designated courts for trying offences under this bill the designated court must be presided by a judge not below the rank of district and sessions judge or additional district sessions judgesub-clause (2) of this clause provides that no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act applysub-clause (3) of this clause provides that when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trialclause 9—this clause relates to central database sub-clause (1) of this clause provides that the central government may designate an authority which shall create, maintain and operate an online database for information on deposit takers operating in indiasub-clause (2) of this clause provides that the authority designated under sub-section (1)may require any regulator or the competent authority to share such information on deposit takers, as may be prescribed clause 10—this clause relates to intimation of business by deposit takersub-clause (1) of this clause provides that every deposit taker which commences or carries on its business as such on or after the commencement of this act shall intimate the authority referred to in sub-clause (1) of clause 9 about its business in such form and manner and within such time, as may be prescribedsub-clause (2) of this clause provides that the competent authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an unregulated deposit scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit taker clause 11—this clause relates to the information to be sharedsub-clause (1) of this clause provides that the competent authority shall share all information received under clause 29 with the central bureau of investigation and with the authority which may be designated by the central government under clause 9sub-clause (2) of this clause provides that the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigationsub-clause (3) of this clause provides that where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority clause 12—this clause relates to the priority of depositors' claimthis clause provides that save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authority clause 13—this clause relates to precedence of attachmentsub-clause (1) of this clause provides that save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authoritysub-clause (2) of this clause provides that where an order of provisional attachment has been passed by the competent authority and such attachment shall continue until an order is passed under sub-clause (3) or sub-clause (5) of clause 15 by the designated court and all the attached money or property of the deposit taker and the persons mentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated courtsub-clause (3) of this clause provides that the competent authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated courtsub-clause (4) of this clause provides that the competent authority shall not dispose of or alienate the property or money attached except in accordance with the order of the designated court under sub-clause (3) or sub-clause (5) of clause 15sub-clause (5) of this clause provides that notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other propertyclause 14—this clause relates to application for confirmation of attachment and sale of propertysub-clause (1) of this clause provides that the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private salesub-clause (2) of this clause provides that in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court clause 15—this clause relates to confirmation of attachment by designated courtsub-clause (1) of this clause provides that the designated court to issue notice to the deposit taker or any other person whose property is attached under clause 14 to show cause within 30 days as to why the attachment should not be made absolutesub-clause (2) of this clause provides that this clause requires the designated court to issue notice to all other persons, in addition to the persons referred to in sub-clause (1), represented to it as having or likely to have a claim or interest in the title of the propertysub-clause (3) of this clause provides that the designated court after following the procedure prescribed can confirm, vary or cancel the attachment further, on confirming the attachment, the designated court can direct the competent authority to sell the property attachedsub-clause (4) of this clause provides that this provision prohibits the designated court from releasing from attachment any property unless it is satisfied that the deposit taker or any other person referred to in sub-clause (1) has interest in such property and there will remain under attachment an amount or property sufficient for repaymentsub-clause (5) of this clause provides that this clause requires the designated court to pass any order necessary for equitable distribution among the depositors of the money attached or realised out of the salesub-clause (6) of this clause provides that this clause sets a timeline of 180 days, from the date of receipt of application under sub-clause (1), for completion of proceedingsclause 16—this clause relates to attachment of property of malafide transfereessub-clause (1) of this clause provides that where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attachedsub-clause (2) of this clause provides that where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bonafide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferredclause 17—this clause relates to the payment in lieu of attachment sub-clause (1) of this clause provides that any deposit taker or a person referred to in sub-clause (1) of clause 15, or transferee referred to in clause 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachmentsub-clause (2) of this clause provides that while allowing the deposit taker or person or transferee referred to in sub-clause (1) to make the deposit under the said sub-clause, the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicableclause 18—this clause relates to the powers of designated court sub-clause (1) of this clause lays down all the steps that the designated court is empowered to take to ensure that the interest of depositors is adequately protectedsub-clause (2) of this clause empowers the designated court to make orders for the provision of essential sums from the attached property to the deposit taker and to safeguard as far as practicable any business affected by such attachmentclause 19—this clause relates to the appeal to high courtthis clause provides the time period within which an appeal may be filed against an order of the designated court any person, including the competent authority may appeal to the high court against an order of the designated court, within 60 days of such orderclause 20—this clause relates to the power of supreme court to transfer cases sub-clause (1) of this clause empowers the supreme court to direct that a particular case be transferred from one designated court to another in the event of default in any deposit scheme or deposit schemes of the nature referred to in clause 30sub-clause (2) of this clause provides that the supreme court is empowered to act under sub-clause (1) only on the basis of an application filed by the competent authority or an interested partysub-clause (3) of this clause provides that where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the caseclause 21—this clause relates to the punishment for contravention of clause 3 sub-clause (1) of this clause provides that for soliciting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of one year which may extend to five years, and with fine which shall not be less than two lakh rupees and may extend to ten lakh rupeessub-clause (2) of this clause provides that for accepting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of two years which may extend to seven years, and with fine which shall not be less than three lakh rupees and may extend to ten lakh rupeessub-clause (3) of this clause provides that for accepting deposits in contravention of clause 3 and committing fraudulent default in repayment, a deposit taker is punishable with imprisonment for a minimum term of three years which may extend to ten years and a fine which shall not be less than five lakh rupees which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in such schemes or arrangementsclause 22—this clause relates to the punishment for contravention of clause 4 the punishment prescribed for contravention of clause 4 is imprisonment which may extend to seven years or a fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such fraudulent default, whichever is higher, or with bothclause 23—this clause relates to the punishment for contravention of clause 5 the punishment prescribed for contravention of clause 10 is imprisonment for a minimum term of one year which may extend to five years and with fine which may extend to ten lakh rupeesclause 24—this clause relates to the punishment for repeat offenders this clause provides for a higher and more stringent punishment for repeat offenders who commit an offence after having previously been convicted for an offence under this legislation, except for an offence under clause 26 a repeat offender, under this clause, shall be punishable with imprisonment for a minimum term of five years which may extend to ten years and a fine which shall not be less than ten lakh rupees and which may extend to fifty crore rupees clause 25—this clause relates to offences by deposit takers other than individualssub-clause (1) of this clause provides for imposition of liability in case an offence under the act has been committed by an entity other than an individual this sub-clause imposes liability on every person who is "in charge of, and was responsible to, the deposit taker for the conduct of the business of the company"sub-clause (2) of this clause provides that nothing contained in sub-clause (1) 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 diligence to prevent the commission of such offencesub-clause (3) of this clause provides for holding liable any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker when it is proved that an offence has been committed with the consent or connivance of, or is attributable to an any neglect on the part of such person clause 26—this clause relates to punishment for contravention of clause 10this clause provides that whoever fails to give the intimation required under sub-clause (1) of clause 10 or fails to furnish any such statements, information or particulars as required under sub-clause (2) of that clause, shall be punishable with fine which may extend to five lakh rupeesclause 27—this clause relates to cognizance of offencesthis clause provides that notwithstanding anything contained in clause 4, no designated court shall take cognizance of an offence punishable under that section except upon a complaint made by the regulator, provided that the provisions of clause 4 and this section shall not apply in relation to a deposit taker which is a companyclause 28—this clause relates to offences to be cognizable and non-bailable this clause provides that notwithstanding anything contained in the code of criminal procedure, 1973 every offence punishable under this act, except the offence under clause 22 and clause 26, shall be cognizable and non-bailableclause 29—this clause relates to competent authority to be informed of offences this clause provides that the police officer shall, on recording information about the commission of an offence under this act, inform the same to the competent authorityclause 30—this clause relates to investigation of offences by central bureau of investigationsub-clause (1) of this clause provides that the competent authority has the power to refer a case for investigation by the central bureau of investigation if the two conditions prescribed in sub-clauses (a) and (b) are metsub-clause (2) of this clause provides that the reference under sub-clause (1) is deemed to be with the consent of the state government under clause 6 of the delhi special police establishment act, 1946sub-clause (3) of this clause provides that on the receipt of the reference under sub-clause (1), the central government may transfer the investigation of the offence to the central bureau of investigation under clause 5 of the delhi special police establishment act, 1946 clause 31—this clause relates to power to enter, search and seize without warrantsub-clause (1) of this clause empowers a police officer, not below the rank of an officer-in-charge of a police station, and with the written authorisation of an officer not below the rank of superintendent of police, to enter and search any building, conveyance or place, in accordance with the procedure mentioned in the said sub-clausesub-clause (2) of this clause provides for freezing such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this actsub-clause (3) of this clause provides for situations where an officer takes down any information or makes any order in writing under any of the preceding sub-clauses the officer is mandated to send a copy of the information taken down or the order made to the designated court within seventy-two hours in a sealed envelope the owner or occupier of the place shall be furnished a copy of such information or order, free of cost, upon an application made by them in this regardsub-clause (4) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to any search, seizure or arrest made under this sectionclause 32—this clause relates to application of the code of criminal procedure,1973 to proceedings before designated courtsub-clause (1) of this clause provides that the designated court may take cognizance of offences under this act even without the accused being committed for trial the intended effect of this sub-clause is to ensure speedy and expeditious disposal of cases under the actsub-clause (2) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to all arrests, searches and seizures and to all the proceedings under this bill, and that the designated court shall be deemed to be a court of session and a person conducting prosecution before such court would be a public prosecutorclause 33—this clause relates to publication of advertisement of unregulated deposit schemethis clause provides that any newspaper or publication containing material or advertisement relating to an unregulated deposit scheme may be directed by the state government to publish a full and fair retraction of the material or advertisement free of cost it also provides that the retraction should be published in the same manner and in the same position as the alleged material or advertisement on unregulated deposit schemeclause 34—this clause relates to this act to have overriding effect this clause provides that save as otherwise expressly provided in this act, the provisions of this act shall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territoryclause 35—this clause relates to application of other laws not barredthis clause provides that the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceclause 36—this clause relates to protection of action taken in good faiththis clause provides that no suit, prosecution or other legal proceedings shall lie against the appropriate government or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunderclause 37—this clause relates to power of central government to make rulesthis clause empowers the central government to make rules for carrying out the provisions of the proposed legislationclause 38—this clause relates to power of state government, etc to make rulesthis clause empowers the respective state governments to make rules for carrying out the provisions of the proposed legislationclause 39—this clause relates to laying of rulesthis clause provides for laying of the rules by the central government and state governments in the respective legislatureclause 40—this clause relates to power to remove difficultiesthis clause empowers the central government to make such provisions and issue clarifications as may be required for the proper and effective functioning of the bill this is a time-bound provision and the central government cannot take such measures for removal of difficulties after the expiry of three years from the commencement of this billclause 41—this clause relates to power to amend first schedule this clause allows the central government to add or omit from first schedule any scheme or arrangement by notificationclause 42—this clause relates to amendment to certain enactmentsthis clause provides that the enactments listed in the second schedule will stand amended in the manner prescribed in the schedule financial memorandumthe bill has no financial implications and does not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 37 of the bill empowers the central government to make rules for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7; (b) information to be shared under sub-section (2) of section 9; (c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10; (d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14; (e) the procedure to be adopted by the designated court before issuing an order under sub-section (3) of section 15; and (f) the manner of publication of advertisement under section 33clause 38 of the bill empowers the state government to make rules, in consultation with the central government, for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) ceiling and purpose of collection of other amounts which will not be classified as deposits for the purposes of this legislation, under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authority under sub-section (3) of section 7; (d) powers of the competent authority under clause (f) of sub-section (4) of section 7; and (e) rules relating to impounding and custody of records under sub-section (8) of section 7clause 41 empowers the central government to add or omit schemes or arrangement to or from the list of regulated deposit schemes specified in the first schedule of the proposed legislationthe matters in respect of which rules 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 securities and exchange board of india act, 1992 (15 of 1992) chapter iv powers and functions of the board11 (1) functions of board(4) without prejudice to the provisions contained in sub-sections (1), (2), (2a) and (3)and section 11b, the board may, by an order, for reasons to be recorded in writing, in the interests of investors or securities market, take any of the following measures, either pending investigation or inquiry or on completion of such investigation or inquiry, namely:— (e) attach, after passing of an order on an application made for approval by the judicial magistrate of the first class having jurisdiction, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that only the bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached; recovery of amounts28a (1) if a person fails to pay the penalty imposed by the adjudicating officer or fails to comply with any direction of the board for refund of monies or fails to comply with a direction of disgorgement order issued under section 11b or fails to pay any fees due to the board, the recovery officer may draw up under his signature a statement in the specified form specifying the amount due from the person (such statement being hereafter in this chapter referred to as certificate) and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely:— 43 of 1961explanation 3—any reference to appeal in chapter xviid and the second schedule to the income-tax act, 1961, shall be construed as a reference to appeal before the securities appellate tribunal under section 15t of this act —————extract from the multi-state co-operative societies act, 2002 (39 of 2002) restrictions on borrowing67 (1) a multi-state co-operative society may receive deposits, raise loans and receive grants from external sources to such extent and under such conditions as may be specified in the bye-laws:provided that the total amount of deposits and loans received during any financial year shall not exceed ten times of the sum of subscribed share capital and accumulated reserves:provided further that while calculating the total sum of subscribed share capital and accumulated reserves, the accumulated losses shall be deducted ————— a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes and to protect the interest of depositors and for matters connected therewith or incidental thereto—————(shri arun jaitley, minister of finance and corporate affairs)mgipmrnd—4532ls(s3)—08032018 | Parliament_bills | 09808a80-fb16-5467-8a91-5e1a2555e8fb |
bill no 82 of 1976 r~iw"_ t"htm "1' the advocates (amendment) bill, 1976 bill further to amend the advocata act, 1961be it enacted by parliament in the twenty~eventh year of the republic of india as follows:-1 (1) this act may be called the advocates (amendment) act, 1976 short title and commenc'emenl (2) save as otherwise provided in this act, it shall come into force on 5 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 25 of 1"1 2 in section 2 of the advocates act, 1961 as the principal act), in sub-sectiqn (1) ,-(~nafter referred to amendmentol aect1on2 10 (i) clause (c) shall be omitted; (ii) in clause (i), for the words ce, vakil or attorney", the words "or vakil" shall be substituted amendmentot aectlon s 3 in section 3 of the principal act, for sub-section (3), the following sub-sections shall be substituted, namely:-i' "(3) there shall be a chairmad of each state bar council as fquows:-(a) in the case of the state bar council of delhi, such advocate as may be nominated by the cmtral government shall be the chairman for a period of two years; (1)) in the case of the state bar council of assam, nagaland, meghalaya, manipur and tripura, the advocate-general of each of the states of assam, manipur, meghalaya, nagaland and tripura, ex-fficio shall, by rotation in that order, be the chairman for a i>&iod of two years; s (c) in the case of the state bar council qf punjab and haryana, the advocate-general of each of the &tates of punjab and haryana, ex-officio shall, by rotation in that order, be the chairman for a period of two years; and (d) in the case of any qther state bar council, the advocate- 10 general of the state, ex-offi<'io, shall be the chairman (3a) there shall be a vice-chairman of each state bar council who shall be the seniormost advocate amongst the members of that council" '" in section 4 of the principal act,-i, amendmentr4 section"-(i) in sub-section (1), after clause (b), the following clause shall be ~ed namely:-ii (bb) a person appointed by virtue of oftlce (whether or not under government) by the central government;"; (oii) for sub-section (2), thw following sub--sections shall be sub- 20 stituted,namely: -ii (2) the attorney-general of india ex-officio and the solicitor-general of india ex-otjicio shall be the chairman and vice-chairman respectively of the bar council of india (2a) the term of office of the member of the bar council of 25 india appointed under clause (bb) of sub-section (1) shall be two years from the date of his appointment or till he ceases to hold the office by virtuq of which he was appointed, whichever is earlier" 5 in sub-section (2) of section 15 of the principal act,-(i) clause (c) shall be omitted; amendment of aeclioo id (ii) in clause (d), the wql'ds "or to the office of the chairman or vice-chairman" shall be omitted 6 in section 24 of the principal act,-amendment of aection 2' (i) in clause (c) of sub-section (1), after the words, figures and 35 letters "the 31st day of december, 1976;", the following shall be inserted, namely:-"or has pa~ the articled clerk's examination or any other examination specified by the high court at bombay or calcutta for enrolment as an attorney of that high court;"; 40 (£i) sub-section (4) shall be omitted 1 section 31 of the principal act shall be omitted with deet·from the ist day of january 1977, omlnlori of section 31 8; in section 34 of the principal act, sub-sections (2) and (3) shall be binitted with effect from the 1st day af january, 1977 amend_ ment of section 34 $ 9 for section 46 of the principal act, the following section shall be substitusubstituted, namely:-tlonof 10 "46 every state bar council shall, for each financial year commencing on or after the 1st day af april, 1976,pay tqthe bar council of india a sum equivalent to twenty per cent of the ~tal of the enrolment fees realised by it under this act during that year before the thirtieth day of april of the succeeding financial year" newuction for section 46 payment of part of enrolment fees to the bar council of india 10 in section 55 of the principal act, clause (b) lhall be omitted with effect from the 1st day of january, 1977 amendmentof eection 55 11 every person hojding office as--(i) chairman or vice-chairman of the bar council of india; or transitional provisions (<ii) chairman or vice-chairman of any state bar council, immediately before the coming into force of section 4 of, as the case may be, section 3 of this act shall cease to hold such office on such commencement statement of objects and reasonsexperience gained in the practical working of the advocates act, 1961 has necessitated the following amendments:- (i) abolition of the dual systemthe indian high courts act, 1861 (commonly known as the charter act) passed by the british parliament enabled the crown to erect and establish high courts in india by letters patent and these letters patent authorised and empowered the high courts to make rules for' enrolment of advocates and attorneys (commonly known as solicitors) under these rules, a suitor on the original side of the high courts at bombay and calcutta has to approach an advocate only through the conduit of a solicitor though the rules of the high courts have minimised this compulsion recently, complaints have been voiced against the system mainly on the ground that it imposes a double burden on a poor litigant who is required to pay fees to two sets of professionals and it has been suggested that the two, classes of professionals, namely, advocates and solicitors that stand between the law and the lay should be amalgamated into a single class of advocates it is proposed to give effect to the suggestion by abolishing the dual system with a view to simplifying and streamlining court procedure, avoiding stratification of the profession and reducing the costa of litigatioill keeping the needs of the consumer of the legal process as a matter of paramount importance (ii) reducing the share of the bar council of india in the enrolment fee presently out of rs 250 paid by an applicant for enrolment as advocate, the share of the apex body, namely, the bar council of india is 41) per cent and the remainder is retained by the state bar council where he is enrolled the state bar councils have complained that they are hampered for want of funds in implementing welfare schemes like insurance and provident fund for advocates and legal aid to the poor it ls, therefore, proposed that the share of the bar council of india in the enrolment fees should be reduced to 20 per cent from the existing 40 per cent (iii) making the law o~ers of the centre and the state ex-ofrcid ch4irman of the bar council of india and state bar councils respectively under the present scheme of the advocates act, 1961, the posts of chairmen and vice-chairmen of the bar council of india as well as the state bar councils are elective ones the attorney-general of india as well as the advocates-general of states are indubitably leaders in their own rights in the profession as being well-known for their erudition, advocacy, integrity and legal acumen it is proposed to make these law officers ex-officio chairman of the bar council of india and the state bar councils respectively; solicitor-general of india, the ex-ofjicio vice-chairman of the bar council of india and the seniormost advocate from amongst the elected members of a state bar council to be the vice-chairman of that council representation is sought to be given to the central government on the bar council of india and a rotational pattern for chairmanship amongst the advocates-general is being introduced as respects bar councils constituted for territories comprising of more than ~e state hence the bill new l>elhi; h r gokhale the 12th august, 1976 annexure extracts mom the advocates act, 1961iii iii iii - - z (1) in this act, unless the context otherwise requires-deflnl tions iii iii iii iii - (c) "attorney" includes a solicitor; iii '" '" '" - (i) "legal practitioner" means an advocate, vakil or attorney of any high court, a pleader, mukhtar or revenue agent; - chapter ii- - , j' ;i , ~ 3 (1) - - bar councils •- - state bar councu (3) there shall be a chairman and a vice-chairman of each state bar council elected by the council in such manner as may be prescribed iii iii '" iii '" 4 (1) - - - - - bar council of incua (2) there shall be a chairman and a vice-chainnan of the bar council of india elected by the council in such manner as may be prescribed 15 (1) - - - - - power to make \ rule (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for---: '" iii - (c) the manner of election of the chairman and the vice-chairman of the bar council; (d) the nuumer in which and the authority by which doubts and disputes as to the validity of! an election to the bar council or to the office of the ch~an or vice-chairman shall be finally decided; iii iii '" iii '" z4 (1) subject to the provisions of this act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a state roll, if he fulfils the following conditions, namely:-'" - - - (c) he has obtained a degree in law-persons who may be admitted as advocates ona state roll (i) before the 12th day of march, 1967, from any university in the territory of india; or (ii) before the 15th day of august, 1947, from any university in any area which was comprised before that date within india 88 defined by the government of india act, 1935; or (iii) after the 12th day of march, 1967, save as provided in 8ub-clause (iiia), after undergoing a three-year course 01 study in law from any university in india which is recognised for the purposes of this act by the bar council 'of india; or (iiia) after undergoing a course of study in law, the duration of which is not less than two, academic years commencing from the academic year 1967-68 or any earlier academjc year from any uiliiversity in india which is recognised for the purposes of this act by the bar council of india; or (iv) in any other case, from any university outside the territory of iftdia, if the degree is recognised for the purposes of this act by the bar council of india; or he is a barrister and is called to the bar on or before the 31st day of december, 1976; or has obtained such other foreign qualification in law as is recognised by the bar council of india for the purpose of admission as an advocate under this act; (4) notwithstanding anything contained in sub-section (1), a person who has been an attorney of any high court may be admitted as an advocate on a state roll if he makes an application for such enrolment in accordance with the provisions of this act and fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1), but the right of such - penon to plead orto act onjthe wiginal side of the high court at calcutta or the high court at bombay shall 'be subject to any rules that may be made in that behalf by that high court ~f pro- - -viaion for - home, 31 notwithstanding anything contained in sections 29 and '30, the high -court 1it calcutta or the high court at bo,mbay may provide for the admdssion of proper persons to be attorneys and shall have power to remove or to suspend from practice on reaso,nable cause, any such attorney ~1) - - - - - power olhi,h c0urt8 to make (2) without prejudice to the provisions contained in sub-section (1), the high court at calcutta and the high court at bombay may make rules- , rul~ & - '(i) providing for the qualificati~ and admission of proper persons to be attorneys; (ii) declaring what shall be deemed to be the functions, powers and duties of such attorneys and the procedure to be followed in remov- ing etr suspending any such atto,mey from practice; (iii) determining the persons who shall be entitl~ respectively to plead and to act in the high court in the exercise of its original jurijro cuction (8) until rules are made under this section, any rules made by a high court under its letters patent or any other laiw relating to any of the matters specified in this secti~ which were in force immediately before the appointed day, shall continue in force so far as consistent with this act, and shall be deemed to be rules made under this section - - - - - 46 every state bar council shall, before the thirtieth day of april in each financial year, pay to the bar council of india a sum equivalent to forty per cent of the ~tal of the enrolment fees realised by it under this act during the financial year immediately preceding that year - - - - - payment ot part of enrolment fees to the bar councll of india 55 notwithstanding anything contained in this act,-- '" '" '" - l8 of 1879 rights of certain exiatin, legal practitioners notaftecteel (b) every attorney practising as such immediately before the said date by virtue of the provisions of the legal practitioners act, 187~, or any other law who does not elect to be, or is not qualified to be, enrolled as an advocate under this act; '" - - - - a bill !further to amend the advocates act, 1961 (shri h r gokhgle, ministet 01 lew junice om compcmr afqir) , | Parliament_bills | 7a586cc2-b202-5458-ae21-f1313f7eaf89 |
bill no 214 of 2018 the declaring of habitual offenders laws as void bill, 2018 by shri a p jithender reddy, mpshort title and commencement5abillto render certain enactments tagging nomadic, semi-nomadic and migrating tribes as habitual offenders or criminals by birth as inoperativebe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the declaring of habitual offenders laws as void act,2018(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint102 with effect from such date as the central government may, by notification in the official gazette specify, all laws in force in the territory of india or a part thereof tagging, naming, identifying or declaring, explicitly or implicitly, any nomadic, semi-nomadic or migrating tribe as habitual offenders or criminals by birth shall be void and shall always be deemed to have been voidlaws tagging naming or identifying nomadic, semi-nomadic or migrating tribe to be void statement of objects and reasonsthe british colonialists, based on their past experiences of dealing with nomadic tribes in europe, considered all wandering communities to be nuisance for public law and order combined with their misjudged understanding of the caste-system in india, they assumed that criminals beget criminals and thus, enacted the criminal tribe act (cta) in 1871, notifying certain tribes to be hereditary criminals excluding them from societal and economic reforms and subjecting them to severe state-sanctioned repressionwhile the cta was repealed post-independence, several states introduced habitual offenders' act circa 1959 (hoa) through state legislature, which essentially carried forward this vestige of the colonial era and further strengthens the stigma associated with the nomadic and semi-nomadic communities this act is currently enforced in ten indian states—in himachal pradesh through the himachal pradesh habitual offenders act (1969), in karnataka through the karnataka habitual offenders act, (1961), in andhra pradesh and telangana through the andhra pradesh habitual offenders act (1962), in gujarat through the habitual offenders act (1959), in maharashtra through the bombay habitual offenders act (1959), in kerala through the kerala habitual offenders act (1960), in punjab through the restriction of habitual offenders act (1918), and the punjab habitual offenders (control and reform) act (1952), in rajasthan through the habitual offenders act (1953) and in tamil nadu through the restriction of habitual offenders act, (1948)although the 'criminal tribes' were later re-classified as 'de-notified tribes' (dnt)little was done to bring about substantial changes in their lives the erstwhile governments sought to alleviate their problems by haphazardly and inconsistently distributing them among the scheduled castes, scheduled tribes and other backward classes categories crowded out by other dominant sections in their respective categories, the de-notified tribes sunk to the very bottom of the societal pyramid, as a result of which developmental policies and positive affirmation initiatives could not reach themthe present bill is of high importance since it fulfils the dual purpose and finally draws curtain on centuries of state-sanctioned repression of the nomadic and semi-nomadic tribes in india and function as a confidence-building measure in the government machineryhowever, the need is to be necessarily accompanied with re-invigorated state-led reforms in addressing the outstanding developmental needs of the dnts their very mode of life presents an inherent hurdle in them benefitting from welfare schemes—the lack of permanent residency is the biggest deterrent in bringing these communities in the mainstream society considering their precarious situation, it is urged to recognise them as separate entities in positive affirmation policies of the government, while protecting their rights under, or in similar scope and spirit to, the provisions in the scheduled caste and scheduled tribe (prevention of atrocities) act therefore, the repeal of the abovementioned acts needs to be immediately followed by a new act of the parliament to address the reforms needed to empower the de-notified nomadic and semi-nomadic tribesnew delhi;a p jithender reddynovember 26, 2018 lok sabha———— a billto render certain enactments tagging nomadic, semi-nomadic and migrating tribes as habitual offenders or criminals by birth as inoperative————(shri a p jithender reddy, mp)mgipmrnd—2227ls(s3)—18122018 | Parliament_bills | ae9652c1-1137-50bd-b672-58720554dda8 |
bill no 148 of 2021 the central vigilance commission (amendment) bill, 2021 a billfurther to amend the central vigilance commission act, 2003be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the central vigilance commission (amendment)act, 20215(2) it shall be deemed to have come into force on the 14th day of november, 2021amendment of section 2545 of 20032 in section 25 of the central vigilance commission act, 2003, in clause (d), the following provisos shall be inserted, namely:—10"provided that the period for which the director of enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the committee under clause (a) and for the reasons to be recorded in writing, be extended up to one year at a time:provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment;"ord9 of 2021repeal and savings3 (1) the central vigilance commission (amendment) ordinance, 2021 is herebyrepealed5ord9 of 2021(2) notwithstanding such repeal, anything done or any action taken under the central vigilance commission (amendment) ordinance, 2021, shall be deemed to have been done or taken under the provisions of this act statement of objects and reasonsthe menace of corruption, black money and international financial crime and its intricate link with drugs, terrorism and other criminal offences pose a serious threat to national security and the stability of financial systems of our country further, corruption in public life often has the inevitable consequence of economic and social rights of people being violated the spectre of corruption erodes the confidence of people in the systems that are meant to provide them good governance effectively tackling corruption and financial crimes is, therefore, essential for the realisation of economic and social rights of people and for maintaining their faith in institutions of governance in the present times, the menace of corruption has become inextricably linked with money-laundering which is being tackled by every nation not only individually but as a part of a global network2 in order to obviate such threats, international community has been consistently taking multi-lateral global initiatives over the years with the advent of newer technologies, tax havens and other factors of global importance, newer avenues and techniques have emerged which make the task far more complicated the fight against corruption, black money, money-laundering and threat of proceeds of crime destabilising the world economy is at a critical juncture3 in india, various legislations have been enacted since 1946 to combat corruption, money-laundering and economic offences, amongst other such activities eg the delhi special police establishment act, 1946, the prevention of corruption act, 1988 and the prevention of money-laundering act, 20024 india is a member of financial action task force (fatf), an inter-governmental international body under united nations the fatf has developed recommendations or standards to prevent and combat money-laundering and terror financing about 200 countries or jurisdictions, with india playing a major role, have committed to implement these standards the fatf conducts peer reviews of these countries or jurisdictions on an ongoing basis to assess levels of implementation of the fatf recommendations, providing an in-depth description and analysis of each country's system for preventing criminal abuse of the financial systems the peer review to assess technical compliances of india with the recommendations of fatf is scheduled to be held in the year 2022/23 after a gap of more than a decade5 the fatf has recommended at para 8 as follows:—"8 law enforcement authorities and prosecutorial authorities should have adequate financial, human and technical resources countries should have in place processes to ensure that the staff of these authorities maintain high professional standards, including standards concerning confidentiality, and should be of high integrity and be appropriately skilled" therefore, the subject matter of indian mutual evaluation stipulates that india proves its "capacity" and "resources" for financial crime investigation and financial crime prosecution6 india's position requires significant enhancement of capacity and resourcesadditionally, under certain circumstances the nation faces certain sensitive investigative and legal processes attendant to important money-laundering cases, requiring extradition of fugitive offenders, which requires a continuum the directorate of enforcement has sole jurisdiction to investigate money-laundering offences in india and co-ordination with global counter-parts, at times it becomes self-defeating to have tenure restriction at supervisory and decision-making position considering that at the level of international co-ordination, it is the personal individual knowledge, information and diplomacy which are required more than just institutional knowledge and information considering that the director of enforcement and director, cbi are important part of the concerted global actions against corruption and money-laundering, legal provisions or service rules restricting their tenure may be counterproductive in certain situations, their tenure may need to be extended beyond the initial fixed terms at the same time, it is rational to have an upper limit to the tenure of such appointments to maintain independence the positive outcome in india's mutual evaluation is critical for the financial future of the country further, there is every possibility of such global contingencies occurring in the future and therefore, amendments in the central vigilance commission act, 2003 are necessitated to meet such contingencies whenever it arises, with certain in-built safeguards7 while the directorate of enforcement (ed) has the sole jurisdiction to investigate the money-laundering cases, the central bureau of investigation (cbi) has the primary responsibility to investigate cases of corruption with the interlinking of persons and groups involved in money-laundering and corruption activities, unravelling the crime and corruption nexus through the ed and cbi becomes not only complex, but also has international ramifications thus, investigation of such crimes requires the two investigating agencies to have robust processes and senior personnel in position for sufficiently long tenures as such, enhancing capacity and resources for continuing oversight by the senior officers, especially the heads of the two agencies, is fundamental to the proposed re-strengthening it is strongly felt that assured long tenures of the heads of ed and cbi on similar lines would be highly desirable8 considering that ordinarily, longer tenures are an established practice in major countries, two years tenure ought to be a minimum and that is what is contemplated in the statutory provisions however, in india's case owing to several factors, including the issues of seniority and hierarchy, two years tenure has in fact become the upper limit with individuals being appointed close to their date of superannuation9 in view of the above, while leaving sufficient room for the competent authority to suitably decide the tenure of the officer heading the important investigating agencies of the government and supervising sensitive cases involving public interest depending upon the circumstances, it is essential to provide clear enabling stipulations in the central vigilance commission act, 2003 and the delhi special police establishment act, 1946 in regard to the tenure, and extension of his tenure of appointment and an upper limit of tenure the said enabling provisions ensure the continuity of tenure depending upon the exigencies of the office at a given point of time and also safeguard the sanctity and independence of the sensitive position occupied by the person in-charge and will remove possibility of any other interpretation10 keeping the above in view and with the objective to remove any contrary interpretation and with a view to make a specific provision, leaving room for the competent authority, depending on the exigencies of circumstances, in the tenure of the officer heading the important investigating agency of the government and supervising sensitive cases involving public interest, it is essential to provide clear and unambiguous enabling provision regarding tenure of the officer heading the investigating agency in the central vigilance commission act, 200311 the central vigilance commission act, 2003 was enacted to provide for the constitution of a central vigilance commission to inquire or cause inquiries to be conducted into offences alleged to have been committed under the prevention of corruption act, 1988 by certain categories of public servants of the central government, corporations established by or under any central act, government companies, societies and local authorities owned or controlled by the central government and for matters connected therewith or incidental thereto12 the appointment of officers of directorate of enforcement is governed by the central vigilance commission act, 2003 clause (d) of section 25 of the said act provides that—"a director of enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office;"13 as the parliament was not in session and there was an immediate need of legislation in this regard, the central vigilance commission (amendment) ordinance, 2021 (ord 9 of 2021) was promulgated on 14th day of november, 202114 the central vigilance commission (amendment) bill, 2021 which seeks to replace the central vigilance commission (amendment) ordinance, 2021 (ord 9 of 2021) provides for amendment of section 25 so as to insert two provisos therein15the bill seeks to replace the aforesaid ordinancenew delhi;dr jitendra singhthe 1st december, 2021 annexure extract from the central vigilance commission act, 2003 (45 of 2003) 42 of 199925 notwithstanding anything contained in the foreign exchange management act,1999 or any other law for the time being in force,— appointments, etc, of officers of directorate of enforcement(d) a director of enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office; ———— a billfurther to amend the central vigilance commission act, 2003————(dr jitendra singh, minister of state for personnel, public grievances and pensions)mgipmrnd—1231ls(s3)—01-12-2021 | Parliament_bills | 71162fa5-c98b-5897-9af6-3ac4a723d190 |
arrangement of clauses clauses1 short title and commencement 2 declaration of nalanda university as an institution of national importance 3 definitions 4 establishment and incorporation of nalanda university 5 effect of establishment of university 6 jurisdiction 7 governing board 8 powers and functions of governing board 9 objectives of university10 powers of university 11 university open to all persons 12 visitor 13 officers of university 14 the chancellor 15 the vice-chancellor 16 the registrar 17 the finance officer 18 the controller of examinations 19 the librarian 20 other officers 21 privileges and immunities of academic staff etc 22 authorities of the university 23 the academic council 24 the school of studies 25 the finance committee 26 other authorities 27 statutes 28 statutes how made 29 ordinances 30 regulations 31 annual report clauses32 annual accounts, etc 33 conditions of service of employees 34 procedure of appeal and arbitration in disciplinary cases against students 35 right to appeal 36 provident and pension funds 37 disputes as to the constitution of authorities and bodies 38 filling of casual vacancies 39 proceedings of authorities or bodies not invalidated by vacancies 40 protection of action taken in good faith 41 power to remove difficulties 42 statutes, ordinances and regulations to be published in the official gazette and tobe laid before parliament43 transitional provisions 44 repeal of university of nalanda act bill no xlix of 2010 the nalanda university bill, 2010 a billto implement the decisions arrived at the second east asia summit held on the 15th january,2007, at philippines and subsequently at the fourth east asia summit held on the 25th october, 2009, at thailand for the establishment of the nalanda university in the state of bihar as an international institution for pursuit of intellectual, philosophical, historical and spiritual studies and for matters connected therewith or incidental thereto whereas, the second east asia summit held on the15th january, 2007 in the city of cebu, republic of philippines, agreed to strengthen regional educational co-operation by tapping the east asia region's centres of excellence in education and for the revival of the nalanda university located in the state of bihar to improve regional understanding and the appreciation of one another's heritage and history;and whereas, the fourth east asia summit held on the 25th october, 2009 in hua hin, thailand, supported the establishment of the nalanda university and encouraged the networking and collaboration between the proposed nalanda university and existing centres of excellence in the east asia summit so as to participating countries to build a community of learning where students, scholars, researchers and academicians can work together symbolising the spirituality that unites all mankind;and whereas, it is considered expedient to make provision for implementing the decisions arrived at in the aforesaid east asia summits for establishment of the nalanda university in the state of bihar and declare it to be an institution of national importancebe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the nalanda university 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, appoint and different dates may be appointed for different provisions of this act2 whereas the objects of the institution known as the nalanda university are such as to make the institution one of national importance, it is hereby declared that the institution known as the nalanda university is an institution of national importancedeclaration of nalanda university as an institution of national importance3 in this act, unless the context otherwise requires, —definitions(a) "academic council" means the academic council of the university; (b) "academic staff" means such categories of staff as are designated as academic staff by the statutes;(c) "centre" means a centre established or maintained by the university in any place in india or in east asia region for the purposes of coordinating and supervising the work of centres in such place or region and for performing such functions as may be conferred on such centre by the governing board;(d) "east asia region" means the region comprising the territories of the member states of the east asia summit;(e) "employee" means any person appointed by the university and includes teachers and other staff of the university;(f) "faculty" means a faculty of the university; (g) "finance officer" means the finance officer of the university appointed under section 17;(h) "governing board" means the governing board of the university constituted under section 7;(i) "hall" means a unit of residence, by whatever name called, for students of the university provided, maintained or recognised by it;(j) "member states" means the member states of the east asia summit; (k) "nalanda mentor group" means the group of persons constituted by the communication dated the 28th june, 2007 of the government of india in the ministry of external affairs, inter alia, to examine the framework and structure of internation co-operation and partnership which would govern the establishment of the university;(l) "ordinances" means the ordinances of the university; (m) "prescribed" means prescribed by statutes, ordinances or by regulations; (n) "recognised institution" means an institution of higher learning maintained or recognised by, or associated with, the university;(o) "registrar" means the registrar of the university appointed under section 16;(p) "regulations" means the regulations of the university; (q) "school" means a school of studies of the university; (r) "statutes" means the statutes of the university; (s) "teacher" means professor, associate professor, assistant professor and research staff of the university appointed or recognised by the university for imparting instructions or conducting research in the university or for giving guidance to students for pursuing any course of study of the university and are designated as teachers by the statutes;(t) "university" means the nalanda university established and incorporated under section 3bihar act 18 of 20074 (1) the university of nalanda in the state of bihar, established under the university of nalanda act, 2007, shall be established as a body corporate under this act by the name of "nalanda university"establishment and incorporation of nalanda university(2) the first visitor, the first chancellor, the first vice-chancellor, the first members of the governing board and the academic council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the university(3) the university shall have perpetual succession and a common seal and shall sue and be sued by the said name(4) the headquarters of the university shall be in the district of nalanda in the state of bihar (5) the university may establish or maintain centres at such other places in india as it may deem fit:provided that the university may, with the approval of the governing board, establish study centres outside india5 on and from the date of commencement of this act,—| effect ||----------------|| establishment || of university |(a) any reference to the university of nalanda in any contract or other instrument shall be deemed as a reference to the university;(b) all property, movable and immovable, of or belonging to the university of nalanda shall vest in the university;(c) all rights and liabilities of the university of nalanda shall be transferred to, and be the rights and liabilities of, the university;(d) every person employed by the university of nalanda immediately before the commencement of this act shall hold his office or service in the university 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 enacted, 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 university in accordance with the term of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the university of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees:provided further that every person employed before the commencement of this act, pending the execution of a contract under section 33, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this act and the statutes:provided also that any reference, by whatever form of words, to the visitor, chancellor or vice-chancellor of the university of nalanda in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the visitor, chancellor or vice-chancellor of the university;bihar act 18 of 2007(e) the visitor of the university of nalanda, appointed under the provisions of the university of nalanda act, 2007 shall be deemed to have been appointed to be the nominee of the visitor and such nominee be also the first visitor under this act for a period of five years from the date of commencement of this act;bihar act 18 of 2007(f) the chancellor of the university of nalanda, appointed under the provisions of the university of nalanda act, 2007 shall be deemed to have been appointed as the chancellor under section 14 of this act, and shall hold office for a period of three years from the date of commencement of this act;bihar act 18 of 2007(g) the vice-chancellor of the university of nalanda, appointed under the provisions of the university of nalanda act, 2007 shall be deemed to have been appointed as the first vice-chancellor under this act, and shall hold office for a period of five years from the date of commencement of this act; and(h) all colleges, institutions, faculties and departments affiliated to, or admitted to the privileges of, or maintained by, the university of nalanda shall stand affiliated to, or admitted to the privilege of, or maintained by, the universityjurisdiction6 the jurisdiction of the university shall extend to whole of india and to centresestablished within or outside indiagoverning board7 (1) there shall be a governing board of the university consisting of the following persons as its members, namely: —(a) the chancellor; (b) the vice-chancellor; (c) five members from amongst the member states which provide maximum financial assistance during a period of three years to be nominated by the member states;(d) one member, not below the rank of secretary in the ministry of external affairs, to be nominated by the central government;(e) two members, representing the state government of bihar, to be nominated by the state government;(f) one member not below the rank of additional secretary in the ministry of human resource development, to be nominated by the central government;(g) three members from amongst the persons being renowned academician or educationist, to be nominated by the central government (2) each member of the governing board referred to in clauses (c) to (g) of sub-section(1), shall hold office for a fixed term of three years(3) the chancellor shall be the chairperson of the governing board (4) the member, being the secretary in the ministry of external affairs, nominated under clause (d) of sub-section (1), shall be the member-secretary of the governing board(5) subject to the provisions of this act, the statutes and the ordinances made thereunder, the governing board may regulate its own procedure (including quorum) for the conduct of its meetings8 (1) the governing board shall be responsible for all the policies and directions of the university and management of its affairspowers and functions of governing board(2) the governing board shall exercise such powers as may be prescribed by the statutes:provided that the nalanda mentor group shall exercise the powers and discharge the functions of the governing board for a period of one year or till such time the members referred to in clauses (c) to (g) of sub-section (1) of section 7 are nominated, whichever is earlier9 (1) the objectives of the university shall be:—objectives of university(a) to impart education and to enable research towards capacity building of the member states in the domain of ancient science (in particular, practised in the nalanda several centuries ago), philosophy, language, history and other areas of higher learning vital for improving the quality of life;(b) to contribute to the promotion of regional peace and vision by bringing together the future leaders of the east asia, who by relating to their past history can enhance their understanding of each others' perspectives and to share that understanding globally;(c) to harmonise the academic standards and accreditation norms in teaching, research and curriculum that are acceptable to all member states;(d) to create a unique partnership between the scholars and interested persons from the member states;(e) to understand buddha's teachings in the contemporary context without excluding any other thoughts and practices from any other parts of the world;(f) to enhance research for greater interaction between asian countries, particularly between east asia, bound by strong historical commonalities in areas like trade, science, mathematics, astronomy, religion, philosophy and cross-cultural current;(g) to foster in the students and scholars the spirit of accommodation, understanding and thus to train them to become exemplary citizens of democratic societies;(h) to contribute to the improvement of the educational system of the member states in view of the teaching in nalanda several centuries ago;(i) to provide education and training in various arts, crafts and skills of the member states, raising their quality and improving their availability to the people(2) the university shall be non-profit public-private partnership, which shall seek support from each of the member states and from other sources but shall be autonomous and accountable to the governing board10 the university shall have the following powers, namely:—powers of university(i) to make provision for providing, upgrading and promoting holistic and inclusive education and training and research in such education as set out in the objects, and to create an enabling and conducive environment for the pursuit of such education in close co-operation with other experts, scholars and interested persons in india, asian countries and other countries;(ii) to set up a consortium of international partners and friendly countries in furtherance of the objects of the university;(iii) to generate and maintain resources through consultancy services, continuing education programmes, national and international collaborations and intellectual property rights;(iv) to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;(v) to establish such special centres and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects;(vi) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;(vii) to hold examinations and grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons who have pursued a course of study or conducted research in the manner laid down by the statues and ordinances;(viii) to confer honorary degrees or other academic distinctions in the manner prescribed by the statutes;(ix) to institute professorships, readerships and lecturerships and other teaching and academic positions, required by the university and to appoint persons to such chairs, professorships, readerships and lecturerships and other teaching and academic positions;(x) to appoint visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university;(xi) to recognise persons as professors, associate professors, or assistant professors or otherwise as teachers of the university;(xii) to create administrative and other posts as the university may deem necessary from time to time and to make appointments thereto;(xiii) to lay down conditions of service of all categories of employees, including their code of conduct;(xiv) to establish and maintain centres in india or outside india, as may be determined from time to time;(xv) to admit to its privileges institutions situated within its jurisdiction as the university institutions and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes;(xvi) to co-operate or collaborate or associate with any other university or authority or institution of higher learning or any other public or private body, having in view the promotion of purposes and objects similar to those of the university, in such manner as may be prescribed and for such purposes as may be determined or agreed upon by the university;(xvii) to determine standards of admissions, including examination, evaluation or any other method of testing, to the university, and the institutions maintained by or admitted to the privileges of the university;(xviii) to demand and receive payment of fees and other charges as may be prescribed;(xix) to establish halls and to recognise, guide, supervise and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition;(xx) to make arrangements for promoting health and general welfare of students and employees of the university;(xxi) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary;(xxii) to institute and award fellowships, scholarships and prizes; (xxiii) to receive benefactions, donations and gifts in accordance with the ordinances and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes or objects of the university and to invest funds in such manner as it deems fit;(xxiv) to borrow, with the approval of the governing board;(xxv) to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition;(xxvi) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as it may deem necessary;(xxvii) to provide for the printing, reproduction and publication or research and other work which may be required by the university;(xxviii) to exercise such other powers accorded to it and to do all such other acts as may be necessary, incidental or conducive to the promotion of all or any of the objects of the university 11 the university shall be open to all persons irrespective of gender, caste, creed, disability, ethnicity or socio-economic backgrounduniversity open to all persons visitor 12 (1) the president of india shall be the visitor of the university:provided that the president may, by order, nominate any person to be the visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the visitor(2) the visitor may, from time to time, appoint one or more persons to review the work and progress of the university and to submit a report thereon; and upon receipt of that report, the visitor may, after obtaining the views of the governing board thereon through the vice-chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions(3) the visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the university, its buildings, libraries, laboratories and equipments, and of any institution or centre maintained by the university or admitted to its privileges, and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in respect of any matter connected with the university(4) the visitor shall, in every case give notice to the university of his intention to cause an inspection or inquiry to be made, and the university shall be entitled to appoint a representative within thirty days or such other period as the visitor may determine who shall have the right to be present and be heard at such inspection or inquiry(5) the visitor may address the vice-chancellor with reference to the result of inspection and inquiry, and the vice-chancellor shall communicate to the governing board the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon(6) the governing board shall communicate through the vice-chancellor to the visitor, such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry(7) where the governing board does not, within a reasonable time, take action to the satisfaction of the visitor, he may, after considering any explanation furnished or representation made by the governing board, issue such directions as he may think fit and the governing board shall be bound to comply with such directions(8) without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes, the ordinances or the regulations(9) the visitor shall have such other powers as may be prescribed by the statutes 13 the following shall be the officers of the university,—officers of university(1) the chancellor;(2) the vice-chancellor;(3) the registrars;(4) the finance officer; and(5) such other officers as may be declared by the statutes to be the officers of the universitythe chancellor14 (1) the chancellor shall be appointed by the visitor for such term and in such manner as may be prescribed by the statutes(2) the chancellor shall, by virtue of his office, be the head of the university and shall, if present, preside at the convocations of the university held for conferring degrees and meetings of the governing boardthe vice- chancellor15 (1) the vice-chancellor shall be appointed by the visitor in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the statutes(2) the vice-chancellor shall be the principal academic and executive officer of the university, and shall exercise supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university(3) the vice-chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter:provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final:provided further that any person in the service of the university who is aggrieved by any action taken by the vice-chancellor under this sub-section shall have the right to represent against such action to the governing board within ninety days from the date on which such action is communicated to him and thereupon the governing board may confirm, modify or reverse the action taken by the vice-chancellor(4) the vice-chancellor, if he is of the opinion that a decision of any authority is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final:provided that the decision of the authority concerned shall remain suspended during the period of review of such decision by the authority or the visitor, as the case may be, under this sub-section(5) the vice-chancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes and the ordinancesthe registrar16 (1) the registrar shall be appointed in such manner and on such terms and conditions of service as may be prescribed by the statutes(2) the registrar shall have the power to enter into, and sign agreements and authenticate records on behalf of the university(3) the registrar shall exercise such powers and perform such functions as may be prescribed by the statutesthe finance officer17 the finance officer shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such functions as may be prescribed by the statutesthe controller of examinations18 the controller of examinations shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be prescribed by the statutesthe librarian19 the librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesother officers20 the manner of appointment, emoluments, powers and duties of the other officers of the university shall be prescribed by the statutesprivileges and immunities of academic staff, etc46 of 194721 the members of the academic staff and, where applicable, their dependents or members of the family, shall enjoy such privileges and immunities as the central government may, after entering into an agreement with the university, notify under section 3 of the united nations (privileges and immunities) act, 194722 the following shall be the authorities of the university,—authorities of the university(1) the governing board; (2) the academic council; (3) the boards of schools of studies;(4) the finance committee; and (5) such other authorities as may be declared by the statutes to be the authorities of the universitythe academic council23 (1) the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the university and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the statutes(2) the constitution of the academic council and the term of office of its members shall be prescribed by the statutesthe school of studies24 (1) there shall be such number of schools of studies as the university may determine from time to time(2) without prejudice to the generality of the foregoing provision contained in subsection (1), the university shall have the following schools, namely:—(i) buddhist studies, philosophy and comparative religions; (ii) historical studies; (iii) international relations and peace studies; (iv) business management in relation to public policy and development studies;(v) languages and literature;(vi) ecology and environment studies;(vii) any other school as may be prescribed by the statutes(3) every school of studies shall have a board comprising of such members as may be prescribed by the statutes(4) the powers and functions of the boards of school of studies shall be prescribed by the statutesthe finance committee25 the constitution, powers and functions of the finance committee shall be prescribed by the statutesother authorities26 the constitution, powers and functions of the other authorities which may be declared by the statutes to be authorities of the university shall be prescribed by the statutesstatutes27 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the manner of appointment of the chancellor; (b) the manner of appointment of the vice-chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him;(c) the manner of appointment of registrar, the finance officer, the controller of examinations and other officers and terms and conditions of their service and the powers and functions that may be exercised and performed by such officers;(d) the other authorities of the university, the terms of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities;(e) the appointment of teachers and other employees of the university, their emoluments and other conditions of service:provided that the terms and conditions of teachers and employees shall not be varied to their disadvantage;(f) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the university;(g) the principles governing the seniority of service of the employees of the university;(h) the procedure for regulating the work of the tribunal of arbitration; (i) the procedure for the settlement of disputes between the employees or students of the university, and the university;(j) the co-ordination and determination of standards in the university; (k) schools of studies, members of its board and the power and functions of such board;(l) all other matters which by this act are to be, or may be, provided by the statutesstatutes how made28 (1) the first statutes shall be made by the governing board, with the prior approval of the visitor, within six months of the commencement of this act, for operation of university(2) the governing board may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1):provided that the governing board shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the governing board(3) every new statute or addition to the statutes or any amendment or repeal thereof shall require the assent of the visitor, who may assent thereto or withhold assent or remit to the governing board for re-consideration in the light of the observations, if any, made by him(4) a new statute or a statute amending or repealing an existing statute shall not be valid unless it has been assented to by the visitor(5) notwithstanding anything contained in the foregoing sub-sections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the governing board is unable to implement such a direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the governing board for its inability to comply with such directions, make or amend the statutes suitablyordinances29 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: —(a) the admission of students, the courses of study and fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowships awards and the like;(b) the conduct of examinations, including the terms and conditions and mannerof appointment of examiners;(c) any other matter which by this act or the statutes is to be or may be, provided for by the ordinances (2) the first ordinances shall be made by the vice-chancellor with the previous approval of the governing board and the ordinances so made may be amended, repealed or added to at any time by the governing board in the manner prescribed by the statutesregulations30 the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutesannual report31 (1) the annual report of the university shall be prepared under the directions of the governing board which shall include, among other matters, the steps taken by the university towards the fulfilment of its objectives(2) the annual report so prepared shall be submitted to the visitor on or before such date as may be prescribed by the statutes(3) a copy of the annual report so prepared shall also be submitted to the member states and exhibited on the website of the universityannual accounts, etc32(1) the annual accounts and the balance sheet of the university shall be prepared under the directions of the governing board and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india(2) a copy of the accounts together with the audit report shall be submitted to the visitor along with the observations, if any, of the governing board(3) any observations made by the visitor on the annual accounts shall be brought to notice of the governing board and the views of the governing board, if any, on such observations shall be submitted to the visitor(4) a copy of the annual report and annual accounts together with the audit report, as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both the houses of parliament(5) the audited annual accounts, after having been laid before both the houses of parliament, shall be published in the gazette of india(6) a copy of the audited annual accounts shall also be submitted to the member statesconditions of service of employees33 (1) every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned(2) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the governing board, one member nominated by the employee concerned and an umpire appointed by the visitor(3) the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal26 of 1996(4) every request made by an employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 1996(5) the procedure for regulating the work of the tribunal shall be prescribed by the statutesprocedure of appeal and arbitration in disciplinary cases against students34 (1) any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vice-chancellor, disciplinary committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the governing board and the governing board may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be (2) any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 33 shall, as far as may be, apply to a reference made under this sub-sectionright to appeal35 every employee or student of the university or of a school of studies or centre orinstitution maintained by the university or admitted to its privileges shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the governing board against the decision of any officer or authority of the university or of the principal or the management of any school of studies or centre or an institution, as the case may be, and thereupon the governing board may confirm, modify or reverse the decision appealed againstprovident and pension funds36 the university shall constitute for the benefit of its employees such provident orpension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes37 if any question arises as to whether any person has been duly nominated or appointed as, or is entitled to be a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be finaldisputes as to the constitution of authorities and bodies filling of casual vacancies38 all the casual vacancies among the members (other than ex officio members) of any authority or other body of the university shall be filled, as soon as may be convenient, by the person or body who appoints, nominates or co-opts the members whose place has become vacant and any person so appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member39 no act or proceedings of any authority or any other body of the university shall be invalid merely by reason of the existence of any vacancy or vacancies among its membersproceedings of authorities or bodies not invalidated by vacanciesprotection of action taken in good faith40 no suit or other legal proceedings shall lie against any officer or employee of the university for any thing which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinancespower to remove difficulties41(1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the gazette of india, 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 under this section after the expiry of three years 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 parliament42 (1) every statute, ordinance or regulation made under this act shall be published in the gazette of india and website of the universitystatutes, ordinances and regulations to be published in the official gazette and to be laid before parliament(2) every statute, ordinance or 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 successive sessions aforesaid, both the houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance 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 statute, ordinance or regulation43 notwithstanding anything contained in this act and the statutes,—transitional provisions(a) the first registrar and the first finance officer shall be appointed by the governing board and each of the said officers shall hold office for a term of three years;(b) the first board of school of studies shall consist of not more than eleven members, who shall be nominated by the governing board and they shall hold office for a term of three years;(c) the first academic council shall consist of not more than nineteen members, who shall be nominated by the governing board and they shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the governing board, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred 44 (1) the university of nalanda act, 2007 is hereby repealedbihar act 18 of 2007repeal of university of nalanda act(2) notwithstanding such repeal,—(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done bihar act 18 of 2007under the university of nalanda act, 2007, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this act and, except as otherwise provided by or under this act or the statutes, continue in force unless and until they are superseded by any order made under this act or the statutes; and (b) all proceedings of selection committees for the appointment or promotion of teachers that took place before the commencement of this act and all actions of the governing body in respect of the recommendations of such selection committees where no orders of appointment on the basis thereof were passed before the commencement of this act shall, notwithstanding that the procedure for selection has been modified by this act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the visitor, a decision to the contrary statement of objects and reasonsnalanda, a place situated south east of patna near a village called "bada gaon", still has the ruins of the ancient nalanda university studies reveal that the said university was established some time in the fifth century ad it was the ancient residential international educational institution in india attracting pupils from across the world, being one of the leading places for imparting knowledge2 in 2007, the state legislature of bihar enacted the university of nalanda act, 2007with a view to do research on unity of minds with focus on philosophy linking science, technologies, economy and spirituality with reference to ancient and modern thinking; foster academic excellence and high quality research to enhance international understanding and peace for redeeming the nalanda university's glorious contribution to the humanity and civilisation3 the second east asia summit held on the 15th january, 2007 in the city of cebu, republic of philippines, agreed to strengthen regional educational co-operation by tapping the east asia region's centres of excellence in education and for the revival of the nalanda university located in the state of bihar to improve regional understanding and the appreciation of one another's heritage and history the fourth east asia summit held on the 25th october, 2009 in hua hin, thailand, supported the establishment of the nalanda university and encouraged the networking and collaboration between the proposed nalanda university and existing centres of excellence in the member, countries of the east asia summit to build a community of learning where students, scholars, researchers and academicians can work together symbolising the spirituality that unites all mankind4 the object of the proposed legislation is to establish, with the consent of the state government of bihar, a university under a central act, to be called nalanda university, which will attract the brightest and most dedicated students and teachers from across south and south east asia with a view to (a) impart education and to enable research towards capacity building of the member states in the domain of ancient science (in particular, practiced in the nalanda several centuries ago), philosophy, language, history and other areas of higher learning vital for improving the quality of life; (b) contribute to the promotion of regional peace and vision by bringing together the future leaders of the east asia who by relating to their past history can enhance their understanding of each others' perspectives and to share that understanding globally; (c) understand buddha's teachings in the contemporary context without excluding any other thoughts and practices from any other parts of the world; (d) enhance research for greater interaction between asian countries, particularly between east asia, bound by strong historical commonalities in areas like trade, science, mathematics, astronomy, religion, philosophy and cross-cultural current; (e) foster in the students and scholars the spirit of accommodation, understanding and thus to train them to become exemplary citizens of democratic societies; (f) contribute to the improvement of the educational system of the member states in view of the teaching in nalanda several centuries ago; (g) to provide education and training in various arts, crafts and skills of the member states, raising their quality and improving their availability to the people5 it is also proposed that the nalanda mentor group shall function as the interim governing board for one year or till the constitution of the governing board, whichever is earlier6 the proposed legislation, further provides that the president of india may by order nominate any person to be the visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the visitor the visitor of the university of nalanda appointed under the provisions of the university of nalanda act,2007 enacted by the state legislature of bihar shall be deemed to have been appointed to be the nominee of the visitor and such nominee be also the first visitor under the proposed legislation for a period of five years from the date of the commencement of the proposed legislation the chancellor of the university of nalanda appointed under the provisions of the said university of nalanda act, 2007 shall be deemed to have been appointed as the chancellor under the proposed legislation, and shall hold office for a period of three years from the date of the commencement of the proposed legislation7 the notes on clauses explains the various provisions contained in the bill 8 the bill seeks to achieve the above objectss m krishnanew delhi;the 29th july, 2010 notes on clausesclause 2—this clause contains provision for declaration of the nalanda university as an institution of national importanceclause 3—this clause seeks to define certain expressions used in the bill clause 4—this clause provides that the university of nalanda in the state of bihar, established under the university of nalanda act, 2007, shall be established as a body corporate under the proposed legislation by the name of nalanda university having its headquarters in the district of nalanda in the state of bihar it also makes provision for the university to establish or maintain centres at such other places in india as it may deem fit, and it may, with the approval of the governing board, establish study centres outside indiaclause 5—this clause makes provision relating to effect of establishment of the universityit provides that any reference to the university of nalanda in any contract or other instrument shall be deemed as a reference to the university established under the proposed legislation and all property, movable and immovable, of or belonging to the university of nalanda shall vest in the university and all rights and liabilities of the university of nalanda shall be transferred to, and be the rights and liabilities of, the proposed university under the proposed legislationit further provides that every person employed by the university of nalanda shall hold his office or service in the university 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 the proposed legislation had not been enacted, and 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 statutesit also provides that any reference, by whatever form of words, to the visitor, chancellor or vice-chancellor of the university of nalanda in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the visitor, chancellor or vice-chancellor of the university established under the proposed legislationit also provides that the visitor, the chancellor and vice-chancellor of the university of nalanda shall be deemed to have been appointed as nominee of the visitor, the chancellor and the vice-chancellor of the university established under the proposed legislation it also provides that all colleges, institutions, faculties and departments affiliated to, or admitted to the privileges of, or maintained by, the university of nalanda shall stand affiliated to, or admitted to the privilege of, or maintained by, the university under the proposed legislationclause 6—this clause provides that the jurisdiction of the university shall extend to whole of india and to centres established within or outside indiaclause 7—this clause provides for the composition of the governing board which shall consist of (a) the chancellor; (b) the vice-chancellor; (c) five members from amongst the member states which provide maximum financial assistance during a period of three years, to be nominated by the member states; (d) one member, not below the rank of secretary in the ministry of external affairs, to be nominated by the central government; (e) two members, representing the state government of bihar, to be nominated by the state government; (f) one member not below the rank of additional secretary in the ministry of human resource development, to be nominated by the central government; (g) three members from amongst the persons being renowned academician or educationist, to be nominated by the central governmentthe member, being the secretary in the ministry of external affairs, nominated under this clause shall be the member-secretary of the governing boardclause 8—this clause lays down the powers and functions of the governing boardit provides that the governing board shall be responsible for all the policies and directions of the university and management of its affairs and it shall exercise such powers as may be prescribed by the statutesit further provides that the nalanda mentor group shall exercise the powers and discharge the functions of the governing board for a period of one year or till such time the members referred to in items(c) of (g) of sub clause (f) of clause 7 are nominated, whichever is earlierclause 9— this clause lays down the objectives of the university it provides that the objects of the university, inter alia, shall be: (a) to impart education and to enable research towards capacity building of the member states in the domain of ancient science (in particular, practised in the nalanda several centuries ago), philosophy, language, history and other areas of higher learning vital for improving the quality of life; (b) to contribute to the promotion of regional peace and vision by bringing together the future leaders of the east asia, who by relating to their past history can enhance their understanding of each others' perspectives and to share that understanding globally; (c) to harmonise the academic standards and accreditation norms in teaching, research and curriculum that are acceptable to all member statesit further provides that the university shall be non-profit public-private partnership, which shall seek support from each of the member states and from other sources but shall be autonomous and accountable to the governing boardclause 10—this clause specifies the powers of the university which shall include, inter alia, (i) to make provision for providing, upgrading and promoting holistic and inclusive education and training and research in such education as set out in the objects, and to create an enabling and conducive environment for the pursuit of such education in close co-operation with other experts, scholars and interested persons in india, asian countries and other countries; (ii) to set up a consortium of international partners and friendly countries in furtherance of the objects of the university; (iii) to generate and maintain resources through consultancy services, continuing education programme, national and international collaborations and intellectual property rights; (iv) to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledgeclause 11—this clause provides that the university shall be open to all persons irrespective of gender, caste, creed, disability, ethnicity or socio-economic backgroundclause 12—this clause makes provision for visitor it provides that the president of india shall be the visitor of the universityit further provides that the president may, by order, nominate any person to be the visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the visitorclause 13—this clause provides for the officers of university which shall be (1) the chancellor; (2) the vice-chancellor; (3) the registrars; (4) the finance officer; and (5) such other officers as may be declared by the statutes to be the officers of the universityclause 14—this clause contains provisions relating to the chancellor it provides that the chancellor shall be appointed by the visitor for such term and in such manner as may be prescribed by the statutes and the chancellor shall be the head of the university and preside over at the convocations of the university held for conferring degrees and meetings of the governing boardclause 15—this clause contains provisions relating to the vice-chancellorit provides that the vice-chancellor shall be appointed by the visitor in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the statutesit further provides that the vice-chancellor shall be the principal academic and executive officer of the university, and shall exercise supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the universityclause 16—this clause contains provisions relating to the registrar it provides that the registrar shall be appointed in such manner and on such terms and conditions of service as may be prescribed by the statutes and he shall have the power to enter into, and sign agreements and authenticate records on behalf of the university and shall exercise such powers and perform such functions as may be prescribed by the statutesclause 17—this clause contains provisions relating to the finance officer it provides that the finance officer shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such functions as may be prescribed by the statutesclause 18—this clause contains provisions relating to the controller of examinationsit provides that the controller of examinations shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be prescribed by the statutesclause 19—this clause contains provisions relating to the librarian it provides that the librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesclause 20 —this clause contains provisions relating to the other officers it provides that the manner of appointment, emoluments, powers and duties of the other officers of the university shall be prescribed by the statutesclause 21—this clause contains provisions relating to privileges and immunities of academic staffit provides that the members of the academic staff and, where applicable, their dependents or members of the family, shall enjoy such privileges and immunities as the central government may, after entering into an agreement with the university, notify under section 3 of the united nations (privileges and immunities) act, 1947clause 22—this clause provides for the authorities of the university which shall be:(1) the governing board; (2) the academic council; (3) the boards of schools of studies; (4) the finance committee; and (5) such other authorities as may be declared by the statutes to be the authorities of the universityclause 23—this clause contains provisions relating to the academic council it provides that the academic council shall be the principal academic body of the university and shall, subject to the provisions of the proposed legislation, the statutes and the ordinances, have the control and general regulation, of and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the university and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the statutes the constitution of the academic council and the term of office of its members shall be prescribed by the statutesclause 24—this clause contains provisions relating to the school of studies it provides that there shall be such number of schools of studies as the university may determine from time to time which shall include: (i) buddhist studies, philosophy and comparative religions; (ii) historical studies; (iii) international relations and peace studies;(iv)business management in relation to public policy and development studies;(v) languages and literature; (vi) ecology and environment studies; (vii) any other school as may be prescribed by the statutesit further provides that every school of studies shall have a board comprising of such members as may be prescribed by the statutes and the powers and functions of the boards of school of studies shall be prescribed by the statutesclause 25—this clause contains provisions relating to the finance committee it provides that the constitution, powers and functions of the finance committee shall be prescribed by the statutesclause 26—this clause contains provisions relating to other authorities it provides that the constitution, powers and functions of the other authorities which may be declared by the statutes to be authorities of the university shall be prescribed by the statutesclause 27—this clause contains provisions relating to the statutes it provides that subject to the provisions of the proposed legislation, the statutes may provide for all or any of the matters specified in this clauseclause 28—this clause specifies the procedure relating to making of the statutes it provides that the first statutes shall be made by the governing board, with the prior approval of the visitor, within six months of the commencement of the proposed legislation, for operation of university the governing board may, from time to time, make new or additional statutes or may amend or repeal the statutesclause 29—this clause contains provisions relating to the ordinances it provides that subject to the provisions of the proposed legislation and the statutes, the ordinances may provide for all or any of the matters specified in this clauseit further provides that the first ordinances shall be made by the vice-chancellor with the previous approval of the governing board and the ordinances so made may be amended, repealed or added to at any time by the governing board in the manner prescribed by the statutesclause 30—this clause contains provisions relating to the regulations it provides that the authorities of the university may make regulations consistent with the proposed legislation, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by the proposed legislation, the statutes or the ordinances in the manner prescribed by the statutes clause 31—this clause contains provisions relating to the annual reportit provides that the annual report of the university shall be prepared under the directions of the governing board which shall include, among other matters, the steps taken by the university towards the fulfilment of its objectives and it shall be submitted to the visitor on or before such date as may be prescribed by the statutes a copy of the annual report shall also be submitted to the member states and exhibited on the website of the universityclause 32—this clause contains provisions relating to annual accounts of the universityit provides that the annual accounts and the balance sheet of the university shall be prepared under the directions of the governing board and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the comptroller and auditor- general of india and a copy of the accounts together with the audit report shall be submitted to the visitor along with the observations, if any, of the governing boardclause 33—this clause makes provision for the conditions of service of employees it provides that every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concernedit further provides that any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the governing board, one member nominated by the employee concerned and an umpire appointed by the visitorclause 34—this clause contains provisions relating to the procedure of appeal and arbitration in disciplinary cases against studentsclause 35—this clause contains provisions relating to right to appeal it provides that every employee or student of the university or of a school of studies or centre or institution maintained by the university or admitted to its privileges shall have a right to appeal, within such time as may be prescribed by the statutes, to the governing board against the decision of any officer or authority of the university or of the principal or the management of any school of studies or centre or an institution, as the case may be, and thereupon the governing board may confirm, modify or reverse the decision appealed againstclause 36—this clause contains provisions relating to provident and pension fundsit provides that the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutesclause 37—this clause contains provisions relating to the settlement of disputes as to the constitution of authorities and bodiesit provides that if any question arises as to whether any person has been duly nominated or appointed as, or is entitled to be a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be finalclause 38—this clause contains provisions relating to filling of casual vacancies it provides that all the casual vacancies among the members (other than ex officio members) of any authority or other body of the university shall be filled, as soon as may be convenient, by the person or body who appoints, nominates or co-opts the members whose place has become vacant and any person so appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a memberclause 39 —this clause provides that the act or proceedings of any authority or any other body of the university shall not be invalid merely by reason of the existence of any vacancy or vacancies among its membersclause 40—this clause contains provisions relating to the protection of action taken in good faithit provides that no suit or other legal proceedings shall lie against any officer or employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of the proposed legislation, the statutes or the ordinancesclause 41—this clause contains provisions relating to power to remove difficultiesit confers power upon the central government to remove difficulties which may arise in giving effect to the provisions of the proposed legislationclause 42—this clause provides that every statute, ordinance or regulation made under the proposed legislation shall be published in the gazette of india and website of the universityit also provides that every statute, ordinance or regulation made under the proposed legislation shall be laid before each house of parliamentclause 43—this clause contains transitional provisionsit provides that the first registrar and the first finance officer shall be appointed by the governing board and each of the said officers shall hold office for a term of three years it further provides that the first board of school of studies shall consist of not more than eleven members, who shall be nominated by the governing board and they shall hold office for a term of three years, the first academic council shall consist of not more than nineteen members, who shall be nominated by the governing board and they shall hold office for a term of three yearsclause 44—this clause makes provision for repeal of the university of nalanda act,2007it provides that notwithstanding such repeal: (a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the university of nalanda act, 2007, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of the proposed legislation; and (b) all proceedings of selection committees for the appointment or promotion of teachers that took place before the commencement of the proposed legislation and all action of the governing body in respect of the recommendations of such selection committees where no orders of appointment on the basis thereof were passed before the commencement of the proposed legislation shall be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of the proposed legislation and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the visitor, a decision to the contrary financial memorandumclause 4 of the bill provides for establishment and incorporation of the nalanda university sub-clause (4) of the said clause provides that the headquarters of the university shall be in the district of nalanda, in the state of bihar under the university of nalanda act, 2007, the government of bihar took some initial steps of acquiring 446 acres of land for the purposes of establishing the university, and the said government has agreed to transfer it to nalanda university once it is established as part of the government of india's commitment to the university, the government of india would contribute towards the capital expenditure for the establishment and maintenance of the university2 sub-clause (2) of clause 9 of the bill provides that the nalanda university shall be a non-profit public-private partnership, which shall seek support from each of the member states and from other sources but shall be autonomous and accountable to the governing board accordingly, the university funding is based on the assessed contributions from amongst the member states of the east asia summit (eas ), in addition to benefactions, donations and gifts received in accordance with the regulations made by the governing board private donations, international contributions from other foreign governments and member countries of the eas are expected on voluntary basis3 at this stage, it is difficult to make any estimate of the expenditure which may be involved4 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 28 of the bill provides that the statutes shall be made by the governing board, with the prior approval of the visitor clause 27 specifies the matters in respect of which such statutes may be made under the proposed legislation these matters, inter alia, relate to: (a) the manner of appointment of the chancellor; (b) the manner of appointment of the vice-chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him; (c) the manner of appointment of registrar, the finance officer, the controller of examinations and other officers and terms and conditions of their service and the powers and functions that may be exercised and performed by such officers2 clause 29 of the bill provides that ordinances shall be made by the vice-chancellor with the previous approval of the governing board sub-clause (1) of the said clause specifies the matters in respect of which such statutes may be made under the proposed legislation these matters, inter alia, relate to: (a) the admission of students, the courses of study and fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowships, awards and the like; (b) the conduct of examinations, including the terms and conditions and manner of appointment of examiners; (c) any other matter which by the proposed legislation or the statutes is to be, or may be, provided for by the ordinances3 clause 30 of the bill provides that the authorities of the university may make regulations consistent with the proposed legislation, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by the proposed legislation, the statutes or the ordinances in the manner prescribed by the statutes4 clause 42 of the bill provides that every statute, ordinance or regulation made under the proposed legislation shall be published in the gazette of india and website of the university it also provides that every statute, ordinance or regulation made under the proposed legislation shall be laid before each house of parliament5 the matters in respect of which the statute or ordinances or regulations may be made are matters of procedure and administrative detail the delegation of legislative power is, therefore, of a normal character———— a billto implement the decisions arrived at the second east asia summit held on the 15th january,2007, at philippines and subsequently at the fourth east asia summit held on the 25th october, 2009, at thailand for the establishment of the nalanda university in the state of bihar as an international institution for pursuit of intellectual, philosophical, historical and spiritual studies and for matters connected therewith or incidental thereto————(shri sm krishna, minister of external affairs) | Parliament_bills | 029486a1-c9c5-571d-b1f5-14612d4b308c |
bill no 128 of 2009 the meritorious students (assistance in higher studies) bill, 2009 by shri kc singh "baba", mp a billto provide for loan facilities to meritorious students for pursuing their higher studies and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title and extent1 (1) this act may be called the meritorious students (assistance in higher studies)act, 2009(2) it extends to the whole of india 2 in this act, unless the context otherwise requires:—definitions5(a) "bank" means any nationalised bank and includes any financial institutionwhich is owned by or is under the control of or where fifty one per cent of shares are held by the central government or is receiving aid from the central government;(b) "higher studies" means and includes courses in medicine, engineering or management or any professional course in any field or vocation or research in any field from any recognized college or a university or an institution;(c) "meritorious student" means a student who has secured a minimum of seventy-five per cent marks in the higher secondary examination; and5(d) "prescribed" means prescribed by rules made under this act3 all meritorious students shall be provided with loan from the banks for pursuing their higher studies:banks to provide loan to meritorious students10provided that the loan shall be sanctioned only to such students whose family incomefrom all sources is not more than ten thousand rupees per monthexplanation—for the purpose of this section, "family" means husband, wife and their dependent childrenapplication for loan4 (1) any student who fulfils the provisions of section 3 and who wishes to pursuehigher studies may make an application to the concerned branch of any bank15(2) an application made under sub-section (1) shall be disposed of within one monthfrom the date of receipt thereofamount ofloan5 (1) the loan shall be payable to the eligible student till he completes the course forwhich the loan is applied for20(2) the amount of loan payable shall cover the entire cost of education which shallinclude course fees, study material, hostel fees, if any, and any other expenditure in connection with the education(3) the bank shall make the payment directly to the head of the college or universityor institution where the student is studying6 (1) the loan shall be given to an eligible student without any security or guarantee:25provided that the bank may demand from the student such details and documentaryproof, as it may deem fit, before sanctioning the loanterms andconditions of sanction and repayment of loan(2) the loan shall be recovered from the students in equal monthly instalments withsimple interest at the rate of five per cent per annum immediately after the student gets a job on completion of his study:provided that the loan shall be repaid within four years from the date of getting job30power tomake rules7 (1) the central government may, by notification in the official gazette, make rulesfor 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 rule40 statement of objects and reasonsthe higher education, especially medical and engineering education has become very expensive the meritorious students who come from the lower strata of society are unable to afford the fees charged for such courses and are, therefore, deprived of higher studies this will have an adverse effect on the nation building activityit is, therefore, necessary that banks extend concessional financial assistance at nominal rate of interest to meritorious students to enable them to pursue their studies unhindered and contribute to nation buildingthe bill seeks to achieve the above objectivesnew delhi;kc singh "baba"november 5, 2009 memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill these rules will relate to the matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for loan facilities to meritorious students for pursuing their higher studies and for matters connected therewith————(shri kc singh "baba", mp)gmgipmrnd—5067ls—08-12-2009 | Parliament_bills | d211114e-748b-5730-8505-eba338b1f1af |
bill no 54 of 1980 m _ os - the tamu, nadu appropriation (vote on acc;ount) bill, 1980 a billto prot'ide fot the withdrawal of certain sums from and out of the consolidated fund of the state of tamil nadu for the services of a part of the financial year 1980-81 be it enacted by parliament in the thirty-first year of the republic of jndia lis follows:-1 this act may be called the tamil nadu appropriation (vote on short account) act, 1980 title 5 2 from and out of the consolidated fund of the state of tamil nadu there may be withdrawn sums not exceeding those specified in (;olumn 3 ,r thf' schedule amounting in the aggregate to the sum of four hundred and forty-six crores, thirty-seven lakhs, and eighty-five thousand :-upees tc'lwaros df'fraying the several charges which will come in course of pay-10 ment during the financial year 19'80-81 withdrawalof rs4,46,37, 85,000 from and out of the consolidated fund of the state of tamil nadu for the financial year 1980-81 appropriation 3 the sums authorised to be withdrawn from and out of the consolidated f' - md of the state of tamil nadu by this act shall be appropriated 'for the services and purposei expressed in the schedule in relation to the said year (see sections 2 and 3)r, rs r" j n i o!l ,000 i ,r i ,02,000 s '{otor ve'l;"'e' :\c~ almini§tr tion re';enue 5,4>3'7000 g~'-e-"i s~it tax :",rl 4 oth~"'t"x,, ~t1d du!;l"s -admini<tration 10,000 !i stamp' a:lmilji~tration r~venue 24,68000 6 re:;i,tration, revenue 1,000 9934,000 d!bl chargll reve:1ue 32a;020~ j'u~2~·003 7 r"veque 27 fioooo _ 2~,9$,ooo sspf!o 8 state le~'isllltllre ! t" , ele:tions 3s 3,7178,000 374,78,000 9 he d of st, te, mj,i·e·~ -:and-hcildq~arters gti~ff _' ra,'enue' 10 milk supply sche ne1 rel'eaue 6,9b~~ district admini~tril tiol) r' '- :\ ii | administration | of | tt-e | tamil ||-------------------|------------|-----------|----------|| na-lu | | | || hi~du | reli!tiou~ | | || and | ch"ritab!e | - | || eni:lo~rii5 | | | || act, | | | || 1959 | | | || revl"nue | | | || 6,coo | | | || 57,66,000 | | | || ~ | | | || 6,ij, | | | || ,000 | | | || 1l23,ob09o | | | || 2,59,,1/5000 | | | || i | | | || i,oqo | | | || 'a:lministration | | | || of | justice | reve:'\ue | || l " | -, | " | || j | | | || ¥1~ | | | || , | | | || re,-:eue | | | || 1,91,63000 | | | || 1,!li,6+,~ | | | || 40 | | | || polin: | | | || r"\enue | | | || ii,no | | | || 14,lg,(u,000 | | | || 14,:0,02,000 | | | || i,oco | | | || 1,06,78,000 | | | || 17 | | | || ihucation | | | || reve111e | | | || z,ooo | | | || 7::1 | | | || ,1l4 | | | || 26~0()i) | | | || 73,201,28,000 | | | || 18 | melic;l | | || reve:lue | | | || 19,5 | | | || 0 | | | || ,83,000 | | | || 19,~01j3,ooo | | | || 19 | | | || public | | | || he | 11th | | || revenue | | | || 1,000 | | | || 14 | | | || 86 | | | || ,20,000 | | | || 14,86,21,000 | | | || 45 | | | || ilo | | | || agriculture | | | || r~venlle | | | || 3coo | | | || 17 | | | || 21 | | | || ,33,000 | | | || iii | | | || fi<he | | | || -'el | | | || 22 | | | || a1)im~1 | | | || h1l1b,lndry | | | || pe:e | | | || i | | | || e | | | || i,cco | | | || 2::1 | | | || c(l-o~(, | | | || | "on | | || !a~ | | | || t'l·h tr',·, | | | || 1' | | | || 'i", | | | || e | | | || 1 | | | || ,roo | | | || 3,69,86"" 0 | | | || ': | ( | ! | || 58,~~ooo | | | || so | | | || !a5 | | | || ci'lcho1a | | | || ---- | | | || ------ | | | || , | | | |no of vot'" app·" 5 ~dria~ tl0n dated fund r, -----~, "",,:-'-~~-: --- - --~-----rs --_1--r • 116 ~dloom aqq, textile! ~f'j1ue revenu", 'j7 khadi 511,64,000 revenue 16,10,10,000 communitv development pro3e:ts, etc 10 119 labour including f;lctor:e~ peveoi e i,coo 1,8u,74,000 1,88,t!l,~ r';\'e:)[c 3,6e~62,000 30 social w('lra~'e 3,60,~000 w~lr"n~ of the ~rhc'dllld 10,000 tribe~ ;lncj c ,ste!, c~c revenue i 6,37"'5,000 \v lral'c' of th" backward ciass,,!, etc rev nut' 1,000 1i,!li,19,ooo r(venue 2,68,80,000 11,68,80,000 33 hou!ing revenuc' 34 urban developmmt l,ifj,oi,ooo 8000 rev<:-nue 35 civil supi;lies revenue 9,91,13,000 991,17,000 36 i rrig'l tion revcme 89,06,000 37 puhlk works-buildillgj p"blir \vork-etahli'lhm~nt 25 118846,000 38 and tools and plant revenue 16,711,118,000 31) ro;!,js and bridgt's revenue 1,000 13,61,000 revenue ro;!d transport services ami shipping r~lifr on arcoun i or 0\1 :i86,j~ ,000 :lz,87,90,ooo natural calamitic'~ revenue 9,61,01,000 19,611,91,000 pension~ and other r-:tircmrnt brnefits ~vc'nue 15,118,89,000 mi~cellan'~ous revenuc' i 115,33,47,000 0\3 35 lz,9 1044,ooo 17: ,000 stationery and printing i revt'nue 44 1,000 45 forest d:partm~nt ~r~venue revenue 46 compen_tion and assignmenu 40 ;,61,911,000 revenue information, tourism and film technology capital outlay on agricultu"' capital 49 i,no(; ~ capital outlay on industrial d(',e!oprreal 4s 50 c,pital capital outlay on irrigation capital capital outlay on public work -buildings so i,eel capital cliphal ouday on roads and ~rl·;re 968,14,000 -------sums dot exceeding servicii add purpgiii voted by par-charged on iiament the consoli-total dated fund it -rs rs rs 5' capital outlay on road transport service and capital shippulg 3,23,000 3,23,000 10 capital outlay on forest capital 2,49,42,000 2,49,42,000 54 miscellaneous capital outlay capital 2,90,41,000 1,000 2,90,46,000 55 56 loans and advances by the sute government capital 38,05,57,000 3b,06,57,ooo 15 publ" dii,i-rt/h''fi'iini' capital ~ s,'17 ,16 oo? 5587,16,000 ;~ ~,~',~;~~~(:-r ~ - - - -- - '---"--_-total 92 o:r;joco 446,:n 85,000 ------ ---------~-- '- statement of objects and reasonsthis bill is introduced in pursuance of articles 204 (1) and 206 of th~ constitution read with the proclamation issued under article 356 of the-constitution in respect of the state of tamil nadu on the 17th february,_ 1980 to provide for the appropriation out of the consolidated fund of the· strte of tamil nadu of the moneys required to meet the expenditurechargeri on the consolidated fund of the state of tamil nadl1 and thegrants made in advance by the lok sabha in respect of the estimated expenditl<re of the government of tamil n adu, for a part of the financial ypar 1980-81 r venkataraman • 1 f, ~~~j:s ~~mjiij)m'iqw~n~;:;llatai1,j2ovi;ohtjle j'ic ("i '·'1 c)1 (~~jti~ q~~a ,-, )li,:: ·:(1 [copy of jetter no f 2(40)-b(s)/8o" rcl~~~d t&e\2ih:m~rch, 'istio from shri r venkataraman, finance minister to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to provide for withdrawal of certain sums from and out of the consolidated fund of the state of tamil nadu for the services of a part of the financial year 1980-81: recommends under clauses (1) and (3) of article 207, of the constitution of india, read with clause (2) o£ article 206 thereof and the proclamation dated the 17th february, 1960, issued under article 356 of the constitution, the introduction of the tamil nadu appropriation (vote on account) bill, 1980, in and the consideration of the bill by the lok sabha 2 the bill will be introduced iinmediately after the demands for grants 'on account' for exqenditure of the government of tamil nadu for a part of the financial year 1980-81, have been voted , - --, a bill,-to provide for the withdrawal of certain sums from and out of the consolidated fund of the state of tamil nadu for the services of a part ()f the financial year 1980-81 ~ ~'" (shri it v~, mitiu~ of nft&ftce) ~ | Parliament_bills | 9ab9a61a-47f5-5645-bdbc-64fdb47976c2 |
bill no 131 of 2012 the free educational and hostel facilities to students belonging to the scheduled castes, the scheduled tribes and economically weaker class bill, 2012by dr mahendrasinh p chauhan, mp a billto provide for free educational and hostel facilities upto post graduation level for the students belonging to the scheduled castes, the scheduled tribes and economically weaker class and for matters connected therewithbe it enacted by parliament in the sixty-third year of the republic of india as follows:—belonging to the scheduled castes, the scheduled tribes and economically weaker class act, 2012short title, extent and commencementdefinitions2 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 | ) "economically weaker class student" means a student whose family income || from all sources is not more than rupees twenty thousand per annum; | | || ( | c | ) "educational institution" means any college or institution or university || imparting higher education including medical and technical education, recognized by | | || the government or established under an act of the central government or a | | || state government; and | | || ( | d | ) "prescribed" means prescribed by rules made under this act || 10 | | || 3 every educational institution shall provide free education to students belonging to | | || the scheduled castes, the scheduled tribes and economically weaker class for a period of | | || six years from the date of his enrollment in such institution or till the completion of the | | || course of study, whichever is earlier, in which that student is enrolled in such manner as | | || may be prescribed | 15 | || free | | || educational | | || facilities for | | || students | | || belonging to | | || certain | | || categories | | |explanation—for the purpose of this section, free education includes,—(a) all expenses incurred on admission and tuition fees; (b) provision of books and stationery items free of cost; and (c) scholarships, in such cases as may be prescribed20free hostel facilities4 the appropriate government shall provide free hostel facilities to studentsbelonging to the scheduled castes, the scheduled tribes and economically weaker class, in such manner and for such period, as may be prescribed5 the appropriate government shall establish and maintain or cause to be establishedor maintained adequate number of hostels, at such places and in such manner as may be prescribed, within its territorial jurisdiction25establishment of adequate number of hostels6 the provisions of this 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 in derogation of other lawspower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor 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 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 previoulsy done under that rule statement of objects and reasonsin our country even after more than sixty years of independence, most of the students belonging to the scheduled castes, the scheduled tribes and economically weaker class are not able to afford even their school education leave alone university level education the poorest among them are not able to go even to primary schools and remain illiterate and thus continue to get exploited in the society the government provides free school education to them but that is not enough after completion of school education when they go to the college or university, it is beyond their reach to pay either the tuition fee or the hostel charges medical and engineering students have to stay in hostels which are very expensive and students belonging to these categories cannot afford cost of staying in the hostels this compels even the brightest students among them to opt out from higher education in some cases their tuition fee is exempted but that is not enough therefore, it is necessary that students belonging to the scheduled castes, the scheduled tribes and economically weaker class are provided free education and hostel facilities to enable them to pursue their higher education that is why late shri rajiv gandhi in the election manifesto of the indian national congress for the 1991 general elections had promised—"guarantee of tuition fee and maintenance allowance to every sc/st student admitted to any university for a maximum period of six years" after coming back to power, the government had included economically weaker class people in its welfare ambit thus, it will be appropriate to enlarge the scope of that promise to the electorate this can be achieved by providing free educational and hostel facilities to students belonging to the scheduled castes, the scheduled tribes and economically weaker classhence this billnew delhi;mahendrasinh p chauhannovember 7, 2012 financial memorandumclause 3 of the bill provides for free educational facilities to the students belonging to the scheduled castes, the scheduled tribes and economically weaker class clause 4 provides for free hostel facilities for students belonging to the scheduled castes, the scheduled tribes and economically weaker class clause 5 provides for establishment of adequate number of hostels the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india a recurring expenditure of rupees one hundred crore is likely to be involved per annuma non-recurring expenditure of rupees twenty crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the billas the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for free educational and hostel facilities upto post graduation level for the students belonging to the scheduled castes, the scheduled tribes and economically weaker class and for matters connected therewith————(dr mahendrasinh p chauhan, mp) | Parliament_bills | 14308200-30bf-5cf2-9368-e6ae34c4f1cf |
bill no lix of 2008 the homeless orphan and street children (rehabilitation and welfare) bill, 2008 a billto provide for the rehabilitation and welfare measures to be undertaken by the central and state governments for the homeless orphan children who are referred to as street children who subsist on rag picking, begging, petty crimes, shoe polishing, working as porter or performing acrobatics at road crossings or public places by taking their custody and providing them due care, protection, education, vocational training and other means and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the homeless orphan and street children (rehabilitationand welfare) act, 2008short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at once5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "child" means a boy or girl who is below the age of eighteen years; (c) "children home" means an institution or home either established or certified as such by the appropriate government for the purposes of this act;5(d) "orphan or street children" means children with unknown parentage, abandoned, vagabond and who collect waste papers, plastic items, glass and metal waste from garbage dumps, streets and other public places including neglected and destitute children who subsist on working as a porter, vendor, shoe shiner, beggar or petty criminal and who generally languish on pavements, hutments slums or railway platforms, bus stops and such other places and remain deprived and exploited(e) "prescribed" means prescribed by rules made under this act103 (1) the central government shall, as soon as may be, formulate a national policy for the rehabilitation and welfare of homeless orphan and street children so as to secure them all rights of childhood to enable them to enjoy their childhood and ultimately become responsible citizensnational policy for homeless orphan and street children15(2) without prejudice to the generality of the foregoing provisions, the national policy may include provisions for—(a) taking custody of every orphan and street child who is homeless and without guardians and his board and lodging and other facilities wherever necessary in children home;20(b) withdrawal of orphan and street children from their profession of rag picking,begging, petty crimes, shoe polishing, potter, performing acrobatics or any such profession as may be prescribed;25(c) free educational facilities, vocational training and facilities for developing character and abilities to become self dependent in life for the orphans and street children;(d) employment opportunities for orphan and street children after they grew up and complete their education or vocational training;30(e) providing yearly grants-in-aid to all the orphanages and non-governmental organisations who are working for the welfare of orphans or street children, as the case may be;(f) such other measures as may be deemed necessary for carrying out the purposes of this act4 it shall be the duty of the appropriate government to implement the national policy formulated under section 3 of this actappropriate government to implement the policy35establishment of homeless orphan and street children welfare fund5 (1) the central government shall, as soon as may be, by notification in the official gazette, establish a welfare fund for the purposes of this act with initial corpus of rupee two thousand crores, and thereafter shall contribute to the fund from time to time after due appropriation made by parliament by law in this behalf along with the governments of the state in such ratio as may be prescribed40(2) there shall also be credited to the fund such other seems as may be received by way of donation, contribution, assistance or otherwise from individuals, body corporate, financial institutions, etc(3) the fund shall be utilised for the welfare of the homeless orphans and street children in such manner as may be prescribed456 (1) the appropriate government shall establish or cause to be established such number of children homes as it may deem fit and necessary for the purposes of this actestablishment of children homes(2)the children homes established under sub-section (1) shall provide free of cost board and lodging and such other facilities to the children covered under this act as may be prescribed7 the appropriate government shall—miscellaneous provisions(a) maintain a district wise register of all the homeless orphans and street children;5(b) open sufficient number of schools and colleges for imparting education freeof cost to the homeless orphan and street children and provide books, writing materials, clothes and uniforms and other relevant articles free of cost;10(c) provide healthcare facilities free of cost to every child covered under thisact;(d) take custody of every child who is homeless, orphan, vagabond destitute,rag picker, beggar or petty criminal or such children identified by such government in such manner as may be prescribed;15(e) send every child taken into custody under this act to the children home or toa ngo certified by such government in such manner as may be prescribed;(f) provide vocational training and gainful employment wherever required; (g) take such other measures as may be necessary for the rehabilitation andwelfare of children covered under this act20 8 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate requisite funds for carrying out the purposes of this actcentral government to provide requisite fundspenalty9 notwithstanding anything contained in the indian penal code or any other law for the time being in force, whoever,25(a) forces any child covered under this act to beg, commit petty crime, ragpickingor any act which is injurious to the health of such child shall be punishable with imprisonment which shall not be less than four years but may extend to seven years and also with fine which may extend to five lakh rupees;30(b) sexually exploits any child covered under this act in any manner whatsoevershall be punishable with imprisonment which shall not be less than ten years but may extend to life imprisonment and also with fine which shall not be less than five lakh rupees but may extend to ten lakh rupees;(c) having already been convicted of an offence under this act or of an abetmentof such offence is again convicted of any such offence or abetment shall be punishable with life imprisonment and also with fine which may extend to ten lakh rupees35act to have overriding effect10 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 force11 the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable for the children covered under this actact supplement other laws power to make rules4012 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsit has rightly been said that children are the future of any country because they grow as the citizens of that country it is, therefore, necessary to bring up them in a good atmosphere by providing them all the necessities of life, good education and a joyful childhood it is equally important to note that most of the parents try their best to upbring their children with love and care and provide them best facilities but in our country, unfortunately, there are millions of orphans with known or unknown parentage, mostly homeless, abandoned, run away vagabond and destitute who are generally known as street children and can be seen in most of the urban areas loitering, collecting waste papers, plastic and metal scraps from the dumping pits and public places for their subsistence they can also be seen begging at the road crossings, near the religious places, markets, bus stops and railway stations many a times they indulge in petty crimes like stealing, pickpocketing and snatching for their survival they are exploited by anti-social elements and even by police such children become hardened criminals when they grow up the girl child in this category is generally sexually exploited and ultimately pushed into flesh trade it is a pity that these hapless street children work under pathetic and unhygienic conditions and fall prey of all kinds of dreaded diseases education is a dream for them and even two square meals are a luxury for them these children are thus most vulnerable to abuses, exploitation and depravityours is a welfare state and thus it is the duty of the state to ensure that these hapless, homeless orphan and street children are protected against neglect cruelty and exploitation and they must enjoy their childhood by bringing them to the national mainstream by giving every opportunity and protection they deserve to fully develop their potentials they should be provided with good education, nutrition, healthcare and good atmosphere which will enable them to grow as responsible citizens the governments have to establish children homes with all facilities for the street children the ngos too have to be encouraged for the uplift of orphans and street children if the orphans and street children are looked after well, it will not only uplift the conditions of the homeless orphan and street children but it will also create a better society and strong nationhence this billo t lepcha financial memorandumclause 6 of the bill provides for the establishment of children homes clause 4 prescribes on appropriate govt the duty to implement the national policy for rehabilitation and welfare of orphan and street children clause 8 makes it obligatory for the central government to provide adequate requisite funds for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is difficult to assess the exact quantum of money likely to be involved at this stage but it is estimated that a sum of rupees five thousand crores may involve as recurring expenditure per annuma non-recurring expenditure to the tune of rupees ten thousand crores may also involve memorandum regarding delegated legislationclause 12 of the bill gives power to 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 rehabilitation and welfare measures to be undertaken by the central andstate governments for the homeless orphan children who are referred to as streetchildren who subsist on rag-picking, begging, petty crimes, shoe polishing,working as potters or performing acrobatics at road crossings or public placesby taking their custody and providing them due care, protection,education, vocational training and other means and for mattersconnected therewith and incidental thereto(shri ot lepcha, mp) | Parliament_bills | 964dfef1-40f3-5664-8959-572f1fffc436 |
t o ihe k a t i o k a l a u t h a ^ i t i o f j1mdi4 b i l l , 1980( j b b e / a s i n t r o d u c e d i n l k s a b h a )1 p a g e 3, i n thc^ m a r g i n a l u f c a d x n g c l a u s e 8 , -f o r " i n v a l i i a t e ' r e a d " i n v a l i d a t e "2 p a g t - h , a g a i n s t l i n e 3 j , i n t h e ; n a r g i n a l c l t a t i o n , -f o r " 1 o f 1 9 8 ^ '' r e a d " 1 o f 189^ "3 p a g e 5, l i n e 33 , -f o r " c o r p o r a t i o n o f " r e a d " c o r p o r a t i o n o r " h p a g e 7 , 1 - in e 36, -f o r " a n y o f f i c e r o r a n y e m p - l d y e e " r e a d " o f ' i c e r o r e m p l o y e e "5 p a g e 8 , l i n e 2 , -f o r " a n y o f f i c e r o r a n y e n ^ j l o y e e " r e a d " o f f i c e r o r e m p l o y e e " p a g e 10, l i n e 16, -a f t e r " s u b - s e c t i o n ( 1 ) " i n s e r t ' b r s u b - s e c t i o n ( 3 ) "7 p a g e 16 l i n e 11, -a f t e r " e x p e n d i t u r e " i n s e r t " i n c u r r e d "k e w d e l h i ;i j o y e n b e r 1^ 1 9 8 5k a r t i k a 10, "1910 ( 3 ^ ^ ^ ) the national highw ays authority of india mtt 1988 arrangement of clauses chapter i pseliminary c la u ses | i1 short title, extent and commencement2 definitions- chafiter ii t he n a tio n a l h ig h w ay s authoiccnr o r imdia3 constitution of the authorityj4- t erm of office and conditions o f service of members5 disqualifications for appointm ent as member 6 eugibihty of m em ber for reappointment7 m eetings8 vacancy in the a uthority not to invalidate proceedings9- a ppointm ent of officers, consultants and other employees of the a uthority10 a uthority to act on business principles^ chapter mp r o per ty a n d co n tra c ts11 pow er of the c entral governm ent to vest or entrust any nationalhighw ay in the a uthority )12 transfer of assets and liabilities of the central government to thea uthority '13 compulsory acquisition of land for the authority14 contracts by the authority15 mode of executing contracts on behalf of the authority chapter ivf u n c t io n s o f t h e authorny16 functions of the authority clavsb17 g rants and loans by th e c entral gotaniniant 18 f und of th e a uthority19 budgets20 investm ent of funds-21 b orrow ing pow ers of the a uthority22 a nnual report23 accounts and audit,24 a nnual rep o rt and auditor's report to be laid before p arliam en t chapter vi miscbjansous25 d elegation of powers26 a uthentication of orders and other instn u n en ts of the a u & o ri^ 27 em ployees of th e a uthority to be public servants 2s protection of action taken in good faith29 p ow er of the a uthority to undertake certain works30 pow er to enter31 p ow er of the c entral g overnm ent to tem porarily divest the a uthority of th e m anagem ent of any national h i^ w a y 32 p ow er of th e c entral g overnm ent to supersede the a uthority33 p ow er of th e c entral g overnm ent to issue directions34 pow er of the c entral g overnm ent to m ake rules 35 pow er of the a uthority to m ake regulations36 pow er to rem ove difflcuities^37 rules and regulations to be laid before parliam ent t h l national highw ays authority o f india bill, 1988 a billto provide for the constit-ution of cm authority for the development, maintenance and management of national highways and for matters connected therewith or incidental theretobe it enacted by parliam ent in the thirty-ninth year of the republic ef india as follow s:—i chapter i p reliminaky5 !• (1) this act m ay be called the national highways a uthority cf india ^^ct> 1988 title,(2) it extends to the whole of indiaextent and(3) it shall come into force on such date as the central government com^ncementm ay, by notification in the official gazette, appoint102 in this act, unless the context otherwise requires,— deflnitions,(o) "a uthority" m eans the national highways a uthority of india constituted under section 3;(b) "c hairm an" means the chairman of the authority;(c) "«mployee'' m eans a person in the full-tim e service of the j 5 authority?(d) "m em ber" m eans a m em ber of the a uthority appointed vmder section 3 and includes the chairm an;(e) "national highw ay" m eans any highw ay for the tim e being t declared as a national highw ay under section 2 of the n ational h ighw ays act, 1956; 5(f) "prescribed" m eans prescribed by rules m ade under this act;(g) "regulations" m eans regulations m ade by the a uthority xmder this act;(h) w ords and expressions used herein and not defined but defined in th e n ational h ighw ays act, 1956 shall have the m eanings jq assigned to them in th at act ch a pter ii t he n ational h icshways authohrry of indiaconstitution of the authority3 (i) w ith effect from such date as the c entral g overnm ent may» by notification in the official g azette, appoint in this behalf, there shall 15 be constituted for th e porposes of this a ct an a uthority to be called the n ational h ighw ays a uthority of india(2) the a uthority shall be a body corporate by the nam e aforesaid having perpetual succession and a common seal, w ith power, subject to the provisions of th^s act, to acquire, hold and dispose of property, both movable and im m ovable, and to contract and shall by the said nam e sue and be sued(3) the a uthority shall consist of -(i) a chairm an;(ii) not m ore than five full-tim e m em bers; and25(iii) not m ore than four part-tim e m em bers, to be appointed by th e c entral g overnm ent by notification in th e official g azette4 the term of ofbce and other conditions of service of the m em bers shall be such as m ay be prescribed 30term ofofllceandconditionsofservice of raerabers5 a person shall be disqualified for being appointed as a m em ber if h e —(a) has been convicted and sentenced to im prisonm ent for an offence, w hich, in the opinion of th e c entral governm ent, involves m oral turpitude; or ^5disqualificationsforappoint ment as member(b) is an im discharged insolvent; or(c) is of xmsound m ind and stands so declared by a com petent c ourt; or(d) has been rem oved or dismissed from the service of the governm ent or a corporation owned or controlled by the governm ent; or 40(e) has, in the opini®n of th« c entral governm ent, such financial or other interest in the a uthority as is likely to affect prejudicially the discharge by him of his functions as a member6 subject to the other tm n s and conditions of service as may be pres- eligibility 5 cribed, any person ceasing to be a m em ber shall be eligible for reappointof m ent as such membermemberfor reappointmentmeetings7 (i) the a uthority shall m eet a t such tim es and places and shall observe such rules of procedure in regard to the transaction of business at its m eetings, including the quorum thereat, as mny be provided by iq regulations^'(2) if for any reason the chairm an is unable to attend any m eeting of the a uthority an|y other m em ber chosen by the m em bers present at the m eeting shall preside a t the meeting(3) all questions which come up before any m eeting of the a uthority15 shall be decided by a m ajority of yotes of the m em bers present and voting, and in ttie event of an equality of votes, the chairm an, or in his absence, the person presiding, shall have and exercise a second or casting vote8 no act or proceeding of the a uthority shall be invalidated m erely by reason of—20 (a) any vacancy in, or any defect in the constitution of, thea uthority; or ^ vacancy in the authority not to invaldate proceedings(b) any defect in the appointm ent of a person acting as a m em ber of the a uthority; or(c) any irregularity in the procedure adopted by the a uthority not affecting the m erits of the case9 (1) for the purpose of discharging its functions, the a uthority shall appoint such num ber of officers and other employees as it m ay consider necessary on such term s and conditions as m ay be laid down by the regulations !30 (2) the a uthority m ay appoint, from tim e to time, any person asadviser or consultant as it m ay consider necessary, on such term s and conditions as maiy be la id ^ o w n by the regulations iappointment of officers, consultants and other employees of the authority10 in the discharge of its functions under this act, the a uthority shall act, so far as may be, on business principles-authority to act on business principles chapter iii^5 p roperty and contracts11, the central g overnm ent may, from tim e to time, by notification, in the official gazette, vest in, or entrust to, the a uthority, such nationcl highw ay or ^ y stretch thereof as m ay be specified in such notificationpower of the central government to vest or entrust anynational highway ix> the authoritv12- (1) o n and from the d ate of publication of the notification under section 11,— ^transfer of assets and liabilities of the central govenudmc to the authority(a) all debts, obligations and liabilities incurred, all contracts entered into and all m atters and things engaged to be dons by, w ith, or for, the c entral g overnm ent im m ediately before such date for 5 or in connection w ith the purposes of any national highw ay or any stretch thereof vested in, or entrusted to, the a uthority under th at section, shall be deem ed to have been incurred, entered into and engaged to be done by, w ith, or for, the a uthority;(b ) all notn-recurring expenditure incurred by or for the central government for or in cannection with the purpdses of any national highway or any stretch thereof, so vested in, or entrusted to, the authority, up to such date and declared to be capital expenditure by the central government shall, subject to such terms and conditions as may be prescribed, be treated as capital provided by the central 15 govenmient to the authority ^ <(c) all sums of m oney due to the c entral gk)vemment in relation to any national highw ay or any stretch thereof, so vested in, or entrusted to, the a uthority im m ediately before such date shall be deem ed to be due tc the a uthority; 2o(d) >all suits and other legal proceedings instituted or which could have been instituted by or against the c entral g overnm ent im m ediately before such date for any m atter in relation to such national highw ay or anty stretch thereof m ay be continued or institu ted by o r against the a uthority ' 25(2) if any dispute arises as to w hich of the assets, rights or liabilities of the c entral g overnm ent have been transferred to the a uthority, such dispute shall be decided by the c entral g overnm ent13 a ny land required b|y the a uthority for discharging its functions under this a ct shall be deemed to be land needed for a public purpose and 3q such land m ay be acquired for the a uthority under the provisions of the l and a cquisition act, 1894 or of any other corresponding law for the tim e being in forcegompul-boryacquisition of land for the authoritycontractsby the authority14 subject to the provisions of section 15, the a uthority shall be com petent to enter into and perform any contract necessary for the dis- 35 charge of its fim ctions under this act 15 (1) every contract shall, on behalf of the a uthority, be m ade by the c hairm an or such other m em ber or such officer of the a uthority as m ay be generally or specially em pow ered in this behalf by the a uthority and such contracts or classes of contracts as may be specified in the 4q regulations shall be sealed w ith the common seal of the a uthority: 1mode ofexecutingcontractson behalfof the authorityprovided th at no contract exceeding such value or am ount as the c entral g overnm ent m ay pres-cribe in this behalf shall be m ade unless it has been previously approved by th at governm ent:provided fu rth er th at no contract for the acquisition or sale of imm ovable property or for the lease of any such propertfy for a term exceeding th irty years and no other contract exceeding such value or am oim t as the c entral g overnm ent m ay prescribe in this behalf shall be m ade unless it has been previously approved by th at governm ent(2) subject to the provisions of sub-sectiqin (j), th e form and m anner in w hich any co n tract d iall be m ade under this act shall be such as m ay be provided by regulations(3) no contract w hich is not in accordance w ith the provisiong of s this a ct and th e regulations shall be binding on the a uthority chapter iv f unctions op the a uthorityfunctions of the auttiority16 (1) subject to the rules m ade by th e c entral g overnm ent in this behalf, it shall be th e function of the a uthority to develop, m aintain and 10 m anage the national highw ays and any other highways vested in, or entrusted to, it by th e g overnm ent(2 ) w ithout prejudice to the generality of the provisions contained in sub-section (i), th e a uthority may, for the discharge of its functions—(a) survey, develop, m aintain and m anage highw ays vested in, or entrusted to, it;15(b) construct offices or workshops and establish and m aintain hotels, motels, restaurants and rest-room s at or near th e highw ays vested in, or entrusted to, it;(c) construct residential buildings and townships for its em ployees;20(d) regulate and control the plying of vehicles on the highway vested in, or entrusted to, it for the proper managememt thereof;25(e) develop and provide consultancy and construction services in india and abroad and carry on research activities in relation to the developm ent, m aintenance and m anagem ent of highways or any facilities thereat;(f) provide such facilities and am enities for the users of th e highw ays vested in, or entrusted to, it as are, in the opinion of th e a uthority, necessary for the sm ooth flow of traffic on such highways;30(g) form one or m ore companies, under the companies act, 1956 to fu rth er the efficient discharge of the functions imposed on it by this act;(h) engage, or entrust any of its functions to, any corporation of body corporate owned or controlled by the g overnm ent;35(i) advise the c entral g overnm ent on m atters relating t(» highways;(j) assist, on such term s and cond|itions as m ay be m utually agreed upon, any state g overnm ent in the form ulation and imptem entation of schemes for highw ay developm ent;40(k) collect fees on behalf of th e c entral g overnm ent for services or benefits rendered under section 7 of the national highways act, 1956, as am ended from tim e to time, and such, other fees on behalf of the s tate g overnm ents on such term s and conditions as m ay be , specified by such state governm ents; and(i) take all such steps as m ay be necessary or convenient for, or m ay be incidental to, th e exercise of any pow er or the discharge of any function conferred or im posed on it by this a ct(5) n othing contained in this section shall be construed as—(o) authorising th e disregard by the a uthority of any law for the tim e being in force; or(b) authorising any person to institute any proceeding in respect of a duty or liability to w hich th e a uthority or its officers or other employees w ould not otherw ise be subject under this act chapter v f inance, accounts and audit17 t he c entral g overnm ent m ay, after due appropriation m ade by parliam ent by law in this b eh a lf provide to the a uthority grants and loans of such sums of m oney as th a t g overnm ent m ay consider necessarygrants and loans by the central govemment18 (1) t here shall be constituted a fund to be called th e n ational j 5 highways a uthority of india fund and th ere shall be credited thereto—fund of the authority(a) any grant or aid i'eceived by the a uthority;(b) any loan taken by the a uthority or any borrow ings m ade by it;(c) any other sums received by the a uthority20(2) the fund shall be utilised for m eeting-(a) expenses of the a uthority in the discharge of its functions having regard to th e purposes for w hich such grants, loans or borrow ings are received and for m atters connected therew ith or incidental thereto; ' 25(b) salary, allowances, other remimeraition and facilities provided to the m em bers, officers and other employees of the a uthority;(c) expenses on objects and for purposes authorised by this act■udget19 the a uthority shall prepare in such form an i a t such tim e in each financial year as m ay be prescribed, its budget for the n ext financial year, showing the estim ated receipts and expenditure of the a uthority and forw ard the same to the c entral g overnm ent20 the a uthority m ay invest its funds (including any reserve fimd) in the securities of the c entral grovemment or in such other m anner as m ay be prescribed 35investment f fundsborrowing powers of the authority,21 (1) the a uthority may, w ith the consent of the c entral g overnm ent or in accordance w ith the term s of any general or special authority given to it by the c entral g overnm ent, borrow m oney from any source by the issue of bonds, debentures or such other instrum ents as it m ay deem fit for discharging all or amy of its functions under this act(2) subject to such lim its as the c entral g overnm ent may, from tim e to tim e, lay down, the a uthority m ay borrow tem porarily by way of overdraft or otherw ise, such am ounts as it may require for discharging its functions under this act ,5 (3) the central government may guarantee in such manner as itthinks fit the repayment of the principal and the payment of interest thereon with respect to the borrowings made by the authority under subsection (i)annualreport22 the a uthority shall prepare, in such form and at such tim e in each10 financial year as m ay be prescribed, its annual report, giving a full account of its activities during the previous financial year, and subm it a copy thereof to the c entral g overnm entaccounls andaudit23 the accounts of the a uthority shall be m aintained and audited in such m anner as may, in consultation w ith the com ptroller and a uditor g eneral of india, be prescribed and the a uthority shall furnish, to the c entral governm ent, before such date as m ay be prescribed, its audited copy of accounts together w ith the auditor's report thereon24 t he c entral g overnm ent shall cause the annual report and audito r's report to be laid, as soon as may be after they are received, before20 each house of parliam entannualreport andauditor's report to be laid before parliament chapter vi m iscellaneousdelegation of powers25 the a uthority may, by general or special order in writing, delegate to the chairm an or any other m em ber or to any officer of the au- 25 thority, subject to such conditions and limitations, if any, as m ay be specified in the order, such of its powers and functions under this act (except its powers under section 3&) as it m ay deem necessary26 a ll orders, decisions and other instrum ents of the a uthority shall be authenticated by the signature of the chairm an or any other mem- 30 ber or any officer of the a uthority authorised by it in this behalfauthentication of orders and other instruments of the authority27 all m embers, officers and employees of the a uthority 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 public servants w ithin the m eaning of section 21 of the indian p enal codeemployees of the authority to be public servants35 28 (1) no suit, prosecution or other legal proceeding shall lieagainst the a uthority or any m em ber or any officer or any employee of the a uthority for anything w hich is in good faith done or intended protection of action taken in good faithto be done under this act or the rules or regulations m ade thereunder(2) no suit, prosecution or other legal proceeding shall lie' agdinst th^ a uthority or any m em ber or any officer or any em ployee of the a uthority for any dam age caused or likely to be caused by anything w hich is in good faith done or intended to be done under this a ct or the rules or regulations m ade thereunder 529 the a uthority m ay undertake to carry out on behalf of the governm ent, or any local authority any w orks or services or any clasb of w orks or services on such term s and conditions as m ay be agreed upon betw een the a uthority and the g overnm ent or local authority concernedpower of the authority to undertake certain workfpower to enter30 subject to any regulations m ade in this behalf any person, gene- 10 rally or specially authorised by th e a uthority in this behalf, m ay, w henever it is necessary so to do for any of the purposes of this act, at all reasonable times, enter upon any land or premises, and—(a) m ake any inspection, survey, m easurem ent, valuation or enquiry 15(b) take levels; (c) dig or bore into sub-soil;(d) set out boundaries and intended lines of w ork;(e) m ark such levels, boundaries and lines by placing m arks and cutting trenches; or i 20(f) do such other acts or things as m ay be prescribed;provided th at no such person shall enter any boundary or any enclosed court or garden attached to a dw elling house (except w ith the consent of the occupier thereof) w ithout previously giving such occupier at least tw enty-four hours' notice in w riting of his intention to do so 2531 (1) if, at any time, the c entral g overnm ent is of opinion th at in the public interest it is necessary or expedient so to do, it m ay, by ordex, dixect the a uthority to entrust the developm ent, m aintenance or m anagem ent of any national highw ay or a part thereof w ith effect from such date and for such period and to such person as m ay be specified in the order 3q and the a uthority shall be bound to comply w ith such directionpower of the central govern, ment to temporarily divest the authority of the management of any national highway(2) w here developm ent, m aintenance or m anagem ent of any national highw ay or part thereof is entrusted to any person specified under subsection (1) (hereafter in this section referred to as the authorised person), the a uthority shall cease to exercise and discharge all its pow ers 35 and functions under this act in relation to such national highw ay or part thereof and such powers and functions shall be exercised and discharged by the authorised person in accordance w ith the instructions, if any, w hich the central governm ent may give to the authorised person from tim e to tim e: i 40pro\dded th at no such power or function as m ay be specified by the central g overnm ent by a general or special order shall be exercised or discharged by the authorised person except w ith the previous sanction of the c entral governm ent(3) the c entral goyernm ent m ay reduce or extend the period m entioned in sub-section (i) as it considers necessary(4) during the operation of an order made under sub-section (2), it shall iae com petent for the c entral g overnm ent to issue, from tim e to tim e, such directions to the a uthority as are necessary to enable the authorised person to exercise the powers and discharge the functions of 5 th e a uthority under this act in relation to the national highw ay or part thereof, the m anagem ent of which has been entrusted to him and in particular, to transfer any sum of money from the fund of the a uthority to tiie authorised person for the m anagem ent of the national highw ay or p art thereof and every such direction shall be complied w ith by the10 authority ' !(5) on the cesser of operation of any order made under sub-section(1) in relation to any national highw ay or part thereof, the authorised person shall cease to exercise and perform the powers and functions of the a uthority under this act in relation to such national highw ay or15 p art thereof and the a uthority shall continue to exercise and perform such pow ers and functions in accordance w ith the provisions of this act(6) on the cesser of operation of any order made under sub-section(1) in relation to any national highw ay or part thereof, the authorised person shall hand over to the a uthority any property (including any sum20 of m oney or other asset) rem aining w ith him in connection w ith the m anagem ent of such national highw ay or pai^t thereof32 (2) if, at any time, the c entral g overnm ent is of opinion—(a) th at on account of a grave em ergency the a uthority is u n able to discharge the functions and duties imposed on it by or under25 the provisions of this act; or power of the central government to supersede the authority(b) th at the a uthority has persistently m ade default in complying w ith any direction issued by the c entral g overnm ent under this a ct or in the discharge of the functions and duties imposed on it by or under the provisions of this act; or30 (c) th at circum stances exist which render it necessary in thepublic in terest go to do, the c entral g overnm ent may, by natification in the official gazette, supersede the a uthority for such period, not exceeding one year, as m ay be specified in the notification:35 provided th at before issuing a notification under this sub-section for the reasons m entioned in clause (l>), the c entral g overnm ent shall give a reasonable opportunity to the a uthority to show cause w hy it should not be superseded and shall consider the explanations and objections, if any, of the a uthority40 (2) upon^the publication of a notificationsuperseding the a uthority,—under sub-section (1)(a) all the m em bers shall, as from the date of supersession, vacate their offices as such;45(b) all the powers, functions and duties which may, or under the provisions of this act, be exercised or discharged by or on behalf of the a uthority, shall, until the a uthority is reconstituted xmder sub-section (3), be exercised and discharged by such persoi) or persons as the c entral g overnm ent m ay direct;(c) all property ov^ned qt controlled by the a uthority shall, u ntil the a uthority is reconstituted under sub-section (3), vest in the c entral g overnm ent\3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), th e c entral g overnm ent m ay— 5(a) extend the period of supersession for such fu rth er term , not exceeding one year, as it m ay consider necessary; or(b) reconstitute the a uthority by fresh appointm ent and in such a case, any person who vacated office under clause (a) of subsection (2) shall not be deem ed disqualified for appointm ent:provided th at the c entral g overnm ent may, at any tim e before the expiration of the period of supersession w hether 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 c entral g overnm ent shall cause a notification issued under 15 sub-section (1) and a full report of any action taken under this section and the circum stances leading to such action to be l£iid before both houses of p arliam ent as soon as m ay be33 (1) w ithout prejudice to the other provisions of this act, the a uthority shall, in the discharge of its functions and duties im der this 20 act, be bound by such directions on questions of policy as the c entral g overnm ent m ay give to it in w riting from tim e to timepower of the central government to issue directions(2 ) the decision of the c entral g overnm ent w hether a question is one of policy or not shall be final34 (1) the c entral g overnm ent may, by notification in the official 25 gazette, m ake rules for carrying out the provisions of this a c t(2) in particular, and w ithout prejudice to the generality of the foregoing power, such rules may provide for—power of the central government to make rulei(a) the term of office and other conditions qf service of the m em bers; 30(b) the powers and duties of the c hairm an and of the m em bers;(c) the term s and conditions subject to w hich the nonrecurring expenditure incurred by or for the c entral g overnm ent for or in connection w ith the purposes of any national highw ay shall be treated as capital provided by the c entral g overnm ent to the 35 a uthority under clause (b) of sub-section (1) of section 12;(d) the value or am ount required to be prescribed under subsection (1) of section 15;(e) the form in which and the tim e w ithin which the a uthority shall prepare its budget under section 19 and its annual report under section 22;(f) the m anner in w hich the a uthority may invest its funds under section 20;(g) the m anner in w hich the accounts of the a uthority shall be m aintained and audited and the date before which the audited copy of the accounts together w ith the auditor's report thereon shall be furnished to the c entral governm ent under section 23;(h) the conditions and restrictions w ith respect to the exercise of the power to enter ^ander section 30 and the m atters referred to in clause (f) of th at section; and(i) any other m atter w^ 'ch is required to be, or prescribedmay be,10 35 (1) the a uthority may, by notification in the official gazette, m ake regulations not inconsistent w ith this act and the rules made thereunder to caxry out the provisions of this actpower of the authority to make regulations(2) in particular, and w ithout prejudice to the generality of the foregoing power, such regulations m ay provide for all or any of the follow- 15 ing m atters, nam ely: —(a) the tim es and places of the m eetings of the a uthority and the procedure to be followed for the transaction of business at such m eetings;20(b) the term s and conditions of service, m ethod of recruitm ent and the rem uneration of officers and other employees appointed by the a uthority;(c) the form and m anner in which a contract or class of contracts m ay be m ade by the a uthority and the contracts or classes of contracts which are to be sealed w ith the common seal of the authority;25(d) the m atm er of preventing obstructions on the national highways for their norm al functioning;(c) the m anner of prohibiting the parking or w aiting of any vehicle or carriage on the national highw ay except at places specified by the a uthority; r30(f) the m anner of prohibiting or restricting access to any part of the national highway;(g) the m anner of regulating or restricting advertisem ents on and around national highways; and35(h) generally for the' efficient and m anagem ent of the national highwaysproper m aintenance and36 (1) if any difficulty arises in giving effect to the provisions of this po^gr to act, the central g overnm ent may, by notification in the official gazette, remove m ake order not inconsistent withi th^provisions of this act as may appear difficulties, to it to be necessary or expedient for the removal of the difficulty:40provided that no such order shall be made after the expiration of two years from the commencement of this act(2) every order m ade under this section shall be laid, as soon as may be after it is made, before each house of parliam entrules and regulations to be laid before parliament37 ^very ru le and every regulation m ade under this a ct shall be laid, as soon as m ay be after it is made, before each house of parlia-j m ent, w hile it is in session, for a total period of th irty days w hich m ay be com prised in one session or in tw o or m ore si'ccessive sessions, and if,' before the expiry of the session im m ediately following the session or 5 the successive sessions aforesaid, both houses agree in m aking any modification in the rule or regulation or both houses agree th at the ru le o r regulation should not be m ade, the rule or regulation shall th ereafter have effect only in such modified form or be of no effect, as th e case m ay be; so, how ever, that any such modification or annulm ent shall 10 be w ithout prejudice to the validity of anything previously done under th a t rule or regulation ' j t he developm ent and m aintenance of national highw ays is fully flraanced by th« c entral g overnm ent as this function comes w ithin entry 33 of the union list of the seventh schedule to the constitution further, section 5 of the n ational highways act, 1956 provides th at the c entral g overnm ent m ay direct th at any function in relation to the developm ent or m aintenance of national highw ays shall also be exercisable, among! others, by any officer or authority subordinate to the c entral government u nder this provision, the function of execution of th© field activities including survey, investigations and preparation of projects on m tio n al highways have been delegated to the respective state governments, the c entral g overnm ent retaining the activities pertaining to planning, approval of design and estim ates, m onitoring, etc this system is commonly know n as the 'agency system ' since the s tate governments are paid 'agency charges' incurred by them on works executed on the national highway system2 though the 'agency system ' of execution of national highway works by the state public w orks d epartm ents has been functioning for a period of about 40 years, difficulties have been experienced from tim e to time3 since the c entral g overnm ent have no direct adm inistrative control over the executive agency, there have been instances w hen the central g overnm ent had to rem ain helpless in case a state governm ent overlooked the acts of omission or commission on the part of its staff engaged in the construction and m aintenance of national highways this has resulted in anomalous situations w here the c entral governm ent, being constitutionally responsible for the developm ent and m aintenance of national highways had to defend actions of state governmennts in various forum s, including parliam ent similarly, the c entre generally has no role in fixation and operation of even m ajor contracts, arbitration cases, paym ent of com pensation to contractors, etc-, over and above the original contract am ounts and other item s resulting in direct financial commitm ent of central funds4 u nder the circumstances, the only alternative is for the centre to take over developm ent and m aintenance of the national highway system through the creation of an autonomous national highways authority- it is proposed th a t this a uthority should take over, in a phased manner, the functions presently being perform ed by the state public works d epartm ents !5 the m ain functions of the a uthority would be to develop and m aintain national highw ays whose m anagem ent and operation is vested in the central governm entsome of the salient features of the bill are: —(0) the a uthority, w hich w ill be a functional body, w ill consist of a c hairm an and not m ore than five full-tim e m em bers to be appointed b|y the c entral g overnm ent the c entral g overnm ent m ay also appoint not m ore than four part-tim e m em bers;(b) the c entral g overnm ent is being em pow ered to vest in, or entrust to, the a uthority such national highw ays or any stretch th ere of, as are vested a t present in th a t g overnm ent im der section 4 of the n ational h ighw ays act, 1956;(c) any land required by the a uthority for discharging its functions w ill be deem ed to be land needed for a public purpose and such land m ay be acquired for the a uthority under the provisions of th e l and a cquisition act, 1894 or any corresponding law for the tim e being in force; i(d) the a uthority w ill have pow ers to enter into and perform any contract up to a certain value w hich will be prescribed by the c entral g overnm ent;(e) the c entral gk)vernment w ill provide funds to the a uthority for the discharge of its functions;(f) the a uthority w ill be responsible for the developm ent, m aintenance and m anagem ent of th e national higliways w hich are vested in it by the c entral g overnm ent;(g) the a uthority w ill construct offices, w orkshops and residential buildings for its employees and construct way-side am enities near the national highw ays vested in it;(h) the a uthority will, on behalf of the g overnm ent, be em pow ered to couect fees for services or bemefits rendered by it under section 7 of the n ational h ighways act, 1956;(1) for the proper m anagem ent of highw ays, the a uthority w ill regulate and control the plying of vehicles on the highw ays vested in it;(j) w ith the approval of the c entral g overnm ent, the a uthority w ill raise funds through the floating of bonds, issue of debentures, etcthe biu seeks to achieve the above objectsnew d elh i; r a jesh pilo tthe 27th october, 1988clause 3 of the bill provides for the constitution of a national highways a uthority of india clause 4 provides for th e term of office other conditions of service of m em bers of the a uthority, clause 9 provides for appointm ent of oiiicers, advisers and consultants for assisting th e a uthority clause 12(1) (b) provides that the non-recurring expendi ture incurred by or for the c entral g overnm ent for or in connection w ith the purposes of any national highway or any stretch thereof vested in the a uthority be treated as capital provided by the central g overnm ent to the a uthority clause 13 provides for compulsory acquisition of land required by the a uthority under the provisions of the land acquisition act, 1894, or of any other corresponding law for the time being in force clavise 18 provides for the constitution of the n ational higiivvays a uthority of india fund, w hich w ill consist of any grant or aid received by the a uthority, any loan taken by the a uthority, or any borrow ings m ade by it and any other sums received by the a uthority clause 23 of the bill provides th at the accounts of the a uthority shall be m aintained and audited in such m anner as m ay be prescribed in consultation w ith the com ptroller and a uditor g eneral of india2 a t present, the task of developm ent and m aintenance of national highw ays is entrusted to the respective state governm ents on an agency basis and m atters relating to planning, approval of designs and estimates, allocation of funds, m onitoring and other policy m atters are the responsibility of the m inistry of surface t ransport in the c entral governm ent it is proposed to take over in a phased m anner, the functions which are being perform ed by the state g overnm ents on behalf of the central governm ent and entrust them to the n ational highways a uthority of india- the entire capital cost for the developm ent of national highways £ts w ell as the cost of their m aintenance w ill be borne by the c entral g overnm ent, as a t present d uring the year 1988-89, there is a budget provision of rs 37460 crores for the developm ental w orks of national highw ays and rs 11750 crores for the m aintenance of these h i^ w a y s some of the moneys presently allocated for th e development, m aintenance, etc, of national highways will be transferred to the a uthority as and w hen the need arises?j tjie state governm ents who have been perform ing ihe task of daytiiday m anagem ent of national highw ays are being paid 'agency charges' at the rate of 9 per cent, of the worlv costs by the c entral governm ent from their plan resources e ntrusting of the functions to the national h ighw ays a uthority will not thus result in any additional recurring expenditure and it will be w ithin the 'agency charges' being paid to the state governments4 some budgetary support for capital expenditure tow ards office space, furniture, transport, etc, w ill have to be provided5 sub-clause (3) of clause 21 of the bill provides for the guarantees by the c entral g overnm ent on the repaym ent of the principal and the paym ent of interest in respect of the borrowings m ade by the authority under sub-clause (1) of that clause the ultim ate liability arising out of such guarantees, if any, cannot be estim ated at this stage6 the bill, if enacted and brought into operation, will not involve a'ly other rccurring or non-recurring expenditureclause 34 of the bill em pow ers the c entral g overnm ent to m ake rules for carrying out th e provisions thereof the various m atters in relation to w hich rules m ay be m ade have been detailed in sub-clause (2) of th at clause t hese m atters, inter alia, relate to the term of office and other conditions of service of the m em bers of the a uthority including its c hairm an; the pow ers and duties of the c hairm an and m em bers of the a athority; the value or am ount of the contracts w hich the a uthority can enter inco w ithout the previous approval of the c entral g overnm ent; the term s and conditions subject to w hich non-recurring expenditure by or for the c entral g overnm ent for or in connection w ith the purposes of any national highw ay shall be treated as capital provided by the c entral g overnm ent to the a uthority; th e form in w hich and the tim e w ithin w hich the a uthority m ay prepare its budget and annual report; the m anner in w hich the aocounts of the a uthority shall be m aintained and audited, etc2 clause 35 of th e bill em powers the a uthority to m ake regulations, not inconsistent w ith the a ct and th e rules m ade thereunder, for carrying out th e provisions thereof the various m atters in relation to which th e a uthority m ay m ake regulations have been detailed in sub-clause (2) of th a t clause these m atters, inter alia, relate to the tim es and places of th e m eetings of the a uthority and the procedure to be follow ed for th e transaction of business at such m eetings; th e term s and conditions of service, th e m ethod of recruitm ent and th e rem uneration of officers and other em ployees appointed by the a uthority; the form and m anner in w hich contracts or classes of contracts are to be sealed w ith th e common seal of the a uthority; the m anner of preventing obstructions: on the national highw ays; the m anner of prohibiting the parking or w aiting of any vehicle or carriage on national highw ays except at places specified by the a uthority; the m anner of regulating or restricting advertisem ents on and around the highw ays etc3 clause 36 of the bill em powers the c entral g overnm ent to make, by notification in the official gazette, an order, not incon^stent w ith the provisions of the act, as may appear to it to be necessary or expedient for the rem oval of the difficulty w hich m ay arise in giving effect to the provisions of the act it also provides th at no such order shall be m ade after the expiry of tw o years from the com m encem ent of the act and th a t every such order shall be laid before each house of parliam ent,, 4 the m atters in relation to which rules or regulations m ay be m ade are m atters of adm inistrative detail and procedure and it is difficult to provide for the same in the bill itself the delegation of legislative ^o'i«rer'is,;t>berefore, of a norm al character a billto provide for the constitution of an a uthority for the developm ent, m aintenance and m anagem ent of national highw ays and for m atters connected therew ith or incidental thereto(sfiri rajesh pilot, minister of state of the m inistry of surface transport) | Parliament_bills | db2baf1f-854e-5bac-9c29-2b4eb0fd5ac6 |
bui no ii of 1977 tae delhi administration (amendment) bil~, 1977 a bill to amend the delhi administration act, 1966be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the delhi administration (amendment) short act, 1977 title 19 of 1966 s 2 in section 10 of the delhi administration act, 1966 (hereinafter amendreferred to as the principal act), after the existing proviso, the followment of 10 tng proviso shall be inserted, namely: -section 'provided further that the provisions of this sectlon shau, in 10 relatlon to the metropolitan council in existence on the 7th day of february, 1977, apply as if for the words "five years", in the two places where they occur, the words "five years and four months" had been substituted' 6 of 1977 3 (1) the delhi administration (amendment) ordinance, 1m is repeal hereby repealed and saving is (2) notwithstanding such repeal, the metropolitan council of delhi (tn existence on the 7th day of february, 1977) continued from the 20th day of march, 1977 till the date of commencement of this act (both inclusive), under section 10 of the principal act as amended by the said ordinance" shall be deemed to have been continued under the said sec-20 tion 10 as amended by this act, as if this act had come into force on the 7th day of february, 1977 statement of objects and reasonsthe delhi administration act, 1966 was amended by the delhi administration (amendment) ordinance, 1977 with a view to provide for the extension of duration of the metropolitan council of delhi from five years to six years the ordinance also amended the act to bring the act in line with certain amendments made in the constitution by the constitution (forty-second amendment) act, 1976 2 it is now considered by the government that the act r,eed be amended only for the purpese of extending the duration of the existing metropolitan council of delhi for a period of four months beyond its normal tenn of five years 3 the bill seeks to achieve the above objective and fo repeal the ordinance aforesaid charan singh new di:uu; the 3n1 april, 1977 " ~ the oonstitut1on (forty-seoond am~n3ment) lct~ '197g i;te~ ej,~, made-the :rollowi~ amendments in the const1tution o provl e ,that -" (a) the duore,tio'n of state ~legisl~ti va 4ssembl1es shau"=1os8,,8qomr-d1nolwd; be~s1% ,ears," " '(1)) the extent of assembly consti tueneies and the eeservation of seats for sched'lled, castes and ~cheduled tribes, as det9ntl1nad on'the basis of the 1971 census, shajl be fro ze n t~l'l ~e year, 2001; ,,"~,' (0) the question as to, whether '8 member of a llouse of the legislature of a stat,s has beoome subjeqt to any disqucli:f'1cat1on, shall be decided' 'e¥ the president arte r oonsul t:trig the bteet10n commission \\bieh is empowered to hold an inquiry 1l;l t~1 s behel f; '(d) ix) court or other, author! ty shall, be, entitled'-' to require the produotion ot the r\lles ,made' tor the ' more conventent transaction of the business of the' government of the, state 2 the 'pjovisions mentioned above' wel'e rp,:,lie'd to the 'un:l6n terri tory of delhi by ameming 1he belh1 administration ! ct, 1966 by the delhi adminlstration (ljile ndme ii;) 0 rdi nance, le71 3 it is ~ considred' by til gow1'l1ment that the delhi \dlunistration act need, be emended on1y tor the purpose of extendi~ the dura,tioll of the exj,st1ng' m~tropo11ten council of delhi for a period ot f'our months be~nd its inrmalte im of f1 ve years acco~1ngly, the bill makes neces'3~ry provision only for :this purpose and the ct:jer provis1o~ contained in the ord1nenoe are not being lncl~ded in the bill (u~ or 1966)duration of metropoll council 10 the metropolitan council, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the metropolitan council: provided that the said perjod may, while a proclamation 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 a time and not extending in 'any case beyond a period of six months after the proclamation has ceased to operate "1 "r a billto amencl the delhi administration act, 1966 (shri charan singh, minister of home affairs) | Parliament_bills | 281180d5-e281-5bf7-85b4-f7c7cd44acc9 |
to thb pgnj'ab munioipal (deuii amndment) bill, 1966 (to b~/a;1 'introduced in lok sibhaj 1 - page 2, line 3',-!gj: "world" ~ ",em" , 2 page 2, line 7,-after tlfigllrer" ~_"," 3 page 5, line 2,-,aft€) r lite) ii ~mis rl "," 4 page 6, lin~ '7," fqr 'act' ~ 'act"' 5 page 7, -(i) in line t; ~ter "clause (k)" insert "of" (ii) in line ':, ~'ter "(i)" inae rt " ii , "metal" p 9 l ' 2 ,,''1'" ""'e alit age , ' - me ,- ! 7 page (i) in line , ~r "co metica" ~ itooametics" 10 -, (ii) in line 2' for it ( xxiii) it ~ ,,( xxxiii) " 8, page 11,-(i) in line " t;r "(tti)" ~ "(xlvi)" (ii) in line ~ ;;,; "(xi-t)" ~ "(xlvii)" page 14, line q-9 !g,[- it (gunry-b~ ~oth)n , read " (gunny-bag 'ojoth) ii 10, page 15,-ow line 14 ~ "lands ~! bui14lng8 from 12t per cent to 20 per ~t o~ the" pt/ 11 " page 20,-(i) in line 7, for "appeallant" rem tlappellan~" 1 ine -1-5'," , '-' ~- read "necessary" l (iii) in line' 13 from the bott-oi!l, l,gj:: ttmanufa¢~tory, " : ' ' , • ;: " page 21, line 9,-" , for "neighourhood, ti read ','tne1ghbourliood, ti new delhi; 1"'- , -,' ~ : : bw n~ '5 of rtu t tim punjab municipal (delhi amendment) bill 1966 a billto amend the pun;ab municipal act, 1911, as in force in new delhi be it enacted by parliament in the seventeenth year of the "'!r"-uu,," of india as follows:-this act may be called the punjab municipal (ljelhi sbon ) ~~ mendirneillt act, 1966 commence "ment (2) it shall come into force on such date as the central governby notification in the official gazette, appoint, and "diffemay be appointed for different provisions of this at: '-in this act, "new delhi" has the meaning assigned to it in 1leftdiuon - (32) of section 2 of the delhi municipal corporation act, amendment qf section 2 3 in section 2 of the punjab municipal act, 1911, as in force in new delhi (hereafter in this act referred to as the principal act), in sub-section (1), for the words "the schedule", the world and figure "schedule i" shall ·be substituted 4 in se~tion 33 of the principal act, in sub-section (1),-amendmentof section 33 (a) in clause (a) ,-e) for the figures "119, 122", the figures, "119, 121~ 122" shall be substituted; (ii) for the figures and letter "191, 195-a", the figures and letter "191, 195, 1oo-a" shall be substituted; and 10 , (b) in clause (d), for the words, figures and letter "under section 195-a and under section 195, except to the extent that composition under that'section shall require the sanction of the committee", the words, figures and letter "under sections 195 and 195-a" shall be substituted amend-5 in section 43 of the principal act, for sub-section (2), the folment of lowing sub-section shall be substituted, namely:-section 43 "(2) the committee may provide by bye-laws consistent with this act and with the1'ules, 'for provident fund, pension, gratuity, leave of absence and other conditions of service of the officers and servants of the committee nof ·being persons in the service of the government" _~'i;, ~idsertton 6 after section 53 of the principal act, the following section be inserted, namely:-"53a the members of the committee, not being salaried servants of the government, may be paid out of the municipal fund such allowances, if any, as may be fixed by the state ernment in this behalf" ~of:new seetion 53a payment of allowancesto non-ofd-cialmembers out ofmunicipal fund amend-7 in section 61 of the principal act, in clause (a) of " _i"[ui ment of (1), for" sub-clause (i), the following sub-clause shall be 8ecfij)n 11 namely: __ "(i) not less than ten and not more than twenty per cent the annual value;" 8 in section 67 of the principal act, in sub-section (1), 'for the amend words "or by inserting any property which ought to have been or ment of ought to be inserted", the words "or by omitting the name of any section 67 person whose name ought not to have been inserted or by altering 5 the entries in respect of any property whereon any building has been erected or re-erected after the preparation of the li~t or by inserting any property which ought to have been or ought to be inserted" shall be substituted 9 in section 72 of the principal act, in sub-section (2) '- amend-10 1'" ~, ,0 (a) in ~lause (c), for the words "by fire or otherwise", the ~e:~~~f72 words "by order of the committee or by fire or otherwise" shall be substituted; (b) the following proviso shall be inserted at the end, namely:-' "provided that in the case of any su,ch demolition or destruction otherwise than by order of the committee, the owner shall give notice thereof in writidg to the committee and no period prior to the date of such notice slulll ·be taken into account in granting any remission in respect of such property under this sub-section" lo in section 85 of the principal act, in sub-section (2), for the amend-"all other municipal taxes", the words and brackets "all the me~t of taxes (including the amount, if any, in dispute in the section 85 " shall be substituted in section fi1 of the principal act, in sub-section tl), for the amend-' :"'owner of any building", the word~ "owner or occupier of any m~t ~i· ~~ shall be substituted ~~ ~ :'~~~~ \ the' principal act, for the heading "dapgei"9us or oft'enstve substitu ::/;·: immediately before section 121 thereof and for tiod of de9i section for section 121, the following heading and section shall section 121 be substituted, namely :- 'trades ijiul occupations(1) no person shall use or permit to be used any pre- premises for any of the following purposes without or otherwise not to be in conformity with the terms of a licence granted ·by the used for in this behalf, namely:-certain purposes without (a) any of the pwposes specified in part i of schedule uj licence (b) any purpose which is, in the opinion of the committee, dangerous to life, health or property or likely to be a nuisance; (c) keeping horses, cattle or other quadruped animals or ibirds for transportation, sale or hire or for sale of the s produce thereof; or (d) storing any of the articles specified in part ii of -schedule ii except for domestic use of any of those articles: provided that the committee may declare that premises in which the aggregate quantity of articles stored for sale 10 does not exceed such quantity as may be prelk:ribed by byelaws in respect of any such articles shall be exempted from theoperatiqn of clause (d) (2) in prescribing the terms of a licence granted und~r this ' section for the use of premises as mills or iton yards or for' similar purposes, the committee may, when it thinks fit, require' the licensee to provide a space ol"·passage within the prem~es for carts for loading and unloading;" purposes -: ' (3) the committee shall fix a scale of f~es ;1:0 be paid respect of premises licensed under sub-section (1): provided that no such fee shall exceed rupees five hundred· (4) whoever uses or permits to he l1sed any preniises any of the purposes referred to in sub-secti(jd (1) in tonl,tt:=:tvfm,,; tion of the provisions of that sub-section 'or oi the terms of \ i i : , - licence ;-jranted under that s1jbsection ~be punishable " fine which may extend to one thousand rupees and in the' of a_ continuing contravention, with an additional fine may extend to one hundred rupees for· every day after the during which the contravention continues ezp14f14tion-for the purposes of this section, means any land or building or any part of a building muriicipality and includes-(a) the garden, ground and out-houses, if any, taining to such building or part 'thereof; and (b) any fittings afiixed to such building or any pad such buildings for the beneficial enjoyment thereot' 13 in section 188 of the principal act, for sub-dause(tj or clau!le amen( (e) the following sub-clauses shall be substituted, namely:-ment ( sectior "(i) for the inspection and proper regulation of encamping 188 grounds, pounds, sarais, dhobi ghats, foodgrain godowds, dispensing chemists' shops, slaughter houses and premises licensed under section 121 for the purposes referred to therein; 10 (ia) for the proper custody and care o'f animals for the keeping of which licences are granted under section 121; (iaa) for the maximum quantity of any articles which may be stored for sale in any premises without obtaining a licence under section 121;" t' ~:' , 14 for 'section 195 of the principal act, the following sectio shall substitl '' be substituted, namely:-tiaa of newse(' tion for section i! "195 (1) where the erection or re-ere"ction of any building order ( has been commenced, or is being carried on, or has been (:omple- demolit ted without or contrary to the sanction referred- to in section and stol 189 or in contravention of any provisions of this act or the rules page of or the bye-iaws, the committee may, in addition to any other!:~:: action that may be taken under this act; make an' order direc- in certai ting that such erection or re-erection shall be demolished ,by the cases an ",' person at whose instance the erection or re-erection has appeal been commenced, or is being carried on, or has been completed, within such period (not being less than five days and more than t1t't',lmlon days from the date on which a copy of the order of ulj;lloll101clid with a -brief statement of reasons therefor has' been ' 1''1'0li0 :1'1 to that person) as may' be specifi~ in the order of provided that no order of demolition shall be made unless person has been given, by means of a notice served in such ilputler as the committee may think fit, a reasonable c)pportunity "showing cause why such order shall nqt be made: provided further that where the erection or re-erection has ;not been completed, the committee may, by the same order or by a separate order, whether made at the time of issue of the iliqllce under the first proviso or at any other time direct the , to stop the erection or re-erection untu the' expiry of the within which an appeal against the order of demolition, lqe may be preferred under sub-aection (~) (2) any, person aggrieved by the order of the committee made under, s!j;b-section (1) may prefer an appeal against the order to the court of the district judge of delhi within the period specified in the order for the demolition of the erection or re-erection to which it relates (3) where an appeal is preferred under sub-section (2) against an ordet of demolition, the court of the district judge may stay the enforcement of that order on such terms, if any, and for such period, as it may think fit: , ~ ' providec1~t, where the erection or re-erection has not been 10 completed at the time of the majring of the order of demolition, no order staying the enforcement of the order of demolition shall be mac;leby the court of the district_ judge unle~ security, sufl\cient ~~tlte ·opinion of the court, has ,been given by the ap-·pellant for' nct proceeding with such erection or re-erection " i~ pending the disposal of the appeal _ -(4) save as provided in this section, no court shall entertain any suit, app1icat~on or other proceeding for injunction or other rellef against the committee to restrain it :from taking any ',' ~ ac~ion o~ making any order in pursuan~ of the provisions of 2~ thls sectlon " ,;, ' (5) ever,y order made ,by the court of the district judge on appeal and subject only to such order, the order of demolition made by the committee shall be finfl and conclusive (6) where' do, appeal has been preferred against an order 01 demolition made ,by the committee under sub-sectiod' (l) ,where the order made by the committee under that ant)-sectlcm has been confirmed on appeal, whether with or without tion, the person against whom the order has ,been made comply with the order within the period specified therein, or the case may lbe, within the period, if any, fixed ·by the court the district judge on appeal and on the failure of the person comply with the order within such period, the committee cause the erecti~n or re-erection to which the order relates be demolished and the expemes of such demolition shall recoverable !rom such person as an arrear of tax under act 15 in section 195a of the principal act, for sub-section (1), following sub-section shall be substituted, namely:-amendmental secuon lna "(1) where the erection or re-erection of any dw~14iiii! been commenced, or is being carried on without or l!orltrlll; the sanction referred to' in sec~on 189 or in contravention o'f any provisions of this act or the rules' or the bye-laws) the committee may, by notice, require the owner or any person at whose instance the erection or re-erection has been commenced, or is 5 being carried on to stop the same forthwithn 16 in section 240 of the principal act, in clause (k) sub-section amend-(i) for the words and figures "and as to the managem~t and m~t ot regulation of provident 'fl:nds established under section 43", the ;:tion words, ,brackets and figures "and as to the regu1ation of pn:wident 10 fund, pension, gratuity, leave, of absence and other ~onditions of service of the officers and servants o'f the committee referred to in r,':, sub-section (2)" of section 43" shall be substituted , 17 in the principal act, the existing schedule shall 'be numbered' idsertiod i~:"~ as schedule i and after schedule i as so numbered, the following of dew' ; ' sehedul ,5 schedule shall be inserted, namely:- ~~ ~r "schedule ii (see section 121) ~~,: ~~ ~ part!;~::: purposes for which premises may not be used without a licence carrying out any of the following trades or operations connected with trades:-1 baking 2 cinematograph films shooting of-3 cinematograph films by any treating ofprocess whatsoever , 4 chillies or masala or corn or seeds grinding of liy mechanical means---1 5 cloth, yarn or leather in indigo or in other colours: dyeing or printing of-,~ 6 cloth or yarn bleaching-7 eating house or acateting est~b1ishment keeping of 'an-8 grain • parching- : -- '~ : 9 ground-nut seeds, tamarind seeds or any other seeds parching-i i 10 hair dressing saloon or a barber's shop keeping of 8--' , 11 hides or skins, whether raw or dried tanning, 5 pressing or packing-12 laundry shop keeping a-13 leather goods manufacturing of by mechanical m~ , , 14 litho press keeping a-10 15 lodging house keeping of a-16 metal casting-17 precious metals refining of -or recovering of them from embroideries-15 18 printing press keeping a-19 sweetmeat shop except in premises already licensed as an eating house keeping-20 carrying on the trade or business' of or any operation connected with the trade of-(i) autoear or autocycle servicing or repairing 20 (ii) blaeksmithy - (iii) coppersmithy , --, (iv) electro-plating (v) glass bevelling (vi) gi~ss cutting (vii) glass polishing (viii) gqldsmithy (be) marble cutting, grinding, dressing or polishing (x) metal (ferrous or non-ferrous or antimony but excluding previous metal) cutting or treating metal by hammering, drilling, 'pressing, filing, polishing, heating or by any other process whatever or assembling parts of me,al (xi) pbotography-studio (xii) ~4iq (wireless receiving set) selling, repairing, servicing or manufacturing (xiii) sllversmithy (xiv) spinning or weaving cotton, silk, art silk, or jute or wool with the aid of power (xv) stone grinding, cutting, dressing or polishing (xvi) timber or wood sawing or cuttmg by mechanical or electric power (xvii) tinsmithy (xviii) washerman's trade (xix) welding of metal by electric, ~ or any process whatsoever 21 manufacturing, parching, packing, pressing, cleaning, cleansing, boiling, meltmg, grinding or pr~parmg by any pr\)cess , 'whatever any of the followwg arud;s:-(i) aerated waters (ii) bakelite goods (iii) bidis (indigenous cigarettes), snuft, cigars or clgarej;tes' - ij, 1 _ i ;" (iv) bitumen (v) blasting powder (vi) bones; (vii) bricks or tiles by hand power (viii) bricks or tiles by mechani::al power (ix) brushes (x) ~andles (xi) catgut , (xii) celluloid >r celluloid goods - ,(xiii) cement concrete designs or mod~ v) charcoal chemicals (xvi) cinematograph films stripping in connection wit! any trade (xvii) co metics or toilet goods (xviii) cotton, cotton refuse, cotton waste, cotton yan silk, silk yarn, silk inclusive of waste yam, art silk, art sill waste, art silk yarn wool or woollen refuse or waste (xix) cotton ~eeds (xx) dammar (xxi) dynamite (ltxii) fat (xxiii) fireworks (xxiv) flax (xxv) ink for pr:nting, writing, stamping, etc (xxvi) gas (xxvii) ghee (xx'viii) glass or glass articles (xxix) gunpowder (xxx) hemp (xxxi) ice (including dry ice) (xxxii) insecticide or disinfectants (xxiii) leather cloth or rexina cloth o~ ~at~r-proof cloth (xxxiv) lime (xxxv) linseed oil (xxxvi) matches for lighting (including beng~l matches) (xxxvii) mattresses ~nd pillows (xxx\'iii) offal (x«i<) oil-cloth (xl) oil other than petroleum (either by mechanics power or by hand power or ghani driven by bullock or ad) other animal) - -j' (xli) pharmaceutical or medical products (xlii) rubber or rubber goods (xliii) paints (xliv) paper or cardboard (xlv) pickers from hides (xvi) pitch (xiv) ~lastic goods (xlviii) pottery 'by hand power (xlix) pqttery by mechanical or any power other than hand power (1) sanitary ware of china-ware (li) soap (iii) sugar (liii) sweetmeat and confectionery goods-(liv) tallow (iv) tar ([vi) varnishes ~ , ~ (1vii) wooden furniture, boxe~, barrels, khokas, or other articles of wood or of plywood cr of sandal wood part iiwhich may not be bt01'ed in any p7'emises without a licence ", 1 asafoetida 4 bidi leaves "s blasting powder t bones bone meal or bone powder ,,~ or celluloid goods 12 charcoal) 13 chemicals, liquid! 14 chemicals, non-liquid 15 ~ hi1lip~ 16 chlorate mixture 17 cinematograph films- non-inflammable or acetate or safety base 18 cloth in pressed bales or boras - 19 cloth or clothes of cotton, wool, silk, art silk, etc 20 coat: 10 21 coco-r:ut fibre! 22 cokej 23 compounrt q''''' stl,:,h as oxy({en gas hydrogen gas, nitrogen e''ls, carbon d~oxide gas, sulphur dioxide gas, chlorine gas, acetylene gas, etc ! 15 ; 24 copra ---, 25 cotton including kahok, surgical cotton and silky cotton -26 cotton refuc;e or waste or cotton yarn refuse or waste 27 cotton seed 28 detonators 29 dry leaves) 30 dynam~te nitro-cellulose paint, r 31 explosive paint such as paint, enamel paint, etc 32 fat 33 felt 34 finsj 35 firewood- 36 fireworks 37 fish (dried) 38 flu; 39 fulminate) 40 fulminate of mercury 41 fulminate of silver 42 gelat!ne! 5 43 gelignite ' -"_ --, 44 grass 45 gun-cotton· 46 gunpowder' '7 gunny bags 48 hair': ~, 49 h~y or fodder ~i ~~: ::;~ olot (gu"ty-b,g cloth) i· " 52 hides (dried) >i""15 53 h!des(raw) ;:3,;':' _, 54 hoofs ~~ 55 homsl f4~i' 56 itleense or esas 57 jute 58 khokas, boxes, barrels furniture or any other article of woodj , 59 lacquer) " 60 leather j 61 matches for lighting (includinl! :renjr-ll mat'!hesl 62 methvlated spirit, denatured sp~rit or french polish 63 nitro-cellulose' 84 nitro-eompound 65 nitro-glycerine 66 nitro-mixture 67 offal 68 oil, other than petroleum - 69 oflseeds including almonds, but e:'jl"cludinr( eotton seeds 70 old paner or waste paper tncludjng old newspapers, l'ej'iodicals, magazlnes, etc i i 11 pact;ng utr (paper cuttinp, busk, " dvlt, etc) 11 paiafl - , , 73 paper other than old paper in pressed bale~ <?r loose or in reams 74 petroleum other than dang?rous petroleum, as defined in t~e petroleum act 1934 ~~~~~ ~ 76 plastic or plastic goods 77 plywood 78~rlfs,"irc·ud:dg small pkces crrrnttir:s (f fitlh, cloth (gunry-beg c1cth), sifk~-;rt s:jk or woollen cloth 79 rosin or dammar battar otherwise known as ral 10 80 safety fuses, fog signals, catridges, etc 81 saltpetre 82 sana~lwood 83 silk waste, or silk yarn waste, art silk waste, or art silk ': yarn waste li 84 sisal fibre ', 85 skins (raw or dried) - ~t 86 straw 87 sulphur 88 tallow 89 tar, pitch, dammar or bitumen 90 tarpauline 91 thinner 92 timber 93 turpentine: 94 varnish 95 wool (raw) 96 yarn other than waste yarn" , ' ~~ 't'" :" , statement of objects and reasons01 a'jgls: 18) 1965, l r~p~y to a s:ar~ed q\les:io 1 il th: vk s~bh~, the important changes contemplated in the municipal organlzation of delhi were indicated by the goveniment it was then ~tated that the taxation powers of the new delhi municipal committee will be brought on a par with those of the municipal corporation or delhi, this bill has ibeen brought forward to give effect to that pcqposal the opportunity is bemg availed of to remove certain la~~,hlae and difficulties which have come to notice in theworking'o= the punjab municipal act, 1911, in its'application to the new delhi' area the important changes sought to be made are as follows:-(1) clause 7 seeks to rai~ethe maximum limit of tax on lr rds a d b • i"'ldirgs l'om i2i per c_n[ to 20 1 er c;rt vf 'h: annual value so as to bring the rate on a par with the maximum rate at which the municipal corpora~ion of delhi can levy prop~rty tax (2) clau:e 8 seeks to enable the committee to amend the assessment list after its final publication, by omitting the name of any person whose name ought not to have been included in the list or iby altering the entries in respect of any property qn wh:ch any building may have befn erected or re-ereced after ~'" the list has been finalised (~) clause 9 of the bill seek: to provide that it shall be :;obligatory on the part of the owner to give information relating to demolltion or removal of any buildings so that claims for ' 'remission of tax on such buildings could be entertained only for the period after the notice has been given (4) the act at present provides that do appfal shall1be en-~ tertained again~t any assessment of tax unl€ss the appellant bas ,-j paid all oth~r taxl;:s du: to th~ comnitee up to the date of such an appeal but does not provide for payment of the amount of tax in dispute in the appeal 'before the appeal is entertained clause 10 makes nec€ssary provisions to cover thisl~cun~ ' (5) at present a water connection can be given by the committee only on an application made by the owner of any iniiiding clause 11 provides for the grant of such coilhectiorls also on an application made by the occupier of any building (6) the provisions of the act in regard to the regulation of the use of premises for certain dangerous or offensive trades have been found to be inadequate to deal with the situation as it now exists clau: e 12 seeks to suitably modify these provi~ sions to enable the committee to deal with the situation effeetivelyi (7) under the act, no action can be taken by the committee in respect of bllldings erected wi thou t proper sanction after the expiry of a period of six months from such erection ciauses 14 and 15 of the bill seek to make provisions for empowering the committee inter 4zici to take action for demolition of such buildings at any time the bill seeks to· achieve the above objects new delhi; glnanda tile 21sl a;;gust, 1966· memorandum regarding delegated legislation section 188 of the punjab municipal act, 1911 provides for matters with respect to which bye-laws may be made clause 13 of the bill seeks to amend this section to provide for making of byelaws (i) for the proper custody and care of animals for the keeping of which licences are granted under section 121, and (ii) for' the maximum quantity of any articles which may be stored for sale in any premises without obtaining a licence under section 121, also section 240 of the act provides for matters with respect to which rules may be made clause 16 of the bill seeks to modify this section so as to provide also for making of rules as to the regulation of ,: pmsion,lrattiity, leave of absence and other conditions of service -of the offi~rs and s~rvants of the committee not _ being persons in th-~ s~rvice of the government ;:': the • b~ftare matters of administrative detail and procedure i::i~a-'th~ dqlegation of legisl~tive power is, there£8re, of ~ ~orm~ r;;:,eha1a~ter -' - it'·~:'''' :~, - \, ~1': ~~1f" " ,-~' -"" (pun act 3 of 1911) •• - • - • repeal 2 '(1) the enactments mentioned in the schedule are hereby repealed to the extent specified in the fourth column thereof - - - - - deieg 33 (1) notwithstanding anything in this act, every committee may, eubject to the provisions of s'ection 46, with the previous sanction of the state government in the case of committees of the first class, and of the commissioner in the case of those of the second class, by resolution, delegate:-tion of c:ertatn ~ ~~ ··,;:':;=t·: tete - , (a) to the pre~ident, a vice-president, the secretary or a su~committ¥ all or any of the powers conferred upon the com miitee by sections 39, 72, 75, 77, 97, 98, 101, 105, 109 (1), 110, 113, i14 tis, lis-a, ii7, 118, 119,122,124,'126,127,128,129, 130, 1~1, 140, 142, 143, 145 (b) and (e), 166, ,169 (e), 170, 170-a (1) and (2), 172 (2), 173, 176, 191, 195-a, 203 to 208 (both iqcqsiv~), a1q, 211, 31a ftnct ~20; - - - - - (d) and to the municipal engineer the powers conferred upon the committee under sectiod 195-a and under section 195-except to tht! extent that composition under that' 'eectiqd ·lheu :{ require the sanction of the committee: -, ~ i': 'in re!pect of all or particular classes of cases arising under these ft' sections, and for the whole or any part of the municipality, and may, by resolution, withdraw the powers so delegated - - - - - pensiolll, leaveallowances and providledt fund, 43 (1) - - - - - , 4 (2) if an officer or servant of a committee is not a person in the ~ service of the government, the committee may, subject to such cod- :; clition a the state government may prescribej 1 8 -(a) grant him leave, ab~entee or acting allowance; and (b) if his pay is less than twenty rupees a month, either permit him to contribute to a provident or annuity fund established under (c) or grant him a gratuity on retirem~nt; and (c) if his pay is over twenty rupees a month established, and maintain a provident or annuity fund, and compel him to contribute ~hereto; - - (d) where such a 'fund has not been established, or where such a fund has 'been established, but he has been contributing thereto for less than the whole of his service, grant him a gratuity or purchase or arrange-for an annuity for him on his retirement i - - - chapter v taxanoni' ii subject to any gen~ral or special orders which' the state gov- taxes ernment may make in this b~half, and to the rules, any committee whicll may, from time to time, for the purposes of this act, and inthe man- ~ay ~ ner directed by this act, impose in the whole or any part of the impo - municipality any of the following taxes, naimely:-(1) (a) a tax payable by the owner, on buildings and lands-(i) not exceeding twelve and-a-half per centum on the annual value; ~r: (11';"(" - ' 4-~ - - - - - , ~ , 17 (1) the committee may at any time amend the list by wert- ~,! 'the name of any person whose baine ougnt ·to have 'been' or ought amenct:-, be inserted or by inserting, any property' which ought -: to have mena of or ought to be inserted, or by altering the :assessment 'on any assesst list-:'';' men 1ilftrl1ap1:v which has been erroneously valued or as~essed through r~u''', accident or mistake, whether on the part of the committee or i the assessee, or in the case of a tax payable by 1he occupier by a _ in the tenancy, after giving notice to any person affected by amendment, of a time, not less than one' month from the date of at which the amendment is to be made - when any such property as aforesaid-(c) is wholly or in greater part demolished or destroyed by fire or otherwise, " ~ ai , limitationof appeal the committee~ay remit such portion (if any) of the tax or instalment as it may think equitab'e - - - - 85, (1) - - - - - - (2) no appeal shall be entertained unless the apppallant has paid all other municipal taxes due from him to the' committee up to the date of such appeal, - - - - - '~ot ,~~to , cdddeeted ,a ~~ 97, (1) the committee may, on application by the owner of any building, arrange for supplying water from the nearest' mair to the same for domestic purposes in such quantities as it deems reasonable, and may at any time limit the amount of water to be so supplied whenever it considers it necesssry - - - - dangerous or offensive trades; ' -wation 121 (1) no place within a municipality shall be used for any of :';i?~ the following pw:poses:-(~~~aa melting tallow, dressing raw hides, boiling bones, offal or blood; ', ,~ as a s()~p liou$e, _oil-boiling house, dyeing house or tannery; as a ~rickfte1d, '-brick-kiln, charcoal-kiln, pottery or lime kiln; as any ot8er manufactutory, engine-house, store-house or place of business frojp which offensive or unwholesome smells, gases, noises or smckes arise; as a yard or depot for trade in unslaked lime, hay, straw, thatching-grass, wood, charcoal or coal or other dangerously inftammable material; as a store-hous (;! for any explosive, or for petrolum or any inftammable oil or spirit; -except under a licence from the committee which shall be renewable annually: provided that no such license shall be necessary in the case of any such premises which were used for any such purposes at the time that the punjab municipal act, 1891, came into force, and were registered under that act and in the case of brickflld, which \\ ere u8!d at the time that this act came into force; but the owner or occupier of the briekftelds so expected shall register the same in a book to, be kept by the committee for the purpose (2) the [cerse s:lall not be withheld u:lless the committee consider that the business which it is intended to establish or maintain wo"ld b! th~ c1us! of ann)yance, offence or dmger to pers)rs {esiding in, or frequenting, the immediate neighourhood, or that the area should be for general reasons kept clear of the establishment of :s1:lch, business (3) the committee may charge any fees according to, a scale to ,be approved by the commissioner for such licenses, and may impose conditions in respect thereof as it may think necessary among conditions it may prescribe that any furnace used in connec-wuh such trade shall, so far as practicable, consume its own , " the owner or occupier of any place registered under sub (1) may apply to have that place licensed under this section any such place has been licensed, the registration of that place thereby be cancelled, and shall not be renewed (~) whoever, without registration or without a license uses any for any such purpose as is specified in this section or in contra-9f the condition of any such license, shall be punishable with may extend to fifty rupees, and with a further fine not ten rupees ~or every dar during which the offence is con chapter x bye lawscommittee may, and shal'l if so required by the state gov- general bye-iaw,-bye-iaw-s - - - - (i) for the inspection and proper regulation of encamp-'ll'ou:-:ds, pounds, snais, bakeries, aerated-water facto-ice factories, dhobis' ghats, ftour mills, food-grain godispensing chemists' ,shops, slaughter-houses, and licensed under section 121 - - - - 195 shou1d a building be begu'l, erected or re-erected-(a) without sanftion as required by section 189 (1); or ftenalty for dis obedience (b) without notice as required by section 189 (2) ; or (c) when sanction has been refused, the committee may by notice delivered to the' owner within six months from the completion of the building, require the 'building to be altered or demolished as it may deem necessary within the period specified in such notice; and should it be be~n or erected-(d) in contravention of the t~rms of any sanction granted; or (e) when the sanction has lapsed; or (i) in contravention of any bye-law made under section 190; or, in the case of a buildjng of which the erection has been deemed to be sanctioned under section 193 (4), if it contravenes any scheme sanctioned under section 192: the committee may by notice to be delivered to the owner six months from the completion of the building require the u,-&luu~iie11 to be altered in such manner as it may deem necessary, within th period specified in such notice: '' ', provided that the committee may, instead of requiring the tion or demolition of any such building, accept by way of cordj)e!ns, tion such sum as it may d~m reaso~ble: provided also that the committee shall require a building to demolished or altered so far as is necessary to avoid contralve:nu of a building scheme drawn up under section 192: provided further that if any notice is issued by the execut officer under this section on the ground that a building has begun or has been erected in contravention of the terms of any tion granted or in contravention of any bye-law made under 190 the person to whom the notice is issued may, within fifteen from the date of service of such notice, appeal to the committee, subject to the provisions of sections 225, 232, and 236, the decisio the committee shall be final power of 195 a (1) where a building is begun as described in 1izpl!ltloj' committee but not completed, the committee may by notice, to be deli to stop the owner within six months from the commencement of the bui] buildinl operationa or from the contravention of the terms of any sanction, or bye-law framed ttnder section 190, as the case may be 1'f!(liu" building operations to be discontinued from the date of the service of such notice - - - - - - 240 (1) the state government may frame forms for any proeee- powerof ding of a committee and may make any ")les consistjlont 'with th:s act state to carry out the purposes thereof and in particular and without pre- governjudice to the generality of the foregoing power may make rulesment to frame - - - - - formsldd make rules (k) as to the authority on which money may be paid from the municipal fund, anrt as to the maoagemert and r,gujation of provident funds established under section 43: - - - - - - funher to amend the punjab municinal act, 1911, as ~ fqccfc in new delhi, ' (sin gulzarilal n tiiiila, i ministr 0/ horiii ajlairs) ·1 ii | Parliament_bills | aaddc87e-2387-5ec9-833a-5417a677c261 |
bill no 146 of 2015 the indian penal code (amendment) bill, 2015 byshri rabindra kumar jena, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the indian penal code (amendment) act, 2015short 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 states2 in the indian penal code, 1860, in section 370a,—45 of 1860amendment of section 370a(i) in sub-section (1), after the words "engages such minor for sexual exploitationin any manner", the words "or employs such minor in any form of forced labour or service" shall be inserted; and10(ii) in sub-section (2), after the words "engages such person for sexual exploitationin any manner", the words "or employs such person in any form of forced labour or service" shall be inserted statement of objects and reasonssection 370a of the indian penal code, 1860 which was inserted by the criminal law(amendment) act, 2013 provides—(1) whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine(2) whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous 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 finethe criminal law (amendment) act, 2013 had replaced the erstwhile section 370 of the indian penal code, 1860 with new provision, which now criminalises anyone who recruits, transports, harbours, transfers or receives a person by using certain means including threats, force, coercion, fraud, deception, abduction, abuse of power, or inducement for purpose of exploitation exploitation includes any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude or forced removal of organshowever, given that the legislation came in as a follow-up to the justice verma committee report it primarily focused on sexual exploitation of victims of trafficking thus, section 370a of the indian penal code, 1860 as it currently stands, does not cover the exploitation of trafficked persons, children or adults, in other sectors of labour, such as agriculture, domestic work, beggary rackets or in the construction industry, where rampant exploitation of trafficked persons still existsthe bill, therefore, seeks to amend section 370a of the indian penal code, 1860 in order to punish a person who employs any minor or a person in any form of forced labour or service with the same punishment as is provided for an act of sexual exploitation of a minor or a person who has been a victim of traffickinghence this billnew delhi;rabindra kumar jenaapril 8, 2015 annexure extract from the indian penal code, 1860 (45 of 1860)exploitation of a trafficked person370a (1) whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine(2) whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous 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———— a billfurther to amend the indian penal code, 1860————(shri rabindra kumar jena, mp) | Parliament_bills | 8b8e70e4-575e-599c-af98-1871c7094015 |
1 2 3 no | ae saearant exceeding of" | services and purposes vote/| voted by charged on ap- parliament the total pro consclideted priae fund tion ud rs rs rs 35 [stationery and printing revenue 35,63,500 55,63,500 36 [minor irrigation revenue 63,61,000 63,61,000 capital 2,78,00,000 2,75,00,000 37° [bisheries revenue 2,04,25,500 2,04,25,500 capitel 2/000 2/000 38 |panchayats revenue 61,20,500 61,20,500 39 |sericulture revenue 1,73,50,000 £11,73,50,000 40 [irrigation and flood control revenue 5,88,56,000 5,88,56,000 capital 19468,75,000 19{68'75,000 41 [art and culture revenue 75,69,000 75,69,000 42 [state academy of troining ° reveaue 7,85,000 7,85,000 43 |morticutture and soil conservation revenue 2,51,19,000 2,51,19,000 capital 7,50}000 50,000 44 [social welfare revenue 3,04,03,500 3,04,03,500 45 frourism revenue 45,41,000 45,41,000 capital 17,00,000 17004000 46 |science, technology 'and environment revenue 83,56,000 83,56,000 torau, ~293,04,78,000 statement of objects and reasons'this bill is introduced in pursuance of articles 204(1) and 206 of the 0 ion read with the proclamation issued under article 356 of the tution in respect of the state of manipur on the 7th january, 1992, ide for the appropriation out of the consolidated fund of the state of of the moneys required to meet the expenditure charged on the lok sabha in respect of the estimated expenditure of the government of » for a part of the financial year 1992-93, shantaram potdukhe ident's recommendation under article 207 of the constitution of indiaopy of letter no f 2(39)-b(s)/92, dated 6th march, 1992 from shri am potdukhe, minister of state in the ministry of finance to the secretary , lok sabha] 'the president, having been informcd of the subject matter of the proposed [to provide for the withdrawal of certain stms frm ard cut of the censed fund of the state of manipur for the serviccs of a part of the financi: 1 t 1992-93, recommends under clauses (1) and (3) of article 207 of the constimn of india, read with clause (2) of article 206 thereof and the proclamation ed the 7th january, 1992 issued under article 356 of the constitution the duction of the manipur appropration (vote on account) bill, 1992 in and onsideration of the bill by lok sabha, | Parliament_bills | bd0ca43a-f3ac-5a78-844b-e1f2977b2339 |
bill no 168 of 2014 the persons with disabilities (equal opportunities, protection of rights and full participation) amendment bill, 2014 by shri mk raghavan, mp a billfurther to amend the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the persons with disabilities (equal opportunities, protection of rights and full participation) amendment act, 20142 in section 26 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter referred to as the principal act), after sub-section (d), the following sub-section shall be inserted, namely:—"(e) endeavour to provide free education facilities and reservation of seats in educational institutions for the children of persons with disabilities"amendment of section 383 in section 38 of the principal act, after clause (f), the following clause shall be inserted, namely:—5"(g) encouraging self-employment among persons with disabilities through provision of loan at concessional rates of interest and providing land, water, electricity and other necessities at subsidised rates;"amendment of section 674 in section 67 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—"(3) the appropriate government shall provide free life insurance to every person with disability in such manner as may be prescribed"105 after section 68 of the principal act, the following section shall be inserted, namely:—insertion of new section68a"68a the appropriate government shall, in such manner as may be prescribed, endeavour to provide following facilities to the persons with disabilities,—certain facilities for people with disabilities(i) old age pension of rupees four thousand per month;15(ii) adequate quantity of foodgrains at subsidised rates from public distribution system;(iii) free healthcare facilities from government hospitals funded fully or partially by the government; and(iv) encouraging their employment in private enterprises" statement of objects and reasonsthe persons with physical disabilities have also an equal right to lead a decent life just like others the government has enacted a special legislation for them and some significant improvement has been seen so far but it may be seen that majority of disabled persons still live under pitiable conditions with no assistance from any source in the absence of any monetary source, these persons suffer a lot in their old age since they are generally poor, they are not able to afford education or medical facilities for their family membersit is, therefore, proposed to provide certain welfare measures for persons with disabilities hence this bill new delhi;mk raghavannovember 12, 2014 financial memorandumclause 2 of the bill provides for free education facilities for children of persons with disabilities clause 4 provides that the appropriate government shall provide free life insurance scheme of upto rupees one lakh to any person with disability clause 5 provides that the appropriate government shall provide free healthcare facilities, oldage pension and essential commodities at subsidised rates to persons with disabilities the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees two thousand crore per annum will be involveda non-recurring expenditure of about rupees one thousand crore is also likely to be involved annexure extract from the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 chapter v26 the appropriate governments and the local authorities shall—(a) (b) (c) appropriate governments and local authorities to provide children with disabilities free education, etc(d) endeavour to equip the special schools for children with disabilities with vocational training facilities 38 (1) the appropriate governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for—(a) schemes for ensuring employment of persons with disabilities(b) (c) (d) (e) (f) constituting the authority responsible for the administration of the scheme 67 (1) insurance scheme for employees with disabilities(2) notwithstanding anything contained in this section, the appropriate government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities lok sabha———— a billfurther to amend the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995————(shri mk raghavan, mp)gmgipmrnd—2872s(s3)—04-12-2014 | Parliament_bills | 7055088a-1a4c-5047-a54f-d010ce21b87a |
( t o b e / a s i n t r y > d u c e d i n l o lc s a b h a )1 , p a g e 9 , i n t h e m a r g i n a l h e a d i n g t o t h e p r o p o s e d s e c t i o n 7 h , -f p r •'s t a f f o f t h e t r i b u n a l ' r e a d " s t a f f o f t r i b u n a l "2 f a g a 9 , l i n e 2 4 , -f o r " s u t > e r i n t s n d a n c e r e a d " s u o e r i n t e n d e n c o ' 3 p a ri;'- l i n o 2 9 , -f o r ' 7 1 ' ' r e a d ' 7 1 '4 , p a g e 9 , i n t h e m a r g i n a l h s ^ a d i n ^ t o t h e p r o p o s e d s e c t i o n 7 1 , -^ f o r ' 't h e t r i b u n a l " r e a d ' t r i b u n a l "^ 5 p a g e 9 , l i n g 3 5 , -a f t e r " s u c b ' i n s e r t ' 'n o t i f i c a t 5 o n o r "1 1 , l i n o 9 , - a f t e r " 1 9 a " i n s e r t ' 'b e f o r e i t s r e p e a l "7 p a g e 1 1 , -a g a i n ' - ; " r o p n s e d s e c t i o n 7 q , i n s a r t t h e m a r g i n a l h e a d i n g , - " i n t q r e s t ^ > a y a b l e b y t h e e m p l o y e r "8 p a g e 1 2 , l i n e 2 1 , -f o r " i e c o v t ; i y " £ c a d ' r e c o v e r "t> r - n - o 1?^ l i n a 4 6 , -f o r 'lecl jori 8 f " j qad " s g c t i o n 8 s "1 0 p a g e 1 3 , l i n e 1 4 , -a f t e r "o f " i n s e r t " a "1 1 p a g e 1 3 , a g a i n s t l i n e 3 9 , -f p r t h e m a r g i n a l c i t a t i o n , r e a d " 5 o f 1 9 0 8 "1 2 p a g e 1 3 , l i n e 4 3 , -f o r " s u b s g q u e n t l y h o l d m o n e y f o r o r o n a c c o u n t o f t h e "r e a d " £ r o r a v h o m m o n e y i s d u e o r m a y b e c o m e d u e t o t h e "for "ar-:loy ■''-'s' rc •gd '1 4 i " : - ' 1 : ' •■for v££i2o'' rca :1 "'off icar' l b p e s o 2 4 , l i n a 1 2 , -for read 'tiolidays"1 6 , i 'a g g z 6 , l i n e 3 3 , -f o r " 8 3 t o g b " r a a d " 8 b t o b g "1 7 r a g g 3 0 , l i n o 1 2 , - 'vf o r ' 'a q u ijs n g n t •' r e a d " g q u ip n g n t "1 6 , p a g g 3 1 , l i n e 3 , - |f o r ' ^ t m p o v j ^ 'r s " r a a d ' 'd n p o w g r s "1 9 p a g e 3 1 , l i n o 24,-f o r ' ' f i l l i n o " r s a d " f i l i n g "2 0 p a g e 3 1 , l i n o 3 7 , -f o r '' 1 4 5 ' » r o a d ' 1 4 3 "2 1 p a g g 3 2 , l i n o 4 , -bgforg clausg 2 3 " i n s » ^ r t " 7 "2 2 p a g g 3 2 , l i n a s 8 a n d 9 , -for ''employes'' road "cnploygr'2 3 p a g e 3 2 , i i n a 1 0 , -f o r ' c l a u s e 2 6 " r e a d ' c l a u s s 2 5 "/ bill no 45 of 198s the employees' provident funds and miscellaneous provisions (amendment) bill, 1988billfurther to amend the employee^ provident funds and miscellaneous provisions aot^ 1962 and the indian penal code, be it enacted by parliament in the thirty-ninth year of the republic of india as follows;— {short title and commence ment1 (i) this act may be called the employees' provident funds and miscellaneous provisions (amendment) act, 1988(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 act2 in section 1 of the employees' provident funds and miscellaneous amend- provisions act, 1952 (hereinafter referred to as the principal act), for meat of jq sub-section (4), the following sub-section shall be substituted, namdy:—■ section 1" (4) notwithstanding anything contained in sub-section (3) of this section or sub-section (i) of section 16, where it appears to the central provident fimd commissioner, whether on an application made to him in this behalf or otherwise, that the employer and 1 5 the majority of employees in relation to any establishment hare agreed th a t the provisions of this a ct should be m ade applicable to the estabjishm ent, h e m ay, by notification in the officisd g azette, apply th e provisions of this a ct to th at establishm ent on and from the date of such agreem ent or from any subsequent date specified in such agreem ent" ^3 in section 2 of the principal act,—amend ment of section 2(a) after clause (a), the following clause shall be inserted, nam ely:—' (aa) "authorised officer" m eans the c entral provident f und commissioner, a dditional c entral p rovident f und commission- 10 er, d eputy provident f und commissioner, regional provident f und com missioner or such other officer as m ay be authorised by the c entral g overnm ent, by notification in th e official g azette;';(b) in clause (b), in the opening portion, for the w ords "on leave w ith w ages", the w ords "on leave or on'holidays w ith wages in either case" shall be substituted;(c) in clause (f), for the w ords "and includes any person em ployed by or through a contractor in or in connection w ith th e w ork of the establishm ent", the following shall be substituted, nam ely:— 20 "and includes any person,—(i) em ployed by or through a contractor in or in connection w ith the w ork of the establishm ent;(ii) engaged as an apprentice, not being an apprentice ebgaged under th e a pprentices act, 1961 or under th e 25 52 of 1961 standing orders of th e establishm ent;";(d) after clause (fc), th e following clauses shau be insei1«d, nam ely:—'(ka) "prescribed" m eans prescribed by rules m ade im der this act; 3q(kb) "recovery officer" m eans any officer of the c entral g overnm ent, state g overnm ent or the board of trustees constitu ted under section 5a, w ho m ay be authorised by th e c entral g overnm ent, by notification in the official g azette, to exercise th e powers of a recovery officer under this a ct;'; 35(e) after clause (i), the following clause shall be inserted, nam ely:—'(m) "t ribunal" m eans the em ployees' provident funds a ppellate t ribunal constituted under section td-'4 in section 5a of the principal act,— 40(a) in sub-section (i),—amendment of section 5a(i) in the opening portion, for the w ord "persons", th e words "persons as m em bers" shall be substituted;(ii) in clause (a ), for th e words "a c hairm an", the w ords "a c hairm an and a v ice-chairm an" shall be su b stitu t^ ; 45(hi) after clause (o), th e following clause shall be inserted, nam ely:—"(aa) ' the c entral provident f\m d comnilhian«r,£ x officio";(iv) in claobes (d) and (e), for tb e w ords ^six persons", the w ords "ten persons" shall he substituted;(b) aftcar sub-section (4), the following sub-sections shall be inaerted, nam ely:—5 " (5) the c entral board shall m aintain proper accounts of itsincom e and expenditure in such form and in such m anner as the c entral g overnm ent may, after consultation w ith the com ptroller and a uditor-g eneral of india, specify in the scheme(6) the accounts of the c entral b oard shall be audited an-10 nually by the com ptroller and auditor-g eneral of india and anyexpenditure incurred by him in connection w ith such audit shall be payable by the central board to the com ptroller and auditor g eneral of india(7) the com ptroller and a uditor-g eneral of india and any25 person appointed by him in connection w ith the audit of theaccounts of the c entral board shall have the sam e rights and privileges and authority in connection w ith such audit as the com ptroller and a uditor-g eneral has, in connection w ith the audit of g overnm ent accounts and, in particular, shall have th e ^ right to dem and the production of books, accounts, connectedvouchers, docimients and papers and inspect any of the offices of the c entral board(8) the accounts of the c entral board as certified by the c om ptroller and a uditor-g eneral of india or any other person25 appointed by him in this behalf together w ith the audit reporttherieon shall be forw arded to the c entral board w hich shall for w ard the same to the central governm ent along w ith its "comm ents on the report of the com ptroller and a uditor-g eneral(9) it shall be the duty of the central board to subm it also to the c entral g overnm ent an annual report of its w ork and acti vities and the c entral g overnm ent shall cause a copy of the annual report, the audited accounts together w ith the report of the com ptroller and a uditor-g eneral of india and the comments of the c entral board thereon to be laid before each house of35 p arliam ent " 5 a fter section 5a of the principal act, the following section shall be inserted, nam ely:—insertion of new section 5aa40''5aa (1) the central governm ent may, by notification in the executive official grazette, constitute^ w ith effect from such date as m ay be specified therein, an executive committee to assist the central board in the perform ance of its functions(2) the executive com mittee shall consist of the following persons as m em bers, nam ely:—45(a) a chairm an appointed by the c entral g overnm ent from am ongst the m embers of the central board;(b) two persons appointed by the central governm ent from am ongst the persons referred to in clause (b ) of sub-section(1) of section 5a; (c) three persons appointed by the central govemineni from amongst the persons referred to in clause (c) of sub-section( 1 ) of section 5 a; (5j) three persons representing the employers elected by the central board from amongst the persons referred to in clause 5 (d) of sub-section (1) of section 5a; i (c) three persons representing the employees elected by thecentral board from amongst the persons referred to in clause (e) of sub-section (i) of section 5a; (f) the central provident fund commissioner, ex officio 10 (3) the terms and conditions subject to which a member of the central board may be appointed or elected to the executive committee and the time, place and procedure of the meetings of the executive committee shall be such as may be provided for in the scheme"amend- 6 in section 5d of the principal act,— 15(a) in sub-section (2 ), for th e w ords "as m any d eputy provident5d fund commissioners, regional provident f und commissioners and other officers w hose m axim um m onthly salary is not less than five hundred rupees as it m ay consider necessary^', th e w ords "a f inancial a dviser and chief accovints officer" shall be substituted; 20(b) in sub-section (3), after th e w ords "m ay appoint", the w ords subject to th e m axim um scale of p ay ,'as m ay be specified in the scheme, as m any a dditional c entral provident fund commissioners, d eputy p rovident f und commissioners, regional provident fund commissioners, a ssistant p rovident f und commissioners and" shall 25 be inserted;(c) in sub-section (4),—(i) for th e w ords "the post of the c entral provident f und oom m issioner o r d eputy ^provident fund com missioner or regional p rovident fim d com m issioner or to any other post 30 under th e c entral b oard carrying a m axim um m onthly salary of not less than five hundred rupees'', the w ords and letters "the post of th e c entral provident fund commissioner or an additional c entral p rovident fund csommissioner' dr a financial a dviser anji chief accounts officer or any other post under the 35 c entral board carrying a scale of pay equivalent to the scale of pay of any g roup 'a' or g roup 'b' post under the c entral governm ent" shall be substituted;(ii) in th e proviso, in clause (b) in sub-clause (ii>, for th e w ords and figures "class i or class it post'', the words and 40 letters "g roup 'a or g roup 'b' post" shall be substituted;(d) in sub-section (6), for th e w ords d eputy provident fund commissioner and reeional provident fund commissioner", the w ords "and the financial a dviser and chief accounts officer" shall be substituted; 4j(e) for sub-section (7), the following sub-section shall be substituted, nam ely:—" (7) (a) the m ethod of recruitm ent, salary and allowancediscipline and other conditions of service of the a dditional central provident f und com m issitoer, d eputy provident fund commissioner, regional provident fund comnnssioner, assistan t provident fund commissioner and other oflbcers and em - 5 ployees of the c entral board shall be such as m ay be specified by the c entral board in accordance w ith the rules and orders applicable to the officers and em ployees of the c entral governm ent draw ing corresponding scales of pay:provided th at w here the c entral board is of the opinion that 10 it is necessary to m ake a departure from the said rules or ordersin respect of any of the m atters aforesaid, it shall obtain the prior approval of the c entral g overnm ent(b) in determ ining the corresponding scales of pay of oflbcers and employees under clause (a), the c entral board shall have 15 regard to the educational qualifications, m ethod of recruitm ent,duties and responsibilities of such oflbcers and employees under the c entral g overnm ent and in case of any doubt, the c entral board shall refer the m atter to the c entral g overnm ent whose decision thereon shall be final," 20 7 a fter section 5d of the principal act, the following section shallbe inserted, nam ely:—insertioik of new section 5dd"5dd no act done or proceeding taken by the c entral board or the executive com mittee constituted under section 5aa or the state board shall be questioned on the ground m erely of the existence of 25 any vacancy in, or any defect in the constitution of, th e c entral board or the executive com mittee or the state board, as the case m ay be"acts and proceedings of the central board or its executive committee or the state board not to be in validated on certain groundsamendment of section 5rs in section 5e of the principal act, for the w ords "the c entral board may, w ith the prior approval of the central g overnm ent and a state board may, w ith the prior approval of the state gtovemmeni con- 30 cem ed, delegate to its chairm an or to any of its officers", the w ords "the c entral board m ay delegate to the executive committee or to the chairm an of the board or to any of its officers and a state board may delegate to its chairm an or to any of its oflbcers'' shall be substituted9 in section 6 of the principal act,—(a) in the opening paragraph,—amendment of section 6(i) for the words ''six and a quarter per cent", the words "eight and one-third per cent" shall be substituted;(ii) for the words and ' brackets "if any employee so desires and if the scheme makes provision therefor, be an am ount not exceeding eight and one-third p er cent, of his basic wages, dearness allow ance and retaining allow ance (if a n y )", th e w ords and brackets "if any em ployee so desires, be an am ount exceeding eight and one-third per cent, of his basic wages, dearness allow ance and retaining allowance (if any), subject to th e con- 5 dition th at the em ployer shall not be im der an obligation to ;pay any contribution over and above his contribution payable under this section'' shall be substituted;(b) for the first proviso, th e follow ing proviso shall be substituted, nam ely;— jo'provided th a t in its application to any establishm ent or class of establishm ents w hich the c entral grovemment, after m aking such inquiry as it deems fit, m ay, by notification in the oflbcial g azette specify, this section shau be subject to th e modification th at for the w ords "eight and one-third p er cent", at both th e 15 places w here they occur, th e w ords "ten per cent" shall be substituted: "amend 10 in section 7a of the principal act,—meat oc sub-section (1), th e following sub-section shall be substituted, nam ely:— 20section7a" (1) the c entral provident fund commissioner, any a dditional c entral provident fund commissioner, any d eputy provident fim d commissioner, any regional provident f und commissioner, or any a ssistant provident fund commissioner m ay, by order,— 25(a) in a case w here a dispute arises regarding the applicability of this act to an establishm ent, decide such dispute; and(b) determ ine the am ount due from any em ployer under any provision of this act, th e schem e or the fam ily pension 30 schem e or the insurance scheme, as the case m ay be, and for any of the aforesaid purposes m ay conduct such inquiry as he m ay deem necessary";(b) in sub-section (3),—(i) the w ords "determ ining the am otm t due from any 3 5 em ployer" shall be om itted;(ii) fo r'th e w ords "the em ployer", the w ords "the em ployer concerned" shall be substituted;(c) after sub-section (s), the following sub-section shall be inserted, nam ely: —40"(3a ) w here the em ployer, em ployee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry w ithout assigning any valid reason or fails to produce any docum ent or to file any report or retu rn w hen called upon to do so, the officer conducting the inquiry m ay 45 decide the applicability of';the act or determ ine the am ount due from any em ployer as th e case m ay be, on the basis of th e evidence adduced during such inquiry and other documents available on reco rd ";(d) for gub-section (4), the following sub-sections shall be substituted, nam ely: —10" (4) w here an order under sub-section (i) is passed against an em ployer ex parte, he m ay, w ilhin three m onths from the date of commimication of such order, apply to th e officer for setting aside such order and if he satisfies the officer th a t the show cause notice was not duly served or th at he was prevent ed by :any sufficient cause from appearing w hen the inquiry was held, the officer shall m ake an order setting aside his earlier order and shall appoint a date for proceeding w ith the inquiry:15provided th at no such order shall be set aside m erely on the ground th at there has been an irregularity in the service of th e show cause notice if the officer is satisfied th at the em ployer had notice of the date of hearing and had sufficient tim e to appear before the officer20explanation—^where an appeal has been preferred im der this a ct against an order passed ex parte and such appeal has been disposed of otherw ise than on the groim d th at the appellant has w ithdraw n the appeal, ;no application shall lie under this subsection for setting aside the ex parte order(5) no order passed under this section shall be set aside on any application im der sub-section (4) unless notice thereof has been served on the opposite party"ix, a fter section 7a of the principal act, the following sections shall 25 be inserted, nam ely: —30insertionofnewsections7b to 7qreview oforderspassedunderseclion7a"7b (i) a ny person aggrieved by an order m ade under subsection (1) of section 7a, but from w hich no appeal has been pre ferred im der this act, and who, from the discovery of new and im portant m atter 1 or evidence which, after the exercise of due diligence was not w ithin his knowledge or could not be produced by him at the tim e w hen the order was made, or on account of some m istake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of such order may apply for a review of th a t order to the officer who passed the order:35provided that such officer m ay also on his own m otion review his order if he is satisfied th at it is necessary so to do 'on any such groimd(2) every application for review im der sub-section (1) diall be filed in such form and m anner and w ithin such tim e as m ay be specified in the scheme40(3) w here it appears to the officer receiving an application for review th at there is no sufficient ground for a review, he shall reject thei application(4) w here the officer is of opinion th at the application for review should be granted, he shall grant the same:45provided that,—(a) no such application shall be granted w ithout previous notice to all the parties before him to enable them to appear and be heard in support of th e order in respect of w hich a review is applied for, and(b) no such application shall be granted on th e ground of ^ discovery of new m atter or evidence w hich th e applicant alleges was not w ithin his know ledge or could not be produced by him w hen the order was made, w ithout proof of such allegation(5) no appeal shall lie against th e order of th e officer rejecting an application for review , b u t an appeal under this a ct shall lie against an order passed under review as if the order passed under review w ere the original order passed by him under section 7a7c w here an order determ ining th e am oim t due from an em ployer under section 7a or section 7b has been passed and if th e officer who passed the order— 15determination of escaped amount(a) has reason to believe th a t by reason of the omission or failure on the p art of th e em ployer to m ake any docum ent or report available, or to disclose, fully and truly, all m aterial facts necessary for determ ining the correct am oim t due from th e em ployer, any am ount so due from such em ployer for any 20 period has escaped his notice;(b) has, in consequence of inform ation in his possession, reason to believe th at any am ount to be determ ined under section 7a or section 7b has escaped from his determ im tion for any period notw ithstanding th at there has been no omission 25 or failure as m entioned in clause (a) on the p art of the em ployer, he may, w ithin a period of five years from the date of commxmication of the order passed under section 7a or section 7b, re-open the case and pass appropriate orders re-determ ining the am bim t due from the em ployer in accordance w ith the provisions of this act:provided th at no order re-determ ining the am oim t due from the em ployer shall be passed under this section unless the em ployer is given a reasonable opportunity of representing his case7d (1) the c entral g overnm ent m ay, by notification in the official gazette, constitute one or m ore a ppellate tribunals to be know n as the employees' provident funds a ppellate t ribunal to 35 exercise the powers and discharge the functions conferred on such t ribunal by this act and every such tribim al shall have jurisdiction in respect of establishm ents situated in such area as m ay be specified in the notification constituting the tribunal(2) a t ribunal shall consist of one person only to be appointed by the c entral governm ent(3) a person shall not be qualified for appointm ent as the presiding officer of a t ribunal (hereinafter referred to as the presiding officer), unless he is, or has been, or if qualified to be, a judge of a high courttermofoffice7e the presiding officer of a tribunal shall hold office for a term of five years from the date on w hich he enters upon his office or until he attains the age of sixty-two years, w hichever is earlierresignation7f the presiding officer may, by notice in w riting under his hand addressed to the c entral governm ent, resign his office:1015provided that the presiding officer shall, unless he is perm itted by the c entral g overnm ent to relinquish his office sooner, continue to hold office until the expiry of three m onths 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, w hichever is the earliest7g the salary and allowances payable to, and the other terms and conditions of service (including pension^ gratuity and other retirement benefits) of, the presiding officer shall be such as may be prescribed , provided that neither the salary and allowances nor the other terms and conditions of service of the presiding officer shall be varied to his disadvantage after his appointment20salaryandallowancesandothertermsandconditionsofservice of presiding officei staff of the tribunal7h (1) the central government shall determine the nature and categories of the officers and other employees required to assist a tribunal in the discharge of its functions and provide the tribunal with such officers and other employees as it may think fit25(2) the officers and other employees of a tribunal shall dt^- charge their functions under the general supeirintendance of the presiding officer(3) the salaries and allowance and other conditions of service of the officers and other employees of a tribunal shall be such as may be prescribed30appeals to the tribunal3571 (1) any person aggrieved by a notification issued by the central governm ent, or an order passed by the central g overnm ent or any authority, under the proviso to sub-section (5), or sub-section(4), of section 1, 'or section 3, or sub-section (1) of section 7a, or section 7b [except an order rejecting an application for review referred to in sub-section (5) thereof], or section 7c, or section 14b, m ay prefer an appeal to a tribunal against such order40procedure of tribunals(2) every appeal under sub-section (1) shall be filed in such form and m anner, w ithin such tim e and be accompanied by such fees, as m ay be prescribed7j (i) a tribunal shall have power to regulate its own p ro cedure in all m atters arising out of the exercise of its powers or of the discharge of its functions including the places at which the tribunal shall have its sittings(2) a tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the officers referred to in section 7a and any proceeding before the tribunal shall be deem ed to be a judicial proceeding w ithin the m eaning of sections 193 and 228, and for th e purpose of section 196, of th e indian p enal code and the t ribunal shall be deem ed to be a civil court for all th e purposes of section 195 and c hapter x xv i of the code of cri m inal procedure, 1973$ 2 of 19747k (1) a person preferring an appeal to a t ribunal under this a ct m ay either appear in person or take th e assistance of a legal practitioner of his choice to present his case before th e tribunal(2) t he c entral g overnm ent or a state g overnm ent or any other authority under this a ct m ay authorise one or m ore legal prac- lo titioners or any of its officers to act as presenting officers and every person so authorised m ay present the case w ith respect to any appeal before a tribunalright of appellant to take assistance of legal practi tioner and of govern meat, etc, to appoint presenting officersorders of tri bunal7l (1) a t ribunal m ay, after 'giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks 15 fit, confirming, m odifying or annulling the order appealed against or m ay refer the case back to the authority w hich passed such order w ith such dipections as the t ribunal m ay think fit, for a fresh adjudication or order, as the case m ay be, after taking additional evidence, if necessjiry 20(2) a t ribunal may, a t any tim e w ithin five ' years from the date of its order, w ith a view to rectifying any m istake apparent from th e record, am end any order passed by it under sub-section (i) and shall m ake such am endm ent in the order if the m istake is brought to its notice by the parties to the appeal: ?sp rovided th a t an am endm ent w hich has th e effect of enhancing the am ount due from, or otherw ise increasing th e liability of, th e em ployer shall not be m ade under this sub-section, unless the t ribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heardj 30(3) a t ribunal shall send a copy of every order passed under this section to the parties to the appeal(4) a ny order m ade by a ' t ribunal finally disposing of an appeal shall not be questioned in any court of lawfilling up <rf vacancies7m if, for any reason, a vacancy occtu^ in the office of the 35 presiding officer, th e c entral g overnm ent shall appoint another person in accordance w ith th e provisions of this act, to fill th e vacancy and the proceedings m ay be continued before a t ribunal from th e stage at w hich th e vacancy is filledfinality of orders constita ting a tribanal7n no order of the c entral g overnm ent appointing any person ^ as the presiding officer shall be called in question in any m anner, and no act or proceeding before a t ribunal shall be ' called in ques tion in any m anner on the ground m erely of any defect in th e constitution of such tribunal :70 no appeal by the em ployer shall be entertained by a t ribunal unless he has deposited w ith it seventy-five per cent, of the am ount due from him as determ ined by an officer referred to in section 7a:depositofamount due, on filing appealprovided th at the tribunal m ay, for reasons to be recorded in w riting, waive or reduce the am ount to be deposited under this section10transfer of certain applications to tribunals7p all applications which are pending before the c entral governm ent under section 19a, shall stand transferred to a tribunal exercising jurisdiction in respect of establishm ents in relation to which such applications had been made as if such applications w ere appeals preferred to the tribunal157q the em ployer shall be liable to pay simple interest at the rate of tw elve per cent, per annum or at such higher rate as m ay be specified in the scheme on any am ount due from h im 'u n d er this act from the date on w hich the am ount has become so due till the date of its actual paym ent:provided th at higher rate of interest specified in the scheme shall not exceed the lending rate of interest charged by any scheduled bank"20amend ment of section 812 in section 8 of the principal act, for the w ords ''by the c entral p rovident fund commissioner or such other officer as m ay be authorised by him, by notification in the official gazette, in this behalf, in the same m anner as an arrear of land revenue", the words, figures and letters 25 "in the m anner specified in sections 8b to 8g" shall be substituted13 in section ba of the principal act, in sub-section (i), the words "on the basis of such contribution' shall be om ittedamendment of section 8a14 a fter section 8a of the principal act, the following sections shall be inserted, nam ely:—insertion of new sections sb to 8gissue of certificate to therecoveryofficer3 q sb (1) where any amount is in arrear under section 8, theauthorised officer may i&siie, to the recovery officer, a certificate under his signature specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case 35 may be, the employer by one or more of the modes mentioned below:—(a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, the employer;(b ) arrest of the employer and his detention in prison;40 (c) appointing a receiver for the management of the movable or immovable properties of th^ establishment or, as the case may be, the employerprovided th at the attachm ent and sale of auy property under this section shall first be effecied against th e properties of th e establishm ent and w here such attachm ent and sale is insufficient for re covering the w hole of the am ount of arrears specified ii» the certificate, the recovery officer m ay take such proceedings against the property of the em ployer foi- recovery of the w hole or any p art of such arrears10(2) the authorised officer m ay issue a certificate under subsection (i), notw ithstanding th at proceedings for recovery of the arrears by any other m ode have been taken8c (1) the authorised officer m ay forw ard the certificate referred to in section 8b to the recovery officer w ithin whose jurisdic' tion the em ployer—(a) carries on his business or profession or w ithin whose ijurisdiction the principal place of his establishm ent is situate; or 15rficovery officer to whom certificate is to be forwarded(b) resides or any m ovable or im m ovable property of the establishm ent or the em ployer is situate(2) w here an establishm ent or the em ployer has property w ithin the jurisdiction of m ore than one recovery officers and the recovery officer to w hom a certificate is sent by the authorised officer— 20(a) is not able to recovery the entire am ount by the sale of the property m ovable or immovable, w ithin his jurisdiction; or(b) is of the opinion that, for the purpose of expeditin,g or securing the recovery of the whole or any p art of the am ount, it is necessary so to do, 25he m ay send the certificate or, w here only a p art of the am ount is to be recovered, a copy of the certificate certified in the prescribed m anner and specifying th e am ount to be recovered to the recovery officer w ithin whose jurisdiction the establishm ent or the em ployer has property or the em ployer resides, and thereupon that recovery officer shall also proceed to recover the am ount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorilsed officervalidity of certificate, and amendment thereof8d (1) w hen the authorised officer issues a certificate to a recovery officer under section sb, it shall not be open to the em ployer to dispute before the recovery officer the correctness of th e am ount, and no objection to the certificate on any other gfround shall also be entertained by the recovery officer ((2) notwithstandinpt the issue of a certificate to a recovery officer, the authorised officer shall have pow er to w ithdraw the certi- 40 ficate or correct any clerical or arithm etiral m istake m the certificate by sendin?^ an intim ation to the recovery officer(3) the authorised officer shall intim ate to the recovery officer any orders w ithdraw ing or cancelling a certificate or any correction m ade by him under sub-section (2) or any am^nfjrnent m ade under sub-section (4) of section 8f8e (1) n otw ithstanding th at a certificate has been issued to the recovery officer for the recovery of any amount^ the authorised officer m ay grant tim e for the paym ent of the amount, and thereupon the recovery officer shrill stay the proceedings until the expiry of the tim e so grantedstay of proceedings under certificate andamendment or withdrawal thereof(2) w here a certificate for the recovery of am ount has been issued, the authorised officer shall keep the recovery officer inform ed of any am ount paid or tim e granted for paym ent, subsequent to the issue of such certificate1015(3) w here the order chiving rise to a dem and of am ount for w hich a certificate for recovery lias been issued has been modified in appeal or other proceeding under this act, and, as a consequence thereof, the dem and is reduced but the order is the subject-m atter of fu rth er proceeding under this act, the authorised officer shall stay the recovery of such p art of the am ount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding rem ains pending20(4) w here a certificate for the recovery of am ount has been issued and subsequently the am ount of the outstanding dem and is reduced as a result of an appeal or other proceeding under this act, the authorised officcr shall, when the order w hich was the subject m atter of such appeal or other proceeding has become final and conclusive, am end the certificate or w ithdraw it, as the case m ay be25othermodes of recoverysf (1) n otw ithstanding the issue of a certificate to the recovery officer under section 8b, the c entral provident fund commissioner or any other officer authorised by the c entral board m ay recover the am ount by any one or m ore of the modes provided in this section3035(2) if any am ount is due from any person to any em ployer who is in arrears, the central provident fund commissioner or any other officer authorised by the c entral board in this behalf m ay re quire such person to deduct from the said am ount the arrears due from such em ployer under this act, and such person shall comply w ith any such requisition and shall pay the sum so deducted to the credit of the c entral providenf fund commissioner or the officer so authorised, as the case m ay be:5 1908provided that nothing in this sub-section shall apply to any part of the am ount exem pt from attachm ent in execution a decree of a civil court under section fift of the code of civil procedure, 190840t5(3) (i) the c entral provident fund commissioner or any other officer authorised by the central board in this behalf may, at any tim e or from tim e to time, by notice in w riting, require any person subsequently hold m oney for or on account of the em ployer or, as the case m ay be, the establisl?ment or any person who holds or m ay subsequently hold money for or on account of the em ployer or as the case m ay be, the establishm ent, to pay to the central provident fund commissioner either forthw ith upon the money becoming due or being held o r''at or w ithin the tim e specified in the notice (not being before the money becomes due or is held) so m urh of the money as is sufficient to pay the am ount due from the employer in50rcspect of arrears or the w hole of the m oney w hen it is equal to or less than th a t am ount(ii) a notice under this sub-section m ay be issued to any person w ho holds or m ay subsequently liold any m oney for or on account of the em ployer jointly w ith any other person and for the purposes of this sub-section, the shares of the joint-holders in such account shall be presum ed, until the contrary is proved, to be equal10(hi) a copy of the notice shall be forw arded to the em ployer at his last address know n to the c entral p rovident fund commissioner or, as the case m ay be, the officer so authorised and in th e case of a joint account to all the joint-holders at th eir last addresses know n to the c entral provident fund commissioner or th e officer so authorised(iv) save as otherw ise provided in this sub-section, every person to whom a notice is issued u n d er this sub-section shall be bound to comply w ith such notice, and, in particular, w here any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other docum ent to be produced for the purpose of any entry, endorsem ent or the like being m ade before paym ent is m ade notw ithstanding any rule, prac- 20 tice or requirem ent to the contrary(v) a ny claim respecting any property in relation to w hich a notice under this sub-section has been issued arising after the date of the notice shall be void as against any dem and contained in the notice 25(vi) w here a person to whom a notice under this sub-section is sent objects to it by a statem ent on oath th at the sum dem anded or any p art thereof is not due to the em ployer or th at he does not hold any money for or on account of the em ployer, then, nothing contained in this sub-section shall be deemed to require such person to pay 30 any such suim or p art thereof, as the case m ay be, b u t v it is discovered th at such statem ent w as false in any m aterial particular, such person shall be personally liable to the c entral provident fund commissioner or th e officer so authorised to the extent of his own liability to the em ployer on the date of the notice, or to the extent 35 of the em ployer's liability for any sum due under this act, w hichever is less(vii) the c entral provident fund com missioner or the officer so authorised may, at any tim e or from tim e to time, amend or revoke any notice issued under this sub-section or extend the tim e 40 for m aking any paym ent in pursuance of such notice(m it) the c entral provident f und commissioner or the officer so authorised shall grant a receipt for any am ount paid in compliance w ith a notice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the em ployer to the ex- 45 tent of the am ount so paid(ix) any person discharging any liabilitv to the em ployer after the receipt of a notice under this sub-section shall be personally liable to the c entral provident fund commissioner or the officer so authorised to the extent of his own liability to the em ployer so discharged or to the extent of the em ployer's liability for any sum due under this act, w hichever is less5 (x) if the person to whom a notice under this sub-section issent fails to m ake paym ent in pursuance thereof to the c entral provident fund commissioner or the officer so authonsed he shall be deemed to be an em ployer in default in respect of the am ount specified in the notice and further proceedings m ay be taken again^st him 10 for the realisation of the am ount as if it w ere an arrear due from him,in the m anner provided in sections 8b to 8e and th e notice shall have the sam e effect as an attachm ent of a debt by the recovery officer in exercise of his pow ers under section 8b(4) the c entral provident fund commissioner or the officer15 authorised by the c entral board in this behalf m ay apply to thecourt in w hose custody there is m oney belonging to the em ployer for paym ent to him of the entire am ount of such money, or if it ism ore than the am ount due, an am ount sufficient to discharge theam ount due2025(5) the c entral provident fund commissioner or any officer not below the rank of assistant provident fund commissioner m ay, if so authorised by the c entral g overnm ent by general or special order, recover any arrears of am ount due from an em ployer or, as the case m ay be, from the establishm ent by distraint and sale of his or its m ovable property in the m anner laid down in the third sche-43 of 1961 dule to the incom e-tax act, 196130appucationof certain provisions ofincometax act8g the provisions of the second and third schedules to th e income-tax act, 1961 and the incci(me-tax (certificate proceedings) 43 of 1961 rules, 1962, as in force from tim e to time, shall apply w ith necessary modifications as if the said provisions and the rules referred to the arrears of the am ount m entioned in section 8 of this act instead of to the income-tax:provided th at any reference in the said provisions and th e rules to the "assessee" shall be construed as a reference to an em ployer as defined in this act" i3515 in section 10 of the principal act, in sub-section (2), the following shall be added at the end, nam ely: —amendment of section 10''and shall also not be liable to attachm ent under any decree order of any court" oramendment of section 1116 in section 11 of the principal act, in sub-section (2) , for the words and brackets "in respect of the em ployee's contribution (deducted from the wages of the employee) for a period of m ore than six m onths", the words and brackets w hether in respect of the employee's contribution (deducted from the wages of the employees) or the em ployer's contribu- 45 tion" shall be substituted17 in section 13 of the principal act, sub-section (5) shall be omittedamendment of section 1318 in section 14 of th e principal act,—anmdment of section 14,(a) in sub-section (i), for the w ords "six m onths, or w ith fine w hich m ay extend to one thousand rupees, or w ith both,", th e w ords"one year, or w ith fine of five thousand r u j ^ s , or w ith both" ^ a l l 5 be substituted; ,(b) in sub-section (la ),— ,(i) in the opening portion, for th e w ords "six m onths"^ th e w ords "three years'' sliall be substituted:(ii) in clause (a), for the w ords "three m onths", the w ords jq"one year and a fine of ten thousand rupees" shall be substituted;(iii) for clause (b), the follow ing clause shall be substituted, nam ely: —" (b) w hich shall not be less than six m onths and a fine of five thousand rupees, in any other case: "; ^(iu) the w ords "and shall also be liable to fine w hich m ay extend to two thousand rupees" shall be om itted;(v) in th e proviso, the w ords "or of fine only in lieu of im prisonm ent" shall be om itted;(c) in sub-section (ib),— 20(i) for the w ords "six m onths", the w ords "one year" shall be substituted;(ii) for the w ords "one m onth", the w ords "six m onths" shall be substituted;(iii) for th e w ords "two thousand rupees", the w ords "five 25 thousand rupees" shall be substituted;(iv) in the proviso, the w ords "or of fine only in lieu of im prisonm ent" shall be om itted;(d) in sub-section (2 ), for the w ords "six m onths, or w ith fine which m ay extend to one thousand rupees, or w ith both", th e w ords "one year, or w ith fine w hich m ay extend to four thousand rupees, or w ith both" shall be substituted;(c) in sub-section (2a), for the words "three m onths, or w ith fine w hich m ay extend to one thousand rupees, or w ith both", th e w ords "six m onths, b u t w hich shall not be less than one m onth, and shall also be liable to fine w hich m ay extend to five thousand rupees" shall be substitutedamendment of •ection 14aa19 in section 14aa of the principal act, for th e w ords "one year b u t w hich shall not be less than three m onths and shall also be liable ^ to fine w hich m ay extend to four thousand rupees", the w ords "five years, but w hich shall not be less than tw o years, and shall also be liable to a fine of tw enty-five thousand rupees" shall be substituted 20 in section 14b of the principal act,—amendment of sectkm 14b(c) for the w ords "from the em ployer such damages, not exceeding the am ount of arrears as it m ay think fit to impose", th e w ords "from the em ployer by w ay of penalty such damages, not exceeding' th e am ount of arrears, as m ay be specified in the scheme" shall be substituted;(b) after the proviso, the following proviso shall be inserted, nam ely: —"provided fu rth er th a t the c entral board m ay reduce or waive the dam ages levied under this section in relation to an establish- 5 m ent w hich is a sick industrial com pany and in respect of w hich aschem e for rehabilitation has bjeen sanctioned by th e board for industrial and fintm cial reconstruction established nnfjor section 4 1 of 1986 of the sick industrial companies (special provisions) act, 1985, subject to such term s and conditions as m ay be specified in the 10 scheme"21 in section 16 of the principal act,—ameadment of wctiob 16(i) in sub-section (i), for clause (b), the following clauses shall be substituted, nam ely:—" (b) to any other establishm ent belonging to or under th e 15 control of th e c entral g overnm ent or a state 'g overnm ent andw hose employees are entitled to the benefit of contributory provident fund or old age pension in accordance w ith any schem e or rule fram ed by the c entral g overnm ent or th e s tate g overnm ent governing such benefits: or20 (c) to any other establishm ent set up under any central,provincial or state a ct and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance w ith any scheme or rule fram ed tm der th a t act governing such benefits; or25 (d) to any other establishm ent new ly set up, until theexpiry of a period of three years from the date on w hich such establishm ent is, or has been, set up";(ii) in sub-section (2 ), after the w ord "exem pt", th e w ords w hether prospectively or retrospectively," shall be inserted30 22 a fter section 16 of the principal act, the following section shall be inserted, nam ely: —insertion of new section 16a"16a (1) the c entral g overnm ent may, on an application m ade to it in this behalf by the em ployer and the m ajority of employees in relation to an establishm ent em ploying one hundred or m ore 35 persons, authorise the em ployer by an order in w riting, to m aintain a provident fund account in relation to the establishm ent, subject to such term s and conditions as m ay be specified in the scheme:authorising certain employers to maintain provident fund accounts1 provided th at no authorisation shall be m ade under this subsection if the em ployer of such establishm ent had com m itted any 40 default in the paym ent of provident fund contribution or had comm itted any other offence under this act during the three years im m ediately preceding the date of such authorisation(2) w here an establishm ent is authorised to m aintain a provident fund account under sub-section (j), the em ployer in relation 45 to such establishm ent shall m aintain such account, subm it such return, deposit the contribution in such m anner, provide for such facilities for inspection, pay such adm inistrative charges, and abide by such other term s and conditions, as m ay be specified in th e scheme(3) a ny autl^orisation m ade under this section m ay be cancelled by the c entral g overnm ent by order in w riting if th e em ployer fails to comply w ith any of the term s and conditions of th e authorisation or w here he com m its any offence u n d er smy provision of this act: i 5^ o v id e d th a t before cancelling the authorisation, the c ^ itra l g overnm ent shall give the em ployer a reasonable opportunity of being heard"amend 23 in section 17 of the principal act,—ment of section (a) in sub-section (1),^— ^017({) for the w ords "exem pt from the operation", the w ords "exem pt, w hether prospectively or retrospectively, from the operation" shall be substituted;(ii) the following proviso shall be added a t the end, nam ely:— 15"provided th a t no such exem ption shall be m ade except a fte r consultation w ith th e c entral board w hich on such consultation shall forw ard its view s on exem ption to th e appropriate g overnm ent w ithin such tim e lim it as m ay be specified in the schemcu" ; 20(b) for sub-section (la), the follow ing sub-sections shall be substituted, nam ely:— "(la) w here an exeraptioii has b e e i granted to an establishm ent im der clause (d) of sub-section (i),—(o) th e provisions of secticms 6, 7a, 8 and 14b shall, 25 so fa r as m ay be, apply to th e « n p lo y er of ^ e exem pted establishm ent in addition to such other conditions as m ay be specified in the notification granting such exem ption, and w here such em ployer contravenes, or m akes default in com plying w ith any of the said provisions or conditions or 3d any other provision of this act, he shall be punishable under section j4 as if the said establishm ent had not been exem pted under the said clause (a );(b) th e em ployer shall establish a b oard of tnastees for ttie adm inistration of th e provident femd oonsistihg of 35such num ber of m an b ers as m ay be spedfied in the scheme;(c) the term s and conditions of service of m em bers of the bp^rd of trustees shall be such as m ay be specified in the schem e;(d) the b oard of trustees constituted undor clause (b) 40 shall—(i) m aintain detailed acooimts to show the gonfcributjons creditgd^ w ithdraw als m ade and interest accrued in respect of each employee;(ti) subm it such returns to the regional provident fund com missioner or any other officer as the central g overnm ent m ay direct from tim e to tim e;(iii) invest the provident fund monies in acco5 ance w ith the directions issued by the c entral governm ent from tim e to tim e; ,(it?) transfer, w here necessary, the provident fund account of any em ployee; and(v) perform such other duties as m ay be specified10 in the scheme(ib) w here the board of trustees established under clause(b) of sub-section (la) contravenes, or m akes default in complying w ith, any provisions of clause (d) of th a t sub-section, the t rustees of the said b oard shall be deemed to have com m itted an15 offence under sub-section (2a) of section 14 and shall be pimishable w ith the penalties provided in th at sub-section20(ic) the c entral provident fund commissioner m ay, by notification in the official gazette, and subject to such conditions as m ay be specified therein, exem pt, w hether prospectively or retrospectively, any em ployee or class of employees or any establishm ent from the operation of all or any of the provisions of the fam ily pension scheme, if such employee,, class of employees or the employees of such establishm ent is or are in enjoym ent of benefits in th e n ature of fam ily pension, and 25 the c entral provident fund commissioner is of fee c ^ i o n th a t such benefits are on the w hole not less favourable to su d i em ployees than the benefits provided un<ter this a et o r the fam ily pension schem e in relation to employees in any other estab lishm ent of a sim ilar character" ;30 (c) in sub-section (2a ) , for the words "the c entral g overnm ent may, if requested so to do by the employer, by notification in the official gazette, and subject to such conditions as m ay be specified in the notification, exem pt any establishm ent from the operation of all or any of the provisions of the insurance scheme, 25 if it is satisfied", the words "the central provident fund comm issioner m ay, if requested so to do by the employer, by notification in th e official gazette, and subject to such conditions as m ay be specified in the notification, exempt, w hether prospectively or retrospectively any establishm ent from the operation of all or any of the provisions of the insurance scheme, if he is satisfied" shall 40 be substituted;(d) in sub-section (3a) in clause (b),the w ord "and" occurring at the end and clause (c) shall be om itted;(c) in sub-section (4),—(i) in clause (a), after the words "under that sub-section", the words, brackets, figure and letter "or sub-section (la )" shall be inserted:(ii) in clause (aa), for the brackets, figure and letter " (la )", th e brackets, figure and letter " (1c )'' shall be substituted;(/) in sub-section (5),—(i) for th e brackets, figure and letter " (j-a)'', the brackets, figure and letter " (1c) shall be substituted; 5(ii) after the w crds "he is em ployed", th e w ords "together w ith any am ount forfeited from the em ployer's share of contribution to the credit of the em ployee who leaves th e em ploym ent before th e com pletion of the full period of service" shall be inserted; 10(g) in sub-section (6), for the brackets, figure and letter the brackets, figure and letter shall be substituted24 for section 18 of the principal act, the following sections shall be substituted, nam ely: —substitution of new sections for section 18protec tion of action taken in good faith"18 no suit, prosecution or other legal proceeding shall lie against th e c entral g overnm ent, a state g ovem m ent, th e presiding oflbcer of a t ribunal, any authority referred to in section 7a, an inspector or any other person for anything w hich is in good faith done or intended to be done in pursuance of this act, the scheme, the fam ily pension schem e or the insurance scheme 2018a the presiding officer of a tribunal, its officers and other employees, the authorities referred to in sertion 7a and every inspector shall be deem ed to be public servants w ithin the m eaning of section 21 of the indian penal code"45 of 18^presiding oflficer and other officers to be public servants25 for section 19a of the principal act the following sections shall 25 be substituted, nam ely: —substitution of new sections for section 19a"20 the c entral grovernment may, from tim e to time, give such directions to the c entral board as it m ay think fit for th e efficient adm inistration of this act and w hen any such direction is given, the c entral board shall comply w ith such direction 30power of central govemment to five direc tions21 (1) the c entral g overnm ent may, by notification in the official gazette, m ake rules to carry out the provisions of this actpower to make rules(2) w ithout prejudice to the generality of the foregoing power, such rules m ay provide for all or any of the following m atters, nam ely: —(a) the salary and allowances and other term s and conditions of service of the presiding officer and the employees of a tribunal;10(b) the form and the m aim ef in which, and the time within which, an appeal shall be filed before a t ribunal and the feespayable for filing such appeal:(c) the m anner of certifying the copy of the certificate, to be forw arded to the recovery officer under sub-section (2) of section 8c; and15(d) any other m atter which has to be, or m ay be, prescribed by rules under this act2025(3) every rule made under this act shall be laid, as soon as m ay be after it is made, before each house of parliam ent, w hile it is in session, for a total period of th irty days w hich m ay be com prised in one session or in tw o or m ore successive sessions, and if, before the expiry of the session im m ediately following the session or the successive sessions aforesaid, both houses agree in m aking 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 thie case m ay be; so, however, th at any such modification or annulm ent shall be w ithout prejudice to the validity of anything previously done under th a t rulepower to remove difficulties3022 (1) if any difficulty arises in giving effect to the provisions of this act, as amended by the em ployees' provident fim ds and miscellaneous ptovisions (amendment) act, 1988, the central governm ent may, by order published in the official gazette, m ake such provisions, not inconsistent w ith the provisions of this a ct as appear to it to be necessary or expedient for the removal of the difficulty:35provided th at no such order shall be made after the expiry of a period of three years from the date on which the said am endm ent act receives the assent of the president(2) every order m ade under this section shall, as soon as m ay be after it is made, be laid before each house of parliam ent"26 in schedule iv to the principal act, for item s 6 and 7, the follow- 40 ing item shall be substituted, nam ely: —amendment of schedule iv"6 the scales of insurance benefits and conditions relating to the grant of such benefits to the employees"amendment of act 45 186027 in section 405 of the indian penal code, in explanation 1, after the words "being an employer", the words and figures "of an establish-45 m ent w hether exem pted under section 17 of the employees' provident19 of 1951 funds and miscellaneous provisions act, 1952 or not" shall be insertedthe em ployees' p rovident f unds and m iscellaneous provisions act, 1952 provides for the institution of com pulsory provident fund, f am ily pension fund and d eposit l inked insurance fund, for the benefit of the em ployees in factories and other establishm ents the act is a t present applicable to 173 industries and classes of establishm ents em ploying tw enty or m ore persons as on 31-3-1987, about 166 lavh establishm ents w ith about 138 crore subscribers w ere covered under the act2 the act was last am ended in 1976 the g overnm ent had set up a high level c om m ittee in april, 1980 to review the w orking of the em ployees' p rovident funds organisatio!i and to suggest im p rovanents the c om m ittee had m ade a num ber of recom m endations involving am endm ent of the act the c entral b oard of trustees, em ployees' provident fund had also, from tim e to tim e, m ade certain recom m endations for am endm ent of the act the s tanding l abour c om m ittee had at its m eeting held in septem ber, 1986 considered inter alia the question of enhancem ent of the ra te of provident fund contribution and recom m ended suitable enhancem ent3 based on the above recom m endations, it is proposed to carry out certain am endm ents in th e act some of the m ore im portant am endm ents are:—(i) the num ber of representatives of the organisations of th e em ployers and the em ployees on th e c entral b oard of t rustees is being raised from 6 each to iq each, so as to provide greater re- {oesentation to the em ployers and em ployees on the board a provis i ^ is also being maefe fbr setting up an bxeeutive cthnmittee to assist the board in the discharge of its functions;(ii) the c entral board is being given enhanced powers in th e m atter of appointm ent of officers and staff, creation of posts, specifying m ethods of recruitm ent, salary and allowances, etc, of its officers and staff, for the sm ooth functioning of th e schemes adm inistered by it;(iii) the m inim um ra te of provident fund contribution is being enhanced from 6-1/4 to 8-1/3 per cent, of b a^c wages a n enabling provision is also being m ade for raising the rate of contribution from 8-1/3 per cent, to 10 per cent;(iv) a provision is being m ade for setting up an independent m achinery, for recovery of the outstanding am ount of provident fund and other dues under the act;(v) a provision is being m ade for setting up one or m ore singlem em ber tribunals, for hearing of appeals filed against the order of provident fund authorities in the m atter of applicability of the provisions of the act, assessment of dues and levy of d a m a ^ , etc;(vi) a provision is being made for treating the entire amount of arrears of provident fund dues as first charge on the assets of an establishment in the event of its liquidation;(vii) the existing jjenal provisions are being made more stringent a suitable provision is also being made for charging of simple interest on belated payment of any amount due under the act;(viii) the existing legal and penal provisions, as applicable to imexempted establishments, are being made applicable to exempted establishments, so as to check the defaults on their part;(ix) the establishments belonging to or under the control of the c^tt£^ qovmuo/ent or ctoyenumqnt and e^tablisbineiits set vp under either an act of parliam ent or state legislature^ whose employees are entitled to the benefit of contributory provident fund or old age pension under any rule or scheme governing them are being excluded from the purview of the act, so as to enable the employeies' provident funds organisation to concentrate on establishments whose employees are not entitled to the benefit of provident fund or pension under any otho- law or scheme;(x) a provision is also being made for authorising the unexempted establishments employing 100 or more persons to m aintain the provident fund accounts of their employees subject to certain conditions, so as tc ensure prompt service to the memberst te notes on clauses explain in detail the provisions of the bill4 'kie bui seeks to achieve the above objectsn e w d e l h i;the 13th april, i m jagdish tytlerclause 1 relates to short title and com m encem ent of the proposed legislationclause 2 seeks to am end section 1 of the act so as to em pow er the c entral provident fund commissioner, instead of the c entral g overnm ent, for extending the provisions of the a ct to an establishm ent on and from th e date of agreem ent betw een the em ployer and th e em ployees or from any subsequent dateclause 3 seeks to in sert new definitions of "authorised officer", "prescribed", "recovery office" and "tribunal" in section 2 of the act and also proposes to am end the definition of "basic w ages" to include th e em oluments paid to an employee oh holiday, and the d^uoition of "employee"to include a person em ployed by or through a contractor or engaged as an apprenticeclause 4 seeks to am end section 5a of the a ct to efeect certain changes in the constitution of the c entral b oard and provides for the appointm ent of a v ice-chairm an and also to increase the num ber of persons representing the em ployers and the employees from six to ten it also seeks to insert sub-sections (5) to (9) sub-section (5) seeks to provide th at the c entral b oard shall m aintain proper accounts of its income and expenditure, in such form and in such m anner, as m ay be specified in the scheme sub-section (6) provides th a t the accounts of th e c entral b oard shall be audited annually by the c om ptroller and a uditor-g eneral of india sub section (7) provides th a t th e c om ptroller and a uditor-g eneral of india and any person appointed by him in this behalf shall have the sam e rights and privileges and authority in connection w ith such audit as th e c om ptroller and a uditor-g eneral has in connection w ith the audit of g overnm ent accounts sub-section (8) provides th at th e accounts of th e c entral board, as certified by the com ptroller and a uditor-g eneral of india or any other person appointed by him in this behalf, together w ith the audit report thereon shall be forw arded to the c entral board, w hich shall forw ard the sam e to the c entral g overnm ent together w ith the com m ents on the report of the com ptroller and a uditor-g eneral subsection (9) provides th a t th e c entral b oard shall subm it an annual report to the c entral g overnm ent about its w ork and activities and the c entral g overnm ent shall cause a copy of th e annual report, the audited accounts, together w ith th e report of the com ptroller and a uditor- g eneral of india and the com m ents of th e c entral b oard thereon, to be laid before each house of parliam entclause 5 seeks to insert new section 5aa for constituting an executive com mittee to assist th e c entral board in the discharge of its functions the composition of the said com m ittee shall be as specified in sub-section(2) of th at section sub-section (3) provides th a t th e term s and conditions, subject to w hich the m em ber of th e executive com m ittee m ay be appointed or elected; th e tim e, place and procedure of th e m eetings of the com m ittee shall be as specified in the schemeclause 6 seeks to am end sub-sections (2), (3), (4), (6) and (7) ot •ection 5d w ith a view to vesting the c entral g overnm ent w ith tlte pow er to appoint the m nancial a dviser and chief accounts officer and the c entral board w ith pow er to appoint other officers and regulate their m ethod of recruitm ent, salary and allowances and other conditions of service subject to the restrictions provided thereinclause 7 seeks to insert new section 5dd providing th at the acts done or proceedings taken by the c entral board or the executive committee or the s tate board shall not be questioned on the groim d m erely of the existence of any vacancy in, or defect in th e constitution of, such boards or committeeclause 8 seeks to am end section 5e to em pow er the c entral board to delegate its pow ers and functions to the executive com mittee, th e chairm an of the board or to any of its officersclause 9 seeks to am end section 6 of the a ct to increase the rate of contribution payable by the em ployer to eight and one-third per cent, and also giving option to the employee, if he so desires, to increase his ra te of contribution a t a rate exceeding eight and one-third per cent, of his basic wages and allowances in respect of the establishm ents notified by the c entral governm ent, the ra te of contribution payable by the em ployer is being increased from eight per cent, to ten per centclause 10 seeks to am end section 7a of the a ct to em pow er certain additional authorities to decide disputes relating to the applicability of the act a new provision as sub-section (3a) is being inserted to provide th at w here an employer, em ployee or any other person required to attend the inquiry fails to attend such inquiry w ithout any valid reason or fails to produce any document, the com petent authority m ay pass an order d ^ id in g the applicability of the a ct or determ ining the am ount due from the em ployer on the basis of evidence adduced and the records available sub-section (4) of section 7a is being substituted by a new sub-section to provide th at w here an order is passed under sub-section (1) against an em ployer ex parte, he may, w ithin the tim elim its specifiedr therein, apply to the officer to set aside the same, and if he satisfies the officer, about the conditions referred to therein, the said officer shall m ake an order, setting aside his earlier order and shall appoint a date for proceeding w ith the inquiry sub-section (5) provides for giving notice to the other party before setting aside an order as referred to in sub-section (4) i clause 11 seeks to insert new sections 7b to 7q:section 7b empowers the authorities w ith the pow er to review th eir orders passed by them im der sub-section (1) of section 7a subject to the lim itations provided in the new sectionsection 70 em powers the authorities to determ ine the escaped am ount w hich is payable by an employersection 7i> provides for the constitution of one or m ore employees' provident funds a ppellate tribunals to entertain appealssection 7e provides th at the term of office of the presiding officer of a t ribunal shall be five years or until he attains the age of 62 yearssection 7f relates to resignation and rem oval of th e presiding officer-5 isection 7g seeks to provide for the salary and allowances and other term s and conditions of service of the presiding officersection 7h em powers the c entral g overnm ent to determ ine the n atu re and categories of the staff of the tribunalsection 7-1 provides for the filing of appeals before t ribunals and the procedure to be follow ed in prefering such appeals and other connected m attersj section 7j provides for thte procedure to ble follow ed b j af t ribunal in discharging its functions i asection 7k seeks to provide th a t the person m aking an application to a t ribiinal m ay either appear in person or through a legal practitioner and, sim ilarly, the c entral g overnm ent or th e state g overnm ent m ay re p re ^ n t their case through any presenting officersection 7l lays down the procedure to be followed by a t ribunal in passing orders and also am ending its orders to rectify any m istakes apparent from the recordsection 7m em powers the c entral g overnm ent to fill up the vacancy occurring in the office of the presiding officersection 7n seeks to provide th at the orders of the c entral g overm nent appointing any person as the presiding officer shall not be called in question in any m anner nor the proceedings of a t ribunal shall be called in question on the grounds referred to thereinsection 7-0 provides for the deposit of seventy-five p er cent, of the am oim t due from the em ployer before an appeal is entertained by the tribunal the t ribunal is, how ever, em pow ered to w aive or reduce the said am oim t for reasons to be recorded in w ritingsection 7p provides for the transfer of certain applications relating to disputes regarding applicability of the a ct to certain establish m ents, now pending before the c entral g overnm ent, to a tribunal on its constitutionsection 7q provides for paym ent of interest at the ra te specified therein in respect of any am ount due from the em ployerclause 12 seeks to am end section 8 to provide th a t any am oim t due from the em ployer shall be recovered in the m anner specified in the new sections 8b to 8bclause 13 seeks to am end section 8a to om it the words "on the basis of such contribution" from sub-section (1) of th at section so th at the charges for m eeting the cost of adm inistering the fund are no longjer calculated on the basis of contributionsclause 14 seeks to insert new sections 8b to 8g sections sb to 8e provide for th e detsuled procedure for recovering the am ount due from the em ployer by attaching and selling the m ovable or im m ovable property if the establishm ent or the em ployer or by effecting arrest and detention of the em ployer or by appointing a receiver for the m anagem ent of the properties of the establishm ent or the em ployer on the issue of a certificate by the authorised officer to the recovery officer the provisions also lay dow n the detailed procedure to be followed by the authorised officer to issue the certificate and the recovery officer who would effect the recovery of the am ount due from the employer:section 8f em powers the c entral provident funds commissioner to recover the am ount due from the employer, from any other person and from whom the money is due to the em ployer and provides for detailed procedure to be followed and for other connected m atterssection 8g seeks to apply the provisions of the second and third schedules of the incom e-tax act, 1961 and the incom e-tax (certificate proceedings) rules, 1962 for the purpose of effecting the recovery of any am ount due from the employerclause 15 seeks to am end section 10 of the act to provide th at an am ount standing to the credit of any m em ber referred to in that section shall not be liable to attachm ent under any decree or order of any courtclause 16 seeks to am end sub-section (2) of section 11 of the act to m ake it clear th at the priority for paym ent of the am ount w ill extend to the contribution payable by the em ployer alsoclause 17 seeks to amend section 13 of the act to effect certain consequential changesclauses 18 arid 19 seek to am end sections 14 and 14aa of the act to m ake penal provisions m ore stringentclause 20 seeks to am end section 14b of the act to make it clear that power to recover damages is by w ay of penalty and the damages to be recovered w ill not exceed the am ount of arrears payable by the employer it also seeks to provide for reduction or w aiver of damages by the central board in cases of sick industrial companiesclause 21 seeks to amend section 16 of the act to m ake it clear th at the act shall have no application in respect of an establishm ent belonging to or under the control of the central g overnm ent or a state govern m ent and an establishm ent set up under any act of parliam ent or of a state legislature subject to the conditions specified therein it also seeks to provide for uniform infancy period of three years for coverage of establishm ents under the act and taking powers to grant exemptions w hether prospectively or retrospectivelyclause 22 seeks to insert new section 16a to em power certain employers to m aintain the provident funds accounts themselves subject to the conditions specified thereinclause 23 seeks to amend section 17 to provide for consultation w ith the central board before granting exemptions by the appropriate govern m ent and taking power to grant exemption w hether prospectively or retrospectively new provisions are being inserted which provide that in case of exem ption granted under clause (a) of sub-section (1) of section 17, the em ployer shall establish a board of trustees for the adm inistration of th e provident f und and such b oard shall perform the duties specified in clause (d) of new sub-section (la ) and they w ill be liable to punishm ent under section 14 (2a) for contravention of any of the provisions of th e said clause (d) sub-section (1c) seeks to confer pow ers for granting exem ption from the operation of the em ployees' fam ily pension schem e and th e em ployees' d eposit-linked insurance schem e on the c entral p rovident fim d commissioner instead of the c entral g overnm ent it also provides for transfer of the am ount forfeited from the em ployer's share of contribution to the board by the exem pted establishm ents in the event of cancellation of th eir exem ptionclaiise 24 seeks to substitute section 18 of the a ct by new sections 18 2nd isa section 18 provides th at no suit or prosecution or other legal proceeding shall lie against the c entral g overnm ent, state g overnm ent, th e presiding officer of a tribunal, any authority referred to in section 7a, an inspector or any other person for anything w hich is done or intended to be done in good faith in pursuance of the act or various schemes section 18a provides th a t th e presiding officer of a t ribunal and other officers under the a ct shall be public servants w ithin the m eaning of section 21 of the indian p enal codeclause 25 seeks to substitute section 19a of the a ct by new sections20, 21 and 22 section 20 em powers the c entral g overnm ent to issue directions to the c entral b oard for the efficient adm inistration of the act section 21 em powers th e c entral g overnm ent to m ake rules to carry out th e provisions of th e act section 22 em pow ers the c entral g overnm ent to rem ove any dif&cultles arising in giving effect to i3ie provisions of th e a ct as am ended by th e proposed legislation by issuing an order in th e official g azette |clause 26 seeks to am end schedule iv of the a ct to substitute a new item for item s 6 and 7 the new item relates to scales of insurance benefits and conditions relating to th e g ran t of such benefits to the employees w hich m ay be specified in the em ployees' deposit-linked insurance schemeclause 27 seeks to am end explanation 1 of section 405 of the indian p enal code to m ake it clear th a t the em ployer referred to therein w ill include smy em ployer of establishm ent exem pted under section 17 of the actclause 4 of the bill seeks to am end section 5a of the act to provide interdlia for raising the num ber of representatives of employers and employees on th e c entral board of trustees, em ployees' provident fund, from six each to ten each and entrusting the audit of the accounts of the c entral board to the com ptroller and a uditor genera] of india the non-official m em bers of the c entral board would have to be paid travelling allowance and daily allowance for attending the m eetings of th at board, w hich norm ally m eets twice a year the com ptroller and a uditor g eneral of india will have to be paid necessary fees for auditing the accoints the recurring expend itu re involved on these accounts is estim ated at rs 12,000 and rs 14 lakhs per annum respectively2 clause 5 of the bill seeks to insert a new section 5aa for setting up cf an executive com mittee to assist the central board this comm ittee is expected to m eet at least once in every quarter there will be six non-official m em bers on this committee these m em bers 'vill have to be paid travelling allowance and daily ellow'i'ice for attending the m eetings of the committee the recurring expenditure involved on this accoimt is estim ated at rs 20 000 per annum3 clause 11 of the bill seeks to insert new sections 7b to 7q the new section 7d provides for setting up one or more aope-late tribu-' nals for hearing appeals against the orders of the re?'onal provident fund commissioners in the m atter of applicability of the act assessm ent of dues, etc a t ribunal w ill be headed by a presiding officer, who m av be a serving or retired judge of a high court the new section 7h provides for appointm ent of supporting staff of a tribunal to begin with, there m ay be one tribunal w ith headquarters in new delhi the estim ated recurring expenditure on paym ent of salary and allowances to the presiding officer and his supporting staff, rent, office expenses, etc, is estim ated at rs 6 lakhs per annum in addition, there m av be non-recurring expenditure of rs 50000 on the purchase of furniture and other office equipm ent for the tribunal4 clause 14 of the bill seeks to insert new sections 8b to 8g these sections em power the provident fund authorities to recover the arrears of provident fund dues for this purpose, suitable m achinery will have to be set up in all the sixteen regional offices of the emrjlovpes' provident funds organisation and the headquarters office in delhi the recovery m achinerv in u ttar pradesh, m adhva pradesh, west bengal, m aharashtra, tamil nadu, b ihar and orissa regions, where the arrears exceeds rs 3 crores, m ay be headed by regional provident fund commissioner grade-ii, in the scale of pay of rs 3000—4'500 and in the rem aining 9 reffions the recovery m achinery m ay be headed bv an officer of the rank of assistant provident fund commissioner in the scale of pay of rs 2200—4400 the headquarters office in d elhi w ill have an officer in the grade of rs 3700—5000 to supervise the w orking of recovery m achineries in th e states a ll these officers w ill have to be provided suitable supporting staff like enforcem ent officers, personal a ssistants, u pper division clerks, l ow er division clerks and peons the total posts required, including those of officers, w ill be about 180 and the total recurring expenditure on paym ent of salary and allowances of the otficers and staff is estim ated at about rs 57 lakhs per annum the recurring expenditure on travelling allow ance and office expenses is estim ated a t rs 6 lakhs per annum in addition, there m ay be nonrecurring expenditure of about rs 340 lakhs on purchase of furniture and office aquipm ent for the office of the recovery officers t here w ill be no additional expenditure on paym ent of ren t as recovery m achineries will function from the existing offices of the regional provident fund commissioner5 the total expenditure on enforcem ent of the provisions of clauses4, 5, 11 and 14 is estim ated at rs 8332 lakhs (recurring) and rs 390 lakhs (non-recurring) a bout ninety per cent, of the expenditure involved is likely to be m et from the adm inistrative charges payable by the em ployers under the em ployees' provident fund scheme and the em ployees' d eposit-linked insurance scheme the rem aining ten per cent, of the expenditure w ill be m et by the c entral g overnm ent from the consolidated fund of india by w ay of adm inistrative cost tow ards the em ployees' fam ily pension schem e and the em ployees' depositlinked insurance scheme i t6 the bill does not involve any other expenditure of a recurring or non-recurring naturesub-clause (b) of clause 4 of the bill seeks to insert sub-sections (5) to (9) in section 5a new eub-section (5) tm pow ers the c entral governm ent to specify in the scheme, after consultation w ith the comp troller and a uditor-g eneral of india, the form and m anner in which the c entral board shall m aintain accounts of its income and expenditure2 clause 5 of the bill seeks to insert a new provision as section 5aa relating to the constitution of executive committee sub-section (3) of the new section 5aa provides th at the term s and conditions, subject to w hich the m em ber of the executive com m ittee m ay be appointed or elected, and the tim e, place and procedure for the m eetings of the executive com m ittee shall be such as m ay be provided for in the scheme3 clause 8 of the bill seeks to am end section 5e of the a ct so as to em power the c entral board to delegate to th e executive com m ittee or to the chairm an of the board or to any of its oflbcers such of its powers and functions under the a ct as it m ay deem necessary for the eflbcient adm inistration of the scheme, th e fam ily pension schem e and the insurance scheme sim ilarly, the s tate board m ay delegate its powers to its chairm an or to any of its officers4 clause 11 of the bill seeks to insert inter alia new sections 7b, 7g, 7h and 7-1 the proposed sub-section (2) of section 7b empowers the c entral g overnm ent to specify in the scheme the form, m anner and tim e for filling an application for review under sub-section (1) of th at section the proposed section 7g and sub-section (3) of section 7h em power the c entral g overnm ent to prescribe by rules the salary, allowances and other term s and conditions of services of the presiding officer and other employees of a tribimal sub-section (2)' of section 7-1 empowers the c entral g overnm ent to prescribe the form, m anner and the tim e w ithin w hich appeals shall be filed before the em ployees' provident funds a ppellate tribunal and the fees for filing such appeals5 clause 14 of the bill seeks to insert new sections 8b to 8g subsection (2) of new section 8c provides th at the m anner of certifying the copy of the certificate to be forw arded to the recovery officer m ay be specified by rules ' j6 clause 20 of the bill seeks to am end section 14e of the act to enable the c entral provident fund commissioner or such other officer as m ay be authorised by the c entral g overnm ent to recover from the employer, by w ay of penalty, such damages not exceeding the am ount of arrears as m ay be specified in the scheme the central board is also being em powered to reduce or w aive the damages levied under that section in relation to an establishm ent which is a sick industrial company l, ' - in respect of w hich a schem e for rehabilitation has been sanctioned by th e b oard for industrial and financial reconstruction, subject to such term s and conditions as m ay be specified in th e schemeclause 23 of the bill seeks to am end section 17 sub-clause (b) of th at clause seeks to substitute new sub-sections for sub-section ( la ) clause (c) of new sub-section (la ) em pow ers th e c entral g overnm ent to specify in the schem e the term s and conditions of service of m em bers of the board of t rustees w hich m ay be established by th e em ployes under clause (b) of th at sub-section '8 clause 26 of the bill seeks to insert new sections 20 to 22 section20 em powers the c entral g overnm ent to give directions to the c entral board for the efficient adm inistration of the act section 21 em pow ers the c entral g overnm ent to m ake rules to carry out the provisions of the act section 22 em pow ers th e central' g overnm ent to rem ove any difficulty v/hich arises in giving effect to any provision of the act as proposed to be am ended by this bill subject to th e condition th a t no order for rem oving the difficulty shall be m ade after th e expiiy of a period of three years from the date of assent of the p resident to this legislation9 the m atters in respect of v/hich rules, schemes, directions or orders m ay be m ade under the aforesaid provisions are m atters of procedure and adm inistrative detail the said delegation of legislative pow er is therefore, of a norm al character e xtracts fro m th e e m pl o y e e s' p rovident f unds and m iscellaneoot p rovisions a ct^ 1952(19 of 1952)♦ he ♦ «1 (1) ♦short^^tottand n otw ithstanding anything contained in sub-section (3) of this application section or sub-section (i) of section 16, w here it appears to the central governm ent, w hether on an application m ade to it in this behalf or otherw ise, th at the em ployer and the m ajority of employees in relation to any establishm ent have agreed that the provisions of this act should be m ade applicable to the establishm ent, it may, by notification in the official gazette, apply the provisions of this act to that'establishm ent2 in this act, unless the context otherw ise requires,—defioi ^tiont ♦ - ♦ ♦ «(b) "basic wages'" m eans all em olum ents w hich are earned by an employee w hile on duty or on leave w ith wages in accordance w ith the term s of the contract of em ploym ent and which are paid or payable in cash to him, but does not include—(i) the cash value of any food concession;(ii) any dearness allowance (that is to say, all cash paym ents by w hatever nam e called paid to an employee on accoiiht of a rise in the cost of living), house-rent allowance^ overtim e allowance, bonus, commission or any other sim ilar allowance payable to the employee in respect of his em ploym ent or of w ork done in such em ploym ent;(iii) any presents made by the employer;(/) "employee" means any person who is employed for wages in any kind of work, m anual or otherwise, in or in connection with the w ork of an establishment^ and who gets his wages directly or indirectly from the employer, and includes any person employed by or through a contractor in or in connection w ith the work of the establishm ent;centr? 5a (i) the central governm ent may by notification in the official board gazette, constitute, w ith effect from such date as may be specified therein, a board of trustees for the territories to which this act extends(hereinafter in this act referred to as the central board) consisting of the following persons, namely: —(a) a chairman to be appointed by the central government; ♦ (d) six persons representing employers of the establishments to which the scheme applies, appointed by the central government after consultation with such organisations of employers as may be recognised by the central governntent in this behalf; and(e) six persons representing employees in the establishments to which the scheme applies, appointed by the central government after consultation with such organisations of employees as may be recognised by the central government in this behalf5d (i) ♦ - - appointment of(2) the c entral g overnm ent m ay also appoint as m any d eputy prooncersj vident f und commissioners, regional provident fund commissioners and other officers w hose m axim um m onthly salary is not less than five hundred rupees, as it m ay consider necessary to assist th e c entral p rovident fund com missioner in the discharge of his duties(3) the c entral b oard m ay appoint such other officers and em pl03rees as it m ay consider necessary for the efficient adm inistration of th e scheme, the fam ily pension schem e and the insurance scheme(4) no appointm ent to the post of th e c entral provident f und comm issioner or d eputy provident f und com missioner or regional provident f und com missioner or to any other post under the c entral board carrying a m axim um m onthy salary of not less than five hundred rupees shall be m ade except after consultation w ith the union public service coiimiission:provided th at no such consultation shall be necessary in regard to any such appointm ent—13 (1) (b) if the person to be appointed is at th e tim e of his appointm ent—♦ (ii) in the service of the c entral g overnm ent or a s tate g overnm ent or the c entral b oard in a class i or class ii post♦ ♦ ♦ ♦ (6) the m ethod of recruitm ent, salary and allowances, discipline and other conditions of service of the c entral provident f und commissioner, d eputy provident fund commissioner and regional provident fund commissioner shall be such as m ay be specified by the c entral g overnm ent and such salary and allowances shall be paid out of the fund(7) the m ethod of recruitm ent, salary and allowances, discipline and other conditions of service of the other officers and employees of the c entral board shall be such as m ay be specified by the central board w ith the approval of the c entral g overnm ent ♦ ♦ 5e the c entral b oard m ay, w ith the p o o r approval of the centaral g overnm ent and a s tate b oard may^ withf the prior approval of the state g overnm ent concerned, delegate to its chairm an or to any of its officers, subject to such conditions and lim itations, if any, as it may specify, such of its povsrers and functions im der this a ct as it m ay deem necessary for the efficient adm inistration of the scheme, the fam ily pension schem e and the insurance schemecontributions and matters which may be provided for in schemes6 the contribution w hich shau be paid by th e em ployer to the fund shall be six and a q uarter per cent, of the basic wages, dearness allowance and retaining allowance (if any) for the tim e being payable to each of the em ployees (w hether em ployed by him directly or by or through a contractor), and th e em ployees' contribution shall be equal to the contribution payable by the em ployer in respect of him and may, if any em ployee so desires and if the scheme m akes provision therefor, be an am ount not exceeding eight and one-third per cent, of his basic wages, dearness allowance and retaining allowance (if any); iprovided th at in its application to any establishm ent or class of establishm ents w hich the c entral g overnm ent, after m aking such enquiry as it deems fit, m ay by notification in the official g azette specify, this section shall be subject to the modification th a t for the words "six and a quarter per (fent", the w ords "eight p er cent" shall be substituted:provided fu rth er th at w here the am ount of any contribution payable under this act involves a fraction of a rupee^ the scheme m ay provide for the rom iding off of such fraction to the nearest rupee, half of a rupee or quarter of a rupeeexplanation 1—^for the purposes of this section, dearness allowance shall be deemed to include also the cash value of any food concession allowed to the employeeexplanation 2—for th e purposes of this section, "retaining allowance" m eans an allowance payable for the tim e being to an employee of any factory or other establidm ient during any period in w hich the establishm ent is not working, for retaining his servicesi employ, ers7a (1) the c entral provident fxmd commissioner, any deputy provident f und commissioner or any regional provident fund commissioner may, by order, determ ine the amoimt due from any em ployer under any provision of this act, the scheme or the fam ily p enaoh schem e or the insurance scheme, as the case m ay be, and for this purpose m ay conduct such inquiry as he m ay deem necessary(3) no order determ ining the am ount due from any em ployer shall be m ade im der sub-section (i), unless the em ployer is given a reasonable opportunity of representing his casef(4) an order m ade xmder thi^ section shall be be questioned in any court of lawfinal and shall not 8 a ny am ount due—mode of recovery'ofmoneysduefrom employers(a) from the em ployer in relation to an establishm ent to w hich any schem e or th e insurance scheme applies in respect of any con tribution payable to the fund or, as the case m ay be, th e insurance fund, dam ages recoverable under section 14b, accuonulations required to be transferred under sub-section (2) of section 15 or under sub-section (5) of section 17 or any charges payable by him under any other provision of this a ct or of any provision of th e scheme or the insurance schem e; or(b) from the em ployer in relation to an exem pted ^tabk shm ent in respect of any dam ages recoverable under section 14b or any charges payable by him to the appropriate g overnm ent xmder any provision of this act or under any of th e conditions q>ecified xm3er section 17 or in respect of the contribution payable by him tow ards the fam ily pension scheme under the said section 17, may, if the am ount is in arrear, be recovered by the c entral provident fund commissioner or such other officer as m ay be authorised- by him , by notification in the official g azette, in this behak in th e sam e m anner as an arrear of land revenuerecovery of moneys by employers and contractors8a (i) the am ount of contribution (that is to say the em ployer's contribution as w ell as the em ployee's contribution in pursuance of any scheme and the em ployer's contribution in pursuance of the insurance schem e), and any charges on the basis of such contribution for m eeting the cost of adm inistering the fund paid or payable by an em ployer in respect of an em ployee em ployed by or through a contractor m ay be recovered by such em ployer from the contractor, either by deduction from any am ount payable to the contractor under any contract or as a debt payable by the contractor10 (1) h: ♦ ♦ protectionagainstattachment(2) any am ount standing to the credit of a m em ber in the fund or of an exem pted employee in a provident fund at the tim e of his death and payable to his nom inee under the scheme or thie rules of th e provident fund shall, subject to any deduction authorised by the said scheme or rules, vest in the nom inee and shall be free from any debt or other liability incurred by the deceased or the nom inee before the death of the m em ber of the exem pted employee11 (1) ^ o rity of payment if countributions overotherdebts(s) without prejudice to the provisions of sub-section (i), if any amount is due from an employer in respect of thef employee's contribu tion (deducted from the wages of the employee) for a period of more than six months, the amoimt so due shall be deemed to be the first charge on the assets of the establishment, and shall, notwithstanding anything contained in any other law for the time being in force, be paid in priority to au other debts13 (j) ♦ xc ♦5 of 1860(3) every inspector shciu be deemed to be a public servant w ithin the m eaning of section 21 of the indiein p enal code14, (i) w hoever, for the purpose of avoiding any paym ent to be m ade by him self under this act, the scheme, the fam ily pension scheme or the insurance schem e or of enabling any other person to avoid such paymient, know ingly m akes or causes to be m ade any false statem ent or fal^e representation shall be punishable w ith im prisonm ent for a term w hich m ay extend to six m onths, or w ith fine w hich m ay extend to one thousand rupees, or w ith both(ia) a n em ployer who contravenes, or m akes default in com plying w ith, the provisions of section 6 or clause (a) of sub-section (3) of section 17 in so far as it relates to the pajonent of in^>ection charges, or paragraph 38 of the scheme in so far as it relates to the paym ent of adm inistrative charges, shall be punishable w ith im prisonm ent for a term which m ay extend to six months, but—(a) which shall not be less than three m onths in case of default in paym ent of the employees' contribution which has been deducted by the em ployer from th e em ployees' wages;(b) w hich shall not be less than one m onth, in any other case;and shall also be liable to fine w hich m ay extend to tw o thousand rupees:provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentraice of imprisonment for a lesser term or of fine only in lieu of imprisonment(ib) a n em ployer who contravenes, or m akes default in complying w ith, the pro'^sions of section 6c or clause (a) of sub-section (3a) of section 17 in so far as it relates to the paym ent of inspection charges, shall be punishable w ith im prisonm ent for a term w hich m ay extend to six m onths but which shall not be less than one m onth and shall also be liable to fine w hich m ay extend to two thousand rupees:provided th at the court may, for any adequate and special reasons to be recorded in the judgm ent, impose a sentence of im prisonm ent for a lesser term or of finie only in lieu o f im prisoim ent(2) subject to the provisions of this act, the scheme, the fam ily pension scheme or the insurance scheme m ay provide th a t any peraon w ho contravenes, or m akes default in complying with, any of the provisions thereof shall be pim ishable w ith im prisonm ent for a term which m ay extend to six m onths, or with fine which m ay extend to one thousand rupees, or w ith both{za) "^wioever contravenes or m akes default in com plying w ith any provision of this a ct or of an y condition subject to w hich ex « n p - tlon w as granted under section 17 shall, if no other penalty is elsew here provided by or under this a ct for such contravention or non-complianoe, be punishable w ith im prisonm ent w hich m ay extend to th ree m onths, or w ith fine w hich m ay extend to one thousand rupees, or w ith bothbnhanced punishment in certain cases after previous conviction14aa w hopver, having been convicted by a court of an offence punishable vinder this a ct, th e schem e or th e fam ily pension schem e or the insurance schem e, com m its the same ofieenoe shall be subject for every such subsequent offence to im prisonm ent for a term w hich m ay extend to one year b u t w hich shall not be less th an th ree m onths and shall also be liable to fine w hich m ay extend to four thousand rupees 4: « « power to recover damages14b w here an em ployer meikes default in the paym ent of any contribution to th e fim d, th e fam ily pension f und or th e insurance f und or in th e transfer of accum ulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 or in the paym ent of any charges payable under any other provision of this a ct or of any schem e or insurance schem e or under any of th e conditions specified under section 17, the c entral p rovident fund commis sioner or such other officer as m ay be authorised by th e c entral g overnm ent, by notification in th e official g azette, in this behalf m ay recover from the em ployer such dam ages, not exceeding the am ount of arrears, as it m ay think fit to impose:prov|ided th a t before levying and recovering such damages, the em ployer shall be given a reasonable opportunity of being heard16 (1) this a ct shall not apply— « « act not to apply to certain establishments(b) to any other establishm ent em ploying fifty or m ore persons or tw enty or m ore, b u t less than fifty, persons until the expiry of three years in th e case of th e formier and five years in th e case of the latter, from th e date on w hich th e establishm ent is, or has been, set upexplanation—^for the rem oval of doubts, it is hereby declared th at an establishm ent shall not be deem ed to be new ly set up m erely by reason of a change in its location(2) if th e c entral govemmjent is of opinion th at having regard to the financial position of any class of establishm ents or other circum stances of th e case, it is necessary or expedient so to do, it m ay, by notification in the official gazette, and subject to such conditions as m ay be specified in th e notification, exem pt th at d a ss of establishm ents from the operation of this a ct for such period as m ay be specified in the notificationpower to ocempt17 (i) the appropriate g overnm ent m ay, by notification in the o fficii g azette, and subject to such conditions as m ay be specified in flxe notification, exem pt from th e operation of all or any of the provisions of any schem e—13 (1) (la) the c entral g overnm ent may, by notification in the official gazette, and subject to such conditions as m ay be specified in the notification, exem pt from the operation of all or any of the provisions of the fam ily pension scheme, any establishm ent if the employees of such establishm ent are in enjoym ent of benefits in the natuj^ of family pension, and the c entral g overnm ent is of opinion th a t such benefits are on the whole not less favourable to such employees than the benefits provided under this act or the fam ily pension scheme in relation to employees in any other establishm ent of a sim ilar character(2a) the c entral g overnm ent may, if requested so to do by the em ployer, by notification in the ofibfial g azette, and subject to such conditions as m ay be specified in th e notification, exem pt any establish m ent from the operation of all or any of th e provisions of the insurance scheme, if it is satisfied th a t the employees of such establishm ent are, w ithout m aking any separate contribution or paym ent of premium , in enjoym ent of benefits in the n ature of life insurance, w hether linked to their deposits in provident fund or not, and such benefits are m ore favourable to such em ploye^ than th e benefits admissible under the insurance scheme(3a) w here, in respect of any person or class of persons employed in any establishm ent, an exem ption is granted under sub-section (2a) or sub-section (2b) from the operation of all or any of the provisions of the insurance schem e (w hether such exem ption is granted to the establishm ent w herein such person or class of persons is employed or to the person or class of persons as such), th e em ployer in relation to such establishm ent—(b) shall not, at any tim e after th e exem ption w ithout the leave of the c entral governm ent, reduce the total quantum of benefits in the n ature of life insurance to w hich any such person or class of persons was entitled im m ediately before th e date of the exem ption; and(c) shall, w here any such person leaves his emplo3rm ent and obtains re-em plo3rm ent in any other establishm ent to w h ld i this a ct applies, transfer w itiiin such tim e as m ay be specified in this behalf by the c entral government, the am oim t of accumulations to the credit of th at person in the insurance fund of the establishm ent left by him to the credit of th at person's accoimt in the insurance fund of the establishm ent in which he is re-em ployed^ 01^ as th e case m ay be, in the deposit-linked insurance funht(4) any exem ption granted under this section m ay be canceljed by the authority which granted it, by order in w riting, if an em ployer fails to comply,— i(a) in the case of an exemption granted under sub-section (j), w ith any of the conditions imposed under th at sub-section or with any of the provisions of sub-section (3);(aa) in the case of an exem ption granted under sub-section (m ), w ith any of the conditions im posed under th at sub-section; and(5) w here any exem ption granted under sub-section (1), sub-section (la), sub-section (2), sub-section (2a) or sub-section (2b) is cancelled, the am ount of accum ulations to the credit of eveiy em ployee to whom such exem ption applied, in the provident fund, the fam ily pension fund or the insurance fund of th e establishm ent in w hich h e is em ployed shsill be transferred w ithin such tim e and in such m anner as m ay be specified in the schem e or the fam ily pension scheme or the insurance schem e to th e credit of his account in the fundi or the fam ily pension f und or tl ^ insurance fund, as th e case m ay be(6) subject to the provisions of sub-section (la), th e em ployer of an exem pted establishm ent or of an exem pted em ployee of an establishm ent to w hich the provisions of th e fam ily pension schem e apply, shall, notw ithstanding any exem ption granted under sub-section (i) or subsection (2 ), pay to the fam ily pension f und such portion of th e em ployer's contribution as w ell as the em ployee's contribution to its provident fund w ithin such tim e and in such m anner as m ay b e s t i f l e d in th e fam ily pension schmne - - -18 no suit or other legal proceeding shall lie against an inspector or any other person in respect of anything w hich is in good faith done or intended to be done under this act, the schem e or th e fam ily pension schem e or th e insurance schemeprotection for acts done in good faith19a if any difficulty arises in giving effect to the provisions of this act, and in particular, if any doubt arises as to—flower to remote difflcni tics(i) w hether an establishm ent w hich is a factory, is engaged in any industry specified in schedule i; or ,(ii) w hether any particular establishm ent is an establishm ent falling w ithin the c l^ s of establishm ents to w hich this a ct applies by virtue of a notification im der clause (b) of sub-section (3) of section 1; or(iii) the nim iber of persons em ployed in an establishm ent; or(iv) the niim bef of years w hich have elapsed from the date on w hich an establishm ent has been set up; or(v) w hether the total quantum of benefits to w hich an employee is entitled h as'b een reduced by the employer^the c entral g overnm ent m ay, by order, m ake such provision or give such direction, not inconsistent w ith th e provisions of this act, as appear to it to be necessary or expedient for the rem oval of the doubt or difficulty; and the order of th e c entral g overnm ent, in such cases, shall be final ; , l i (see section 6c)m attiers to be provided for in th e e m plo y ees' deposir-lxuked" i n surance s c h e m e6 the scales of insurance am ount w hich shall not be less than th e average balance in the account of the em ployee concerned in the f und or any other provident fund during a period of three years im m ediately preceding his death or m ore than rupees ten thousand7 the m inim um average balance to be m aintained by an employee in the fund or any other provident fim d to m ake hinn eligible for th e benefits under the scheme e x t r a c t trom t h e in d ia n p e n a l code, 1860 (45 o f 1860)of trustcrimi- 405 w hoever, being in any m anner entrusted w ith property, or w ith nal any dominion over property, dishonestly m isappropriates or converts to his own use th at property, or dishonestly uses or disposes of th at property in violation of any direction of law prescribing the mode in w hich such tru st is to be discharged, or of any legal contract, express or im plied, w hich he has m ade touching the discharge of such trust, or w ilfully suffers any other person so to do, commits "crim inal breach of tru st" explanation l ^ a person, being an employer, who deducts the employee's contribution from the wages payable to the employee for credit to a provident fund or fam ily pension fund established by any law for the tim e being in force, shau be deemed to have been entrusted w ith the am ount of the contribution so deducted by him and if he makes default in the paym ent of such contribution to the said fund in violation of the said law, shall be deemed to have dishonestly used the amoimt of the said contribution in violation of a direction of law as afo resaii a billfu rth e r to am end th e em ployees' provident phmds and m iscellaneous provisions act, 1952 and the indian penal code(shri jagdish tytler, m inister of state of the m inistry of lahmtr) | Parliament_bills | dde5abf3-182f-574d-8c3f-a456c39b08e7 |
the finance bill, 1956(as introduced in loic sabra) the finance bill, 1956 (as introduced·in lok sabra) a billto give effect to the financial proposals of the central government for the financial year 1956-57 be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may be called the finance act, 1956 short title 2 (1) subject to the provisions of sub-sections (2), (3) i (4) and income-tax and 8uper-s (5), for the year beginning on the 1st day of april, 1956,-tax (a) income-tax shall be charged at the rates specified in part i of the first schedule, increased in the cases to which pu-agraphs a, band c of that part apply, by a surcharge for purposes of the union at the rate specified therein in respect of each such 10 rate of income-tax; and (b) rates of super-tax shall, for the purposes of section 55 of the indian income-tax act, 1922 (hereinafter referred to as the ii of 1922 income-tax act), be those specified in part ii of the first schedule, increased in the cases to w!1ich paragraphs a, band c of that part is apply,by a surcharge for purposes of the union at the rate specified therein in respect of each such rate of super-tax 20 (2) in making any assessment for the year ending on the 31st day of march, 1957, there shall be deducted from the total income of an assessee, in respect of the earned income, if any, included therein,-(a) where such earned income does not exceed twenty-five thousand rupees, an amount equal to one-fifth of such earned income but not exceeding in any case four thousand rupees; (b) where such earned income exceeds twenty-five thousand rupees, the amount, if any, arrived at after dlfducting from four thousand rupees one-fifth of such excess :iopi ls (3) in making any assessment for the year ending on the 31st day of march, 1957,-(a) where the total income of an assessee, not being a company includes any income chargeable under the head "salaries" as reduced by the deduction for earned income appropriate there- 5 to, or any income chargeable under the head "interest on securities", or any income from dividends in respect of which by virtue of section 49b of the income-tax act he is deemed himself to have paid the income-tax imposed under-that act, the income-tax is of 19s5 payable by the assessee on that part of his total income which 10 consists of such inclusions shall be an amount bearing to the total amouht of income-tax payable according to the rates applicable under the operation of the fijlance act, 1955, on his fotal,income the same proportion as the amount of such inclusions bear to his total income; 15 (b) where the total income of an assessee, not being a company, includes any income chargeable under the head "salaries" on which super-tax has been or might have been deducted under the provisions of sub-section (2) of section 18 of the income-tax act, the super-ta:x: payable by the assessee on that portion of his 20 total income which consists of such inclusion shall be an amount bearing to the total amount of super-tax payable according to the rates applicable under the operation of the finance act, 1955, on is of 19s5 his total income the same proportion as the amount of such inclus'ion bears to his total income 25 (4) in making any assessment for the year ending on the 31st day of march, 1957,-(a) where the total income of a company includes any profits and gains from life insurance business, the super-tax otherwise payable by the company on the whole of such total income shall 30 be reduced by an amount which bears to that super-tax the same proportion as the amount of such inclusion bears to its total income or by an amount computed at the rate of-4 of 1938 (i) two annas in the rupee in the case of a mutual insurance company as defined in section 95 of the insurance act, 35 1938; and (ii) one-and-a-half annas in the rupee in the case of any other company; on the amount of such inclusion, whichever is less; (b) where the total income of an assessee, not being a com- 40 p~ny, includes any profits and gains from life insurance business, the income-t~ and sup2r-tax payable by the assessee on that part of his total income which consists of such inclusion shah be an amount bearing to the total amount of such taxes payable on his total income according to the rates applicable under the operation of the indian finance act, 1942, increased in respect of each 12 of 1942 such r~te by one-twentieth thereof, the same proportion as the amount of such inclusion bears to his total income, so however 5 that the aggregate of the taxes so computed in respect of such inclusion shall not in any case exceed the amount of tax payable qn such inclusion at the rate of five annas in 'the rupee (5) in cases to which section 17 of the income-tax act applies, the tax chargeable shall be determined as provided in that section, 10 and with reference to the rates imposed by sub-section (1), and in accordance with the provisions of sub-sections (2), (3) and (4) of this section, wherever applicable (6) for the purposes of making any deduction of income-tax in the year beginning on the 1st day of april, 1956, under sub-section is (2) or sub-section (2b) of section 18 of the income-tax act, from any earned income chargeable under the head "salaries", the estimated total income of ~he assessee under that head shall, in computing the income-tax to be deducted, be reduced-(i) where such earned income does not exceed twenty-five 20 thousand rupee!;, by an amount equal to one-fifth of such earned income but not exceeding in any case four thousand rupees; (ii) where such earned income exceeds twenty-five thousand rupees, by the amount, if any, arrived at after deducting from four thousand rupees one-fifth of such excess; 25 but no abatement shall be allowed by the person responsible for paying the salary in respect of any donations made by the assessee to which section 15b of the income-tax act is, or may be, applicable (7) for the purposes of this section and of the rates of tax imposed thereby, the expression "total income" means total income 30 as determined for the purposes of income-tax or super-tax, as the case may be, in accordance with the provisions of the income-tax act, and the expression "earned income" has the meaning assigned to it in clause (6aa) of section 2 of that act 3 in section 2 of the income-tax act,-~cbnent of iec:dod 2, 35 (a) for sub-clause (c) of clause (6a) i the following clause act22 ii of 19 - shall be substituted, namely:-"(c) any distribution made to the shareholders of a company on its liquidation, to the extent to which the distribution is attributable to the accumulated profits of the company immediately before its liquidation, whethez: capitalised qr not;"; (b) in clause (6aa), for the words "treated as registered", the word "assessed" shall be substituted amendment of section 4 4 for clause (xiva) of sub-section (3) of section 4 of the incometax act, the following clause shall be substituted, namely:-"(xiva) any income chargeable under the head "salaries" 5 received by or· due' to any person, not· being a citizen of india, during the financial year in which he arrived in india and the financial year next following as remuneration for services rendered by him as a technician in the employment of government or of a local authority or of any corporation set up under 10 any special law or in any business carried on in india, in any case where such person was not resident therein in any of the four financial years immediately preceding the financial year in which he arriveclin india: provided that where, during the financial year of arrival and is the year next following such person had been in india for a period of, or for periods amounting in ajl to, three hundred and sixty five days or more, only so much of the income aforesaid as is received by or due to him for a period of three hundred and ,sixty five days in all commencing from the date of his arrival 20 shall not be included in his total income: provided further that in the case of a person referred to in this, clause whose contract of service was approved by the central government before the commencement of his service this clause shall have effect as if for the words "and the financial 25 year next following", the words "and the two financial years next following" had been substituted and as if the proviso immediately preceding had been omitted; explanation-''technician'' means, and shall always be deemed to have meant, a person having specialised knowledge 30 in industrial arts and sciences and having experience in industrial practice who is employed in india in a capacity in which such specialised knowledge and experience are actually utilised" 5 in section 7 of the income-tax act,-35 anaeadaent of lcction 7 (a) in the first proviso to sub-section (1), for the word "one-sixth", the word "one-fifth:' shall be substituted; (b) after clause (ii) of sub-section (2), the following shall be inserted;-"(iia) in respect of any conveyance owned by the 40 assessee and used by him for the purposes of his employment, such sum as the income-tax ofticer may estimate in respect of such use as representing the expenditure incurred by the assessee in its maintenance and as representing its normal wear and tear: 5 provided that this clause shall not apply in any case where the assessee is in receipt of a conveyance allowance, whether as such or as part of his salary;" 6 in section 8 of the income-tax act,-amendment of section 8 10 (a) in the first proviso, for the words "in respect of any reasonable sum deducted by a banker from such interest by way of commission or paid to any other person by way of remuneration for realizing such interest on behalf of the assessee", the following words shall be substituted, namely:-"in respect of any reasonable sum expended by him for the purpose of realizing such interest"; is (b) after the third proviso, the following explanation shall be inserted, namely:-explanation-in the case of a banking company,-(a) the amount which bears to the aggregate of its expenses as are admissible under sub-section (2) of sec-20 tion 10, other than under clauses (iii), (vi), (via), (vib) , (vii), (viii), (xi), (xii), (xiii) and (xiv) thereof, the same proportion as the gross receipts from interest on securities (inclusive of tax deducted at source) chargeable to tax under this section bears to the gross receipts from 25 all sources which are included in the profit and loss account of the company, shall be deemed to be the sum reasonably expended by it for the purposes of reahz~ng such interest; and the amount for which allowance is admissible under sub-section (2) of section 10 shall be 30 reduced correspondingly; and (b) money borrowed shall include moneys received by way of deposits; and that amount which bears to the amount of interest payable on moneys borrowed the same proportion as the gross receipts from interest on securities 35 (inclusive of tax deducted at source) chargeable to tax under this section bears to the gross receipts from all sources which are included in the profit and loss account of the company, shall be deemed to be interest payable on money borrowed for the purpose of investment in the secur'ties by the assessee, and the amount of such interest for which allowance is due under sub-section (2) of section 10 shall be reduced correspondingly 7 in section 10 of the income-tax act,- amendment of section 10(a) in clause (vi) of sub-section (2), after the figures and words "31st day of march, 1945", the words and figures "and before the 1st day of april, 1956" shall be inserted; (b) after sub-section (4), the following sub-section shall be s inserted, namely:-"(4a) nothing in sub-section (2) shall, in the c'omputation of the profits and gains of a company, be deemed to authorise the j1laking of-(a) any allowance in respect of any expenditure 10 which results directly or indirectly in the provision of any remuneration or benefit or amenity to a director or a person who has a substantial interest in the company within the meaning of sub-clause (iii} of clause (6c) of section 2, or 15 (b) any allowance in respect of any assets of the company used by any person referred to in clause (a) either wholly or partly for his own purposes or benefit, if in the opinion of the income-tax officer any such allowance is excessive or unreasonable having regard to the legitimate 20 business needs of the company and the benefit derived by or accruing to it therefrom explanation-the provisions of this sub-section shall apply notwithstanding that any amount disallowed under this sub-section is included in the total income of any person 25 referred to in dause (a) ," amendment 8 in section 12 of the income-'tax act, in sub-section (5), for the of section 12 words, brackets, figure and letter "sub-section (2a}", the words brackets, figures and letters "sub-sections (2a) and (4a)" shall be substituted 30 amcn~ent 9 in section 14 of the income-tax act, in sub-section (2) after of section 14· clause (a), the following clause shall be inserted, namely:-" (aa) if a partner of a registered firm, in respect of that portion of his share in the profits or gains of the firm as is equal to the difference between his share in the total income of the 35 firm and his share in such total income excluding the income-tax, if any, payable by the firm, the shares in either case being computed in the manner laid down in claus~ {b) of sub-section (1) of section 16;" 18 in sub-section (3) of seetion'5 of the income-tax act, for the amendment words "second proviso", the words "first proviso" shall be substituted ~~ section 11 in section 15c of the income-tax act, in clause (ii) of sub- amendment section (2), for the word "eight", the word "thirteen" shall be sub- ~;c section ,5 stituted 12 in section 16 of the income-tax act, for the proviso to sub- amendment section (2), the following proviso shall be substituted and shall be ~~ section deemed always to have been' substituted, namely:-"provided that when the sum out of which the dividend has 10 been paid, credited ot distributed or deemed to have been paid, credited or distributed includes-(i) any profits and gains of the company not included in its total income, or (ii) any income of the company on which income-tax is was not payable, or (iii) any amount attributable to any allowance made in computing the profits and gains of the company, the increase to be made under this section shall be calculated only upon such proportion of the dividend as the said sum after 20 deduction of the inclusions enumerated above bears to the whole of that sum" 13 in section 17 of the income-tax act, in clause (b) of sub-section amendme~lt (1), for the words "at the rate applicable in the case of an indivi- ~~ scctlon dual to the slab next to the slab exempt from super-tax", the words 25 "at the rate of three annas in the rupee" shall be substituted 14 in sub-section (5) of section 23 of the income-tax act,-amendment - of section (a) in clause (a), for the words "the sum payable by the 23 firm itself shall not be determined but the total income of each partner of the firm, including therein his share of its income, 30 profits and gains of the previous year, shall be assessed and the sum payable by him on the basis of such assessment shall be determined", the following shall be substituted, namely:-u (i) the income-tax payable by the firm itself shall be determined; and 35 (ii) the total income of each partner of the firm, ineluding therein his share of its income, prqfits and gains of' the previous year, shall be assessed and the sum pay able by him on the basis of such assessment shall be determined: "; (b) for clause (b), the following clause shall be substituted, namely:-" (b) in the case of an unregistered firm, the incometax offit:er may, instead of determining the sum payable by the firm itself, proceed to assess the total income of each 5 partner of the firm, including therein his share of its income, profits and gains of the previous year, and determine the tax payable by each partner on the basis of such assessment, if, in the income-tax officer's opinion, the aggregate amount of the tax including super-tax, if any, 10 payable by the partners under such procedure would be greater than the aggregate amount which would be payable by the firm and the partners individually, if separately assessed; and where the procedure specified in this clause is applied to any unregistered firm, the provisos to clause is (a) of this sub-section shall apply thereto as they apply in the case of a registered firm;" 15 in section 23a of the income-tax act,-amendment of section 23a• (a) in sub-section (1), for the words "be liable to pay super-tax at the rate of four annas in the rupee", the following 20 shall be substituted, namely:-"be liable to pay super-tax at the rate of eight annas in the rupee in the case of a company whose business consists wholly or mainly in the dealing in or holding of investments, and at the rate of four annas in the rupee in 25 the case of any other company"; (b) in clause (b) of the proviso to sub-clause (1), for the words "where the reserves", the words "where the accumulated profits and reserves" shall be substituted; _ (c) in the explanation at the end of the section, in clause 30 (b), for the word "sub-section", the word "section" shall be substituted , 16 in section 24 of the incomp-tax act,-amendment of aection 24 (a) in the second proviso to sub-section (1), the words "in the manner applicable to a registered firm" shall be omitted; 35 (b) in the proviso to sub~section (2),-/ (i) in clause (c), the words "in the manner applicable to a registered firm" shall be omitted; and ------- (ii) in clause (d), the words "as' a register';;"d-fii=in';1 shall be omitted 17 in section 28 of the income-tax act, in clause (d) of the arne endment - 0 proviso to sub-section (1), for the words beginning with "when the 28 ic'etlan person liable to penalty" and ending with "that amount shall be taken to be", the following shall be substituted, namely:-s "when the person liable to penalty is a registered firm or an unregistered firm which has been assessed under clause (b) of sub-section· (5) of section 23, then, notwithstanding anything contained in the other provisions of this act, the amount of income-tax and super-tax payable by the firm itself shall 10 be taken to be" 18 in section 34 of the income-tax act,-amendmeali of section 34e eight years" (a) in sub-section (1), the words "within shall be omitted; (b) for the proviso to sub-section (1), the following pro-is visos ~hall be substituted, namely:-"provided that the income-tax officer shall not issue a notice under clause (a) of sub-section (1)-20 30 3s (i) jor any year prior to the year ending on the 31st day of march, 1941; (ii) for any year, if eight years have elapsed after the expiry of that year, unless the income, profits or gains chargeable to income-tax which have escaped assessment or have been under-assessed or assessed at too low a rate or have been made the subject of excessive relief under this act, or the loss or depreciation allowance which has been computed in excess, amount to, or are likely to amount to, one lakh of rupees or more in the aggregate, either for that year, or for that year and any other year or years after which or after each of which eight years have elapsed, not being· a year or years ending before the 31st day of march, 1941; (iii) for any year, unless he has recorded his reasons for doing so, and, in any case falling under clause (ii) unless the central board of revenue, and, in any other case, the commissioner, is satisfied on such reasons recorded that it is a fit case for the issue of such notice: provided further that the income-tax officer shall not issue a notice under this sub-section for any year, after the ~ expiry of two years from that year, if the person on whom the assessment or reassessment is to be made in pursuance of the notice is a person deemed to be the agent of a nonresident person under section 43: provided further that the tax shall be chargeable at the rate at which it would have been charged had the income, profits or gains not escaped assessment or full assessment, as the case may be; -(c) in sub-section (1b), for the words, brackets, figure ands letter "to whom a notice has been issued under sub-section (la) ", the following shall be substituted, namely:-"to whom a notice has been issued under clause (a) of sub-section (1) or under sub-section (1a) for any of the years ending on the 31st day of march of the years 1941 to 10 1948, inclusive"; (d) in sub-section (3), for the words beginning with "no order of assessment under section 23" and ending with "exceeds the period of eight years or four years, as the case may be", the following shall be substituted, namely:-15 "no order of assessment or reassessment, other than an order of assessment under section 23 to which clause (c) of sub-section (1) of section 28' applies or an order of assessment or reassessment in cases fatung within clause (a) of sub-section (1) or sub-section (1a) of this section 20 shall be made after the expiry of four years from the end of the year in which the income, profits or gains were first assessable: provided that where a notice under clause (b) 'of subsection (1) has been issued within the time therein limited, 2s the assessment or reassessment to be made in pursuance of such notice may be made before the expiry of one year from the date of the service of the notice even if at the time of the assessment or reassessment the four years aforesaid have already elapsed:" 30 19 in section 35 of the income-tax act, for sub-section (8), the following sub-sections shall be substituted, namely:-amendment of iec:tion 35 "(8) where, as a result of proceedings initiated under clause (a) of sub-section (1) or under sub-section (la) of section 34,-- (a) a firm or an association of persons is assessed or 35 reasselilsed, or (b) a company is assessed or reassessed and in respect thereof an order under section 23a is subsequently made, and the income-tax oftlcer concerned is of opinion that it is necessary to compute or recompute the total income of a partner 40' in the firm or a member of the association of persons or a shareholder in the company, as the case may be, the income-tax officer may proceed to compute or recompute the total income and determine the sum payable on the basis of such computation or recomputation as if the computation· or recomputation is a rectification of a mistake apparent from the record within the 5 meaning of this section; and the provisions of sub-section (1) shall apply accordingly, the period of four years specified therein being reckoned from the date of the final order passed in the case of the firm, association or company, as the case may be (9) where the income-tax officer is satisfied that the 10 income-tax payable by a company on its profits and gains out of which the company has declared a dividend, has not been paid within three years after the financial year in which the dividend was declared, the amount of income-tax which a shareholder of the company is deemed himself to have paid in respect 15 of such dividend under sectiqn 49b, or the amount for which credit is due to him under sub-section (5) of section 18 in respect of such dividend, shall be deemed to have been wrongly computed; and the income-tax officer may, notwithstanding anything contained in this act, proceed to recompute such :10 amount by reducing it in the same proportion as the amount of income-tax remaining unpaid by the company bears to the amount of income-tax payable by it on such profits and gains, as if the recomputation is a rectification of a mistake apparent from the record within the meaning of this section; and the 25 provisions of sub-section (1) shall apply accordingly, the period of four years specified therein being reckoned from the date on which the period of three years aforesaid has expired (10) where, in any of the assessments for the years beginning on the 1st day of april of the years 1948 to 1955 inclusive, a 30 rebate of income-tax was allowed to a company on a part of its total income un~er clause (i) of the proviso to paragraph b of part i of the relevant schedules to the finance acts specifying the rates of tax for the relevant year, and subsequently the 'amount on which the rebate of income-tax was allowed as -35 aforesaid is availed of by the company, wholly or partly, for declaring dividends in any year, the amount or that part of the amount availed of as aforesaid, as the case may be, shall, by reason of the rebate of income-tax allowed to the company and to the extent to which it has not actually been subjected to an 40 additional income-tax in accordance with the provisions of clause (ii) of the proviso to paragraph b of part i of the schedules to the finance acts above referred to, be deemed to have been made the subject of incorrect relief under this act, and the incoii)e-~]!: oftlcer shall recompute the tax payabje hy the company by reducing the rebate originally allowed,' as if the recomputation is a rectification of a mistake apparent from the recor~ within the meaning of this section and the provisions , of sub-section (1) shall apply accordingly, the period of four years specified therein being reckoned from the end of the s financial year in which the amount on which rebate of incometax was allowed as aforesaid was availed of by the company wholly or partly for declaring dividends" sfubltltution zoo for section 37 of the income-tax act, the following o new lecsection 10 tion for shall be substituted, namely:-section 37 powu'aof income-tax authoritica "37 (1) the income-tax officer, appellate assistant commissioner, commissioner and appellate tribunal shall, ~r the purposes of this act, have the same powers as are vested in a court under the code of civil procedure, 1908, when trying a suit s· of 1901 in respect of !he following matters, namely: -is (a) discovery and inspection; (b) enforcing the attendance of any person, including any ofbcer of a banking company, and examining him on oath; (c) compelling the production of books of account and 20 ouier documents; and (d) issuing commissions (2) subject to any rules made in this behalf, any income-, tax officer specially authorised by the commissioner in this behalf may,-25 (i) enter and search any building or place where he has reason to believe that any books of account or other documents which in his opinion will be useful for, or relevant to, any proceeding under this act may be found and examine them, if found; 30 (ii) seize any such books of account or other documents or place marks of identification thereon or make extracts or copies therefrom; (iii) malte a note or an inventory of any other article or thing found in the course of any search under this section 35 which in his opinion will be useful for, or relevant to, any proceeding under this act; , of j898 8nd the provisions of the code of criminal procedure, 1898, relating to searches spall apply 80 far as may be to searches under this section (3) subject to any rules made in this behalf, any authority referred to in sub-section (1) may impound and retain in its custody for such period as it thinks fit any books of account or other documents produced before it in any proceeding under this s act: provided that an income-tax officer shall not-(a) impound any books of account or other documentb without recording his reasons for so doing; or 10 (b) retain in his custody any such books or documents forj1 period exceeding fifteen days (exclusive of holidays) without obtaining the approval of the commissioner therefor (4) any proceecung before any authority referred to in this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code" "ofi86oe is"' 21 in section 38 of the income-tax act, after clause (4), the amenciml"nl following clause lihall be inserted, namely:-of section 38 20 "(5) require any person, including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish s~tements of accounts and affairs verified in tlre manner specified by the income-tax officer or the assistant commissioner giving information in relation to such points or matters, as, in the opinion of the income-tax officer or the assistant commissioner, will be useful for, or relevant to, any proceeding under this act 22 in section 49b of the income-tax act, in sub-section (1), for amendme~t the words beginning with "at the rate applicable" and ending with ~~b section "whole income of the company", the following shall be substituted and shall be deemed always to have been substituted, namely:-30 "of an amount equal to the sum by which the dividend has been increased under sub-section (2) of section 16" 23 in section 49d of the income-tax act, after sub-section (2) amendment , of secti01l the following sub-sections shall be inserted, namely: -49d• "(3) if any person who is resident in the taxable territories 3s in any year proves that in respect of his income which accrues or arises to him during that year in pakistan he has paid in that ceuntry, by deduction or otherwise, tax payable to the government 'under any law for the time being in force in that country relating to taxation of agricultural income, he shall be entitled to a deduction from the indian income-tax payable by him-\, (a) of the amount of the tax paid in pakistan under any law aforesaid on such income which is liable to tax under this act also; or s (b) of a sum calculated on that income at the indian rate of tax; whichever is less (4) sub-section (3) shall apply in relation to all assessments for the years subsequent to the year ending, on the 31st 10 day of march, 1948, and, notwithstanding anything' contained in section 50, a claim for refund in respect of any of the years ending on the 31st day of· march of the years 1949 to 1952 inclusive, may be entertained if made before the 31st day of march, 1957" is 24 in section 58 of the income-tax act,-amendment of section 58 (a) in sub-section (1), for the words "the second proviso", the words "the first proviso" shall be substituted, and for the words, brackets and letters "clauses (a) and (b)", the words, brackets and letters "clauses (a), (aa) and (b)" shall be sub- 20 stituted; (b) in sub-section (2), for the brackets, word, figures and letters" (3b), (3c), (3d) and (3e) ", the brackets, figures, letters and word" (3a) , (3b), (3c) and (3d)" shall be substituted amcndme~lt 25 in sub-section (1) of section 58f of the income-tax act, for the 25 ~~f 1icctj0n words "one-sixth of his salary in that year or six thousand rupees", the words "one-fifth of his salary in that year or eight thousand rupees" shall be substituted amc:mdment 26 in sub-section (2) of section 58k of the income-tax act, for ~~k section the word, brackets arid figures "clause (xii) ", the word, brackets 30 and figures "clause (xv)" shall be substituted amendment 27 in section 59 of the income-tax act, in clause (c)-- of sub-~ section section (2), for the words "for the avoidance of double taxation on income which may be entered into by the central - government under section 49aa" , the following shall be substituted, namely:- 3s "for the granting of relief in respect ofaouble taxation or for the avoidance of double taxation which may be entered into by the central government under this act" commence-z8 the amendments made in the income-tax act by section 4 ~~:~d~nt8 andclatise (b) of section 15 shall be deemed to have come into force 40 to act j j of on the 1st day of april, 1955, and the amendments made by sections 1922• 3 to 27 inclusive shall come into force on the 1st day of april, 1956 29 the indian tariff act, 1934 (hereinafter referred to as the amendment ( tariff act) shall be amended 'in the manner specified in the second ~~~~ 32 of schedule 30 when any goods chargeable with a duty of customs under ad~tional 5 the first schedule to the tariff act, or under that schedule read ~~~~:r:a~ with any notification of the central government for the time being in force, are assessed to duty, there shall, up to the 31st day of mardi, 1957, be levied and collected as an addition to, and in the same manner as, the total amount so chargeable-10 (a) a sum equal to 55 per cent of such amount, in the case of goods comprised in item no 22 (4); (b) a sum equal to 55 per cent of such amount, in the case of goods comprised in items nos 48 and 51 (2), and in the case of textile manufactures specified in item no 49 when is made wholly or mainly of any of the fabrics specified in items nos 48, 48 (1), 48 (4), 48 (5), 48 (7) or 48 (10) ; (c) a sum equal to 45 per cent of such amount, in the case of goods comprised in item no, 47 (2) ; (d) a sum equal to 25 per cent of such amount, in the case of goods comprised in any of the items of the said schedule other than those specified in clauses (a), (b) and (c) of this section or in the third or the fourth schedule to this act; and (e) a sum equal to 5 per cent of such amount, in the case 'of goods comprised in any of the items of the said schedule 25 specified in the fourth schedule to this act - 31 in the indian tariff (amendment) act, 1949, in sections 4 and amendment of act i of 5, for the-figures "1956", the figures "1957" shall be substituted 1949 i of 1944 32 in section 6 of the central excises and sait act, 1944 (here- amendment inafter referred to as the central excises act) ,_ of section 6 30 (a) in clause (a), for the words "any specified excisable goods", the words "any specified goods included in the first schedule" shall be substituted; 3s - (b) in clause (b), for the words and letter "any excisable goods specified in this behalf in part a of the second schedule", the words "any specified goods included in the first schedule" shall be substituted 33 in section 8 of the central excises act, for the words and amsldment letter "any excisable goods specified in this behalf in part b of of action 8 the second schedule", the words "any goods specified in the second 40 schedule" shall be substituted m in the first schedule to the central excises act,- amendment of the pirst schedule(a) for item no1, the following item shall be substituted, namely:-three annal per s imperial gallon kerosene, that is to say, any mineral oil (cxc:1udina mineral colza oil and turpentine substitute) which has a lame height of eighteen millimetres or more and is ordinarily used as an iiluminant in oil bumin, lamps 10 is :b~ 1-' mineral oil' means an oil conaistina of a single liquid hydrocarbon or a liquid mixture of hydrocarbons (except for alsociated impurities) derived from petroleum, coal, shale, peat or any other bituminous substance, and inc:1udesany similar oil produced by synthesis or otherwise 20 -e:cplmatitm 11-" flame height" shall be determined in the apparatus known as the amoke point ~1amp in the manner prescribed in this behalf by the central government by notification in the 01!idai gazette" ,; (b) for item no4, the following item shall be substituted, namely:-"4 motor spirit-motor spirit, that i to say,-25 (,) auy mineral oil (excluding crilde mineral oil) which fifteen annal per has itlilaahing point below seventy-six degnes of imperial gallon fahrenheit's thermometer, and which either by it8elf or in admixture with any other sue stance, il suitable for ut= al fuel for interoal c:ambultion eoaines ,; 30 and 3s (n) power alcohol, that is to say, ethyl alcohol of any pade (including such alcohol when dcdatured or otherwise treated), which, either by itself or in admixture with any other substance, is suitable for being used al aforesaid ex,lanatum i-the exprelsion " mineral oil " has the meaning assigned to it in explanation i to item no i 40 lb&plartatum 11-" flashing point" aha1l be determined in accordance with the tests specified in this behalf in the rules made under the petroleum act, 1934" ,; (c) in item no 12,-(i) in sub-item (1), for the words "two annas per-4s square yard", the words "two -annas and six pies per square yard" shall be substituted; (it) in sub-item (2), for the words "one anna and three pies per square yard", the words "one anna and nine pies per square yard" shall be substituted; so (iii) in sub-item (3), for the words "six pies per square yard", the words "one anna per square yard", shall be substituted; (iv) for sub-item (4), the following sub-item shall be substituted, namely:-5 it (4) cotton fabrics, coarse-that is to say, fabrics in which the average count of yam is less than 175-10 (a) dhoties and sarees six pies per square yard (b) au other aorts - - one anna per square yard" ; (d) in item no 12a, clause (v) shall be omitted; (e) for item no 16, the following item shall be substitut-15 ed, namely:-it 16 "soap" means' all varieties of the product known commercially as soap-20 i soap, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power or of steam for heating-(i) soap, household and laundry-(i) plain bars of not less than one pound in weight rupees five and annas four per cwt - (ii) other sorts rupees six and annas two per cwt 25 (2) soap, toilet rupees fourteen per cwt (3) soap, other than household and laundry or toilet rupees fourteen ph cwt ii soap, in or in relation to the manufacture of which no process haa been carried on with the aid of power or of steam for heating-(i) plain bars of not less thad one pound in weight rupees four and annas eight per cwt (i,) other sorts rupees five and annas four per cwt" ; (f) in item no 21,-(i) for the words "including pasteboard, millboard and cardboard, but excluding strawboard", the following words shall be substituted, namely:-\ "including pasteboard millboard, strawboard and cardboard"; (ii) for sub-items (shc) and (s)(d), the following subitems shall be substituted, namely:-| | (c) ||------------------------------|--------------------------------|| coated board | || (art, | || chrome and board for | one anna and three || playing | || c:arda) | pica || (d) | || manilla and corrugated board | || - one | || anna | || per | lb || 5 | || (,) | millboard and strbwboard other || ted board | || (f) | || board, not otherwise | || specified | || - one anna | || per | || lb"; | |(g) in item no 22,-(i) in sub-item 1 (1), the words "all sorts" shall be 10 omitted; (ti) in sub-items 1(3) and 1(4), the words and figures "exceeds 50 tons but", wherever they occur, shall be omitted; (iii) in sub-item i (3), the words and figures "nil in 15 the ease of a manufacturer whose output of water paints does not exceed 50 tons per year", wherever they occur, shall be omitted; (iv) in sub-item 1(4), the words and figures "nil in the case of a manufacturer whose output of oil paints and 20 enamels does not exceed 50 tons per year", wherever they occur, shall be omitted; (v) the "explanation" shall be omitted; (h) after item no 22, the following items shall be inserted, namely:- 25 rupees seventy per ton 23 vqetable non-esscntial oils, au lorts, in or in relation to the manufacture of which any process is ordidbrily carried on with the aid 'of power ·four annab per imperial ganon 30 24 refined diesel oils and vaporizing oil, that is to y, any mineral au (excluding mineral colza oil and turpentine substitute) which has ita ftuhing point at or above seventy-six dep:ees of fahrenheit's 35 thermometer and satisfies euher of the following requirements :-(i) the oil has a flame height of ten millimetres or more 25 industrial fuel oils-(i,) contains one quarter of one per ccnt or more by weight of any bituminous substance, and (iii) possesses a viscosity of less than one hundred seconds by redwood i viscometer at one hundred degrees of fahrenheit's thermometer s (b) furnace oil, that is to say, any mineral oil which- rupees fifteen per ton (i) has a flame height of less than ten millimetres, 10 (ii) contains one quarter of one per cent or more by weight of any bituminous substance, and (iii) possesses a viscosity of one hundred seconds or more by redwood i viscometer at one hundred degrees of fahrenheit's thermometer is explanation-the ex\'!essions mineral oil" and flame height ' have the meanings respectively assigned to them in &planations i and ii to item no i" 35 for the second schedule to the central excises act, following schedule shall be substituted, namely:-the substitution of new schedule for second schedule "the second schedulezo (see section 8) tobacco"36 in respect of motor spirit chargeable with a duty of excise ad~tiona1 under the first schedule to the central excises act, there shall, :~:: of 2s up to the 31st day of march, 1957, be levied and collected, as an addition to, and in the same manner as, the total amount so chargeable, a surcharge of five per cent of such amount 37 for the year beginning on the 1st day of april, 1956, no duty discontinuunder the central excises act, or the tariff act, shall be levied in ~: of aalt 30 respect of salt manufactured in or imported into india declaration undet the ptovisior&al collection of taxes act, 1931 it is hereby declared that it is expedient in the public interest that the provisions of clause 29, clause 30, clause 31, sub-clauses (e), (d), (e), (f), (g) and (h) of clause 34 and clause 36 of this 3s bill shall have immpdiate effect under the provisional collection of taxes a(lt 1931 part i rates of income-taxa (i) in the case of every individual who is married and every 5 hindu undivided family-rate surcharge nil nil i qn the first ri 2,000 of total income 2 on the next rs 3,000 of nine pies in the total income rupee one-twentieth of the 10 rate specified in the preceding column 3 on the next rs 2,500 of one anna and nine ditto total income pies in the rupee 4 on the next rs 2,500 of two annas and three ditto total income pies in the rupee s on the next ra 5,000 of three anna and three ditto total income pies in the rupee 6 on the balance of total four annas in the ditto income rupee (ii) in the case of every individual who is not married and every unregistered firm or other association of persons not being a case to which paragraph b or paragraph c or paragraph d of this part applies,-surcharge rate nil nil i on the first rs 1,000 of total income 2 on the next rs 4,000 of nine pies in the rupee one-twentieth of the total income rate specified in the preceding column 30 surcharge rate 3 on the next rs 2,500 of one anna and nine total income pies in the rupee one-twentieth of the rate specified in the preceding column ditto 5 4 on the next rs 2,500 of total income two annas and three pies in the rupee ditto ditto 5 on the next rs 5,000 of total income 6 on the balance of total 10 income three annas and three pies in the rupee four annas in the rupee provided that-(i) no income-tax shall be payable on a total income which, before deduction of the allowance, if any, for earned income, does not exceed the limit specified below; 15 (ii) the income-tax payable shall in no case exceed half the amount by which the total income (before deduction of the said allowance if any, for earned income) exceeds the said limit; (iii) the income-tax payable on the total income as reduced zo by the allowance for earned income shall not exceed either-(a) a sum bearing to half the amount by which the total income (before deduction of the allowance for earned income) exceeds the said limit the same proportion as such reduced total income bears to the unreduced total income, 2$ or (b) the income-tax payable on the income 10 reduced at the rates herein specified, whichever is less the limit referred to in the above proviso shall be-30 (i) in the case of every hindu undivided family which as at the end of the previous year had-ri (a) at least two members entitled to claim partition 8,400 (b) at least four members entitled to claim partition 12,600 : provided that in the case referred to in sub-clause (a) none of the 35 members and in the case referred to in sub-clause (b) none of the minimum number of four members,-(a) is less than eighteen years of age; or (b) is lineally descended from another member or along with another member is lineally descended from any other living member of the family not entitled to claim partition, and (ia') in every other case provided further that-(i) no surcharge shall be payable on a total income which, before deduction of the allowance,' if any, for earned income, does not exceed the limit specified below; (ii) the surcharge payable shall in no case exceed half the 5 amount by which the totllli income (before deduction of the said allowance, if any, for earned income) exceeds the said limit the limit referred to in the above proviso shall be-(i) in the case of every hindu undivided family which sa tisfies the conditions laid down in the preceding proviso and had as 10 at the end of the previous year-rs (0) at least two members entitled to claim partition 14,400 (b) at least four members entitled to claim partition 2j,6oo and 15 (ii) in every other case 7,200 explanation-for the purposes of this paragraph, in the case of every hindu undivided family governed by the mitakshara law, a son shall be deemed to be entitled to claim partition of the co-parcenary property against his father or grandfather, notwithstanding any cus- 20 tom to the contrary b in the case of every company-rate on the whole of total four annas in the rupee surcharge one-twentieth of the rate sp,ecified in the 25 preceding column c in the case of every local authority and in every case in which under the provisions of the income-tax act, income-tax is to be charged at the maximum rate-rate on the whole of total four annas in the income rupee surcharge 30 one-twentieth of the rate specified in the preceding column d in the case of every registered firm-rate 35 nine pies in the rupee on the first rs 75,000 of total income on the next rs 75,000 of total ,income on the balance of total income - one anna in the rupee one anna and six pies in the rupee: provided that-(i) no income-tax shall be payable on a total income which does not exceed rs 40,000; (ii) the income-tax payable shan in no case exceed one-half the amount by which the total income exceeds rs 40,000 part ii rates of super-tax5 a in the case of every individual, hindu undivided family, uhregistered firm and other association of persons, not being a case to which any other paragraph of this part applies-rate surcharge i on the first rs 20,000 nil nil of total income 10 2 on the next rs 5,000 one anna in the one-twentieth of the of total income rupee rate specified in the preceding column 3· on the next rs 15,000 three &nnbs in the ditto of total income rupee is 4 on the next rs 10,000 five annas in the ditto of total income rupee 5 on the next rs 10,000 six annas in the ditto of total income rupee 20 6 on the next rs 10,000 seven annas in the ditto of total income rupee 7 on the next rs 10,000 seven and a half ditto of total income annas in the rupee 8 on the next rs 10,000 eight annas in the ditto of total income rupee 25 9 on the next rs 10,000 eight and a half ditto of total income annas in the rupee 30 10 on the next rs 20,000 nine annas in the ditto of total income rupee ii on the next rs 30,000 nine and a half annas ditto of total income in the rupee 12 on the balance of total ten annas in the rupee ditto in~:ome 35 b in the case of every local authority-| rate | surcharge ||-----------------|--------------|| on the whole | || of | || total two and a | || half | || annas | || three | || pies | || in | || the | || income | || in the rupee | rupee |c in the case of an association of persons being a co-operative society as defined in clause (5b) of section 2 of the income-tax act-rate surcharge nil nil i on the first ri 25,000 of total income 5 2 on the balance of total two and a half annas three pies in the income in the rupee rupee d in the case of every company-rate on the whole of total income six annas and nine pies in the 10 rupee: provided that--(i) a rebate at the rate of five annas per rupee of the total income shall be allowed in the case of any company which-(a) in respect of its profits liable to tax under the income- is taac act for the year ending on the 31st day of march, 1957, has made the prescribed arrangements for the declaration and payment within the territory of india, of the dividends payable out of such profits and for the deduction of super-tax from dividends in accordance with the provisions of sub-sec- 20 tion (3d) of section 18 of that act, and (b) is a public company with total income not exceeding rs 25,000 to which the provisions of section 23a cannot be made applicable; (ii) a rebate at the rate of four annas per rupee of the total 25 income shall be allowed in the case of any company which satisfies condition (a) but not condition (b), of the preceding clause: and (iii) a rebate at the rate of three annas and ·six pies per rupee on so much of the total income as consists of dividends from a 30 subsidiuy indian company, and a rebate at the rate of one anna per rupee on any other income included in the total income shall be allowed in the case of any c9mpany not entitled to a rebate under either of the preceding clauses: provided further that-35 (i) the amount of the rebate under clause (i) or clause (ii) , as the case may be, of the preceding proviso shall be reduced by the sum, if any, equal to the amount or the aggregate of the amounts, as the case may be, computed as hereunder:-5 10 15 20 (a) on the amount representing the face at the rate of two annas per value of any bonus shares or the rupee amount of any bonus issued to its shareholders during the previous year with a view to increasing the paid-up capital; and (b) in addition, in the case of a company referred to in clause (ii) of the preceding proviso which has distributed to its shareholders during the previous year dividends in excess of six per cent of its paid-up capital, not being dividends payable at 'a fixed rateon that part of the said dividends at the rate of two annas per rupee which exceeds 6 per cent but does not exceed 10 per cent of the paidup capital ; on that part of the said dividends at the rate of three annas per which exceeds 10 percent of the rupee paid-up capital ; (ii) where the sum arrived at in accordance with sub-clause (a) or sub-clause (b) or both the sub-clauses of clause (i) qf this proviso exceeds the amount of the rebate arrived at in accordance with clause (i) or clause (ii), as the case may be, of the preceding proviso, only so much of the amounts-(a) issued as bonus shares or as bonus; and (b) distributed as dividends, 30 as is sufficient, in that order, in accordance with the rates specified in clause' (i) of this proviso, to reduce the rebate to nil, shall be deemed to have been taken into account for the purpose: provided further that the super-tax payable by a company the total 35 income of which exceeds rs 25,000 shall not exceed the aggregate of-(a) the super-tax which would have been payable by the company if its total income had been rs 25,000, and (b) half the amount by which its total income exceeds rs25,000 40 explanation-for the purposes of paragraph d of this part-(i) the expression 'paid-up capital' means the paid-up capital (other than capital entitled to a dividend at a fixed rate) of the company as on the first day of the previous year' relevant to the assessment for the year ending on 31st day of march, 1957; 4s (ii) the expression 'dividend' shall be deemed to include any ,distribution included in the expression 'dividend' as defined in ~ clause (6a) of section 2 of the income-ta~ act the second schedule (see section 29) part iin the first sched\!le to the tariff act,-(a) in items nos 15(6), 15(7) and 15(11), to each of the existing entries in the fourth and sixth columns, the words "plus t-he excise duty for the time being leviable on like articles if produced or manufactured in india" shall b~ added (b) in item no 27(3), to the existing entry in the fourth column, the words "plus the excise duty for the time being leviable on like articles· if produced or manufactured in india" shall be added· (c) ijl item no 28(7), in the entry in the second column, the words "liquid gold for glass making" shall be omitted (d) in item no 28(21), in the entry in the second column the words and letters "vitamins a and e excluding fish-liver oils" shall be omitted (e) in item no 28(28), for the existing entry in the -second column, the entry "sulpha drugs, vitamins and vitamin preparations excluding fish-liver oils" shall be substituted part iiin the first s~hedule to the tariff act, for items nos 27(4), 27(5), 27(7), 35, 44(~), 73(14) and 77(6), the following items shall be substituted, and such substitutions shall be inserted in -their appropriate places:-prcfcfelltial rate of duty if the article is the produce or manufacture of name of article nature of duty standard rate of duty duration of~ 25 tec:tive rata of duty 3c item no t the united a british ~ingdom colony (a) kerosene that il to say any mineral revenue three and81 per oil (excluding mineral colza oil and imperial gallon turpentine iubstitute) which hu a flame height of=een millimetrea or more, and is - y used 81 an illuminant in oil burning lamps revenue three adnal per imperial pnon (b) any mineral oil [excluding kerosene as defined in lub-item (a), turpentine iubstitute and oils which are known to be used as fuel for any type of internal combustion engine) which has ita ftashing point below one hundred ctep'ee8 of fahrenheit's thermometer prefcttntial rate of duty if the article is the prodw:c or manufacture of duty of duty item nb name of article natul'c of standard rate duration of protcc:tiw ratel of duty 5 the united a british kingdom' colony 10 e%pltmation [-"mineral oil" meanl an oil consisting of a single liquid hydrocarbon or a liquid mixture of hydrocarbons ~accpt for associated impurities) derived from petroleum, coal, shale, peat or any other bitl'-minous substance, and includes any similar oil produced by synthesis or otherwise is 20 explanation i1-"flame height" shall be determined in"the apparatus known as the smoke point lamp in the manner prescribed in this behalf by the central government by notification in the official gazette 2s &planation 11i-"flashing point" shall be detennined in accordance with the tcsts pecified in this behalf in the rules made under the petroleum act, 1934 30 of 1934 revenue 27(s) high speed diesel oil and vapo~ oil, that is to say, any mineral od (excluding mineral colza oil and turpentine liubstitue) which has its f1ash-idg point at or above seventy-six degrees of fahrenheit's thermometer, and satisfies either of the following requirements, namely :-3s three annas per imperial gallon or 15 per cent fill fjaionm whichever is higher plus the excise duty for the time being leviable 011' like articles if produced or manufactured in iadia (i) the oil bas a flame height of ten millimetrcs or more but less than eighteen millimetrca ; or 4s (ia') the oil has a flame height of less than ten millimctrcs, but has a viscosity of lesl than fifty seconds by redwood i viscometer at one hundred degrees of fahrenheit's thermometer, and contains less than one quarter of one per cent by weight of any bituminous substance 50 e%planafion--the expressions "mineral oil" "flame height" and "flashing point" have the meanings respectively assigned to them in explanations i, ii and iii to item no 27(4)· ss 15 per cent fill n/owhichever is higher 27(7) (a) mineral oil which has its flashing revenue point at or above two hundred degrees of fahrenheit's thermometer, and i ordinarily used for the batching of jute or other fibre | standard | rate | of ||---------------------------|-------------|--------------|| duty | | || item | | || no | | || name | | || of | article | || nature | | || of | | || duty | | || preferential rate | | || of | | || duty | if | the || is | | || the | | || produce | or | || manufacture | of | || | | || the | | || united | | || kingdom | | || a | | || british | | || colony | | || duration | | || of | | || protective | | || s | | || rata | | || of | | || duty | | || 10 | | || (6) iddustrial fuel | oila- | || (i) | diesel | || oil, | | || not | | || otherwise | | || 8eecified, | | || revenue | | || is | | || per | cent | || ad | - | || f1alar,m | | || ,ius | | || the | | || ~clae | d~ty | || that | | || is | | || to , | | || any | | || mineral | | || oil | | || whic:h- | | || for the time bel,lll | | || -n | | || levl8ble | on | like || (') has | | || ita | | || flaahidg | | || point | | || at | or | above || if | | || produced | or | || one | hullclred | || add | | || fifty | | || degree8 | of | manufactured || in | | || india | | || fahrenheit's thermometer, | | || is | | || (ia') | | || bas | | || a ftame height | | || of | | || leas | than | || ten | miuimetrea, | || (iii') | | || contains one | | || quarter | of | one || cent | | || or | more | || by | weight | || of | any | || bituminou8 substance, | | || and | | || 20 | | || (iv) | | || po8lc1leb | | || a | | || visco8ity | of | lell || than | | || one | hundred | bcciodds || by | | || redwood i viscometer | at | || one | | || hundred | | || degrees | | || of | | || fahrenheit's | | || thermometer | | || 25 | | || (2) | | || fui'd8ce | ou, | || that | | || il | | || to | | || y | | || any | | || mineral | | || revenue | | || oil | | || whic:h- | - | || is | | || per | | || cent | | || ad | | || wjlarlm | | || ,,,," | the | || excise duty | | || for | | || the | | || time | being | || leviable | on | like arti- || cles | | || if | | || produced | or | || manufactured | in | || india | | || (,) | hal | || ita | | || ftalhing | | || point | | || at | or | above || one hundred | | || 8ad | | || fifty | | || degrees | | || of | | || fahrenheit'l | | || -thermometer | | || (ia') | | || hal | | || a | | || flame | | || height | | || of | | || leas | | || than | | || ten | | || millimetla | | || 35 | | || (iii') | | || ccmtainl | | || 'ode | | || tjuarter | | || of | one | || per | | || cent | or | more || by | | || wfight | | || of | | || any | | || bituminoul | | || aubitance and | | || (iii) | | || poiicileb | | || a | | || viscosity | | || of | | || one | | || hundred | | || accondl | or | more || by | | || redwood | | || i viac:ometer | at | one || hundred degrees | | || of | | || fahm:iheit's | | || thermometer | | |~-the c:xpreaaions ··mineral on" "flame height" and 'cfluhing point" have the meaningi respectively asligned to them in [htp/tlna-iioru i, ii add iii to item no 27(4) 35 manures, all iorta, including animal bones and the following chemical manures, namely, iiulphate of ammonia,lulphate of potash, kaidit salta, add mideral phosphates, impo11cd in • form indicative 0( their use for manurial pujp08ci, but excluding basic slag, nitrate of ammonia, muriate of potaih carbolime, urea, nitrate of lime, calcium cymamidc, ammo-~ta and midera1 iuper-| preferential | rate of ||--------------------------------------|--------------------|| duty | || if | || the article duration | || is | || the | || produc:e | || or | of || manufacture | || of | || protective | || name of article | || nature of standard | rate of || duty | duty || item | || 5 | || no | || rates | || of | || duty | || the | a || united | british || kingdom colony | || free | || js | || (a) | || samples of | || goods | || which | || are | || exempt | || from import duties under | || andm | || accordance \yith the international | || convention to facilitate the impor- | || tation | || of | commercial samples || and | || advertising material drawn up at | || geneva and | || dated | || the 7th | || day | || of | || november, | || 1952 | || free | || o | || revenue | || 13(14) | || 50 | || per cent | || ad | || oaionm | || ~j | || 25 | 77(6) || ',i' | || revenue | || :~ | || so | || per | || cent | || ad | || fjtjlorem | || " | || :,1 | || revenue | || 3 | || 0 | || so | || per cent | || ad | || fjalorem | || (b) | || trade catalogues, price lists | and || advenising circularb which are sup- | || plied free | || of | || charge | || and | || which | || are | || exempt from import duties under and | || in accordance | || with | || the aforesaid | || convention | || flash lights, complete, and | flash || cases | ' || spectacles and spectacle | frames- || (a) | || spectacjes, complete, other than | || those | || fitted | || with spectacle frames | || made | || of or | plated || with | || gold and | || silver or | || with | || either of them | || (b) | || spectacle frames, | || all | || sorts, other | || than spectacle frames made of or | || plated with | || gold | || and | || silver or | || with | || either | of || of | || , | || | || | || ; | || t | || ; | || ~' | || ~, | |part iii in the first schedule to the tariff act, after item no 28(7), the fonowing shalt be inserted namely:-| preferential rate | of ||----------------------|----------|| duty | || ifthe | || irtic~ | || duration" | || 5 | || is | the || item | || no | || name | || of | || artide | || nature | || of | || duty | || standard | rate || duty | || of | || manufacture | || of | protccth || e | || rates | || the | a || united | bridih || i 0 | || kingdom | colony || 28(7a) liquid gold | || for glass | || making | || revenue | 62 || 1/2 | || pel' | || cent | || tml | || fhiltw | |tile tilird schedule (see section 30) is goods on which additional'duty of custo pm is not leviable goods crmrriscd in the following items of the first schedule to the tariff act, namely:-1(1), 2, 4(1), 4(3), 4(4), 4(5), 7(1), 8(1), 8(3), 8(4), 8(5), 9(3), 9(4), 9(5), 9(6), 12(6), 13(8), 13(9), 15(5),15(9),15(10), 15(n), 15(12), 16, 16(1), 16(3), 18, 19, r9(r), 19(2), r9(3), 20, 20(1), 20(2),20(3), 20(4), 20(6), 20(7), 20(8), 20(9), 21, 21(4), 21(5), 21(6), 21(7), 21(8), 21(9), 22(1), 22(2), 22(3), 22(5), 20 27(1), 27(3), 27(4), 27(6), 27(9), 28a, 28(1), 28(7a), 28(14), 28(20), 28(21), 28(22), 28(23), 28(24), 28(25), 28(26), 28(26a), 28(27), 28(28), 28(29), 28(30), 28(33), 28(34), 30(1), 30(2), 30(6), 30(7), 3c(n), 30(12), 30(13), 30(14), 30(15), 30(i6),3r(4), 31(5), 32(1), 32(2), 36(2), 37, 37(1), 37(2),38, 40(2),4°(6), 40(7),42, 44(1),44(4),44(7), 45, 45(3), 45(4), 45(5), 4s(6), 48(1), 48(2), 48(3), 48(4), 48(5), 48(6), 48(7), 48(8), 48(9), 48(10), 49(c), 49(1), 49(2), 49(3), 50(1), 50(3), 50(4), 51, 52, s2(4), 2s 53(2),54, ss(i), 5sk2), ss(3), 56, 56(1), 59(2), 59(3), 59(4), 59(5),60, 60(2), 60(4), 6o(5), 60(7), 60(8), 61,61(11),63(12), 63(is), 63(18), 66(2), 70(2), 70(3), ,0(10), 70(u), 71(2), 71(3), 71(8),71(9),71(10), 71(ll), 7i (12), 71(13), 71(14), 72(4), 72(5), 72(14), 72(26), 72(27),72(28), 72(33), 72(34), 72(35), 72(40), 73(4), 73(6), 73(7), 73(8), 73(9), 73(10), 73(11), 73(12), 73(14), 73(16), 73(17),73(18), 73(19), 74(4), 75(1), 75(5), 7s(12a), 75(14), 75(15), 7s(i6), 75(17), 75(18), 76, 77(2), 77(4), 77(6), 77(7),3° 78(1), 79, 82(4), 83, 84(b), 84(1), 85, 85(2), 86, 86(1) the fourth schedule (see section 30) goods on which additional duty of customs at 5 per cent is lefjiable goods comprised in the following items ofthe first schedule to the tariff act, namely:-35 4,8(2), 11(2), 11(4), 11(5), 11(6), j3(4), 15,21(3),24,24(1),24(2),24(3), 25(1),27(2),27(5),27(7), 27(8), 28, 2s(4), 2s(8), 2s(12), :28(1 s)~ 2s(16), 28(17), 28(18), 28(19), 28(31), 29, 29(1), 30, 30(9), 30(10), 34(3), 40(4), 40(5), 43, 44, 46, 46(3), 47, 55, 60(3), 60(6), 61(2), 61(3), 61(8), 61(9), 62(1), 62(2), 63(14), 63(30), 63(31), 63(32), 63(33), 63(34), 63(35), 64, 64(3), 64(4), 65, 66, 66(1),67,67(1), 67(2), 68,68(2), 69(2), 70, 70(1), 70(4), 70(5), 70(1,),70(9), 71(7), 72, 72(1), 72(2), 72(3), 72(n), 40 72(12), 72(13), 72(15), 72(16), 72(17),72(18), 72(19), 72(20), 72(21), 72(22), 72(23), 72(24), 72(25), 73(2), 73(15), 74(2), 75, 75(2), 75(3), 75(6), 75(7), 75(7a), 75(8), 75(9), 75(10), 75(1 i), 75(12), 75(13), 17(5), 78, 82(1), 82(3), 84(a), 85(1) statement of objects and reasons the object of the bill is to give effect to the financial proposals of the central government for the next financial year 1956-57 and to provide for a few connected matters the notes on clauses explain the various provisions contained therein new delhi; c d deshmukh the 29th february, 1956 notes on clausesclause 2 prescribes the rates of income-tax and super-tax and surcharge thereon for the financial year 1956-57 the variations from last year are: (1) under personal rates, -a small increase and steadier grad~ation in super-tax rates on incomes of over rs 70,000; (2) under' corporation rates, for indian companies additional super-tax at 2as per rupee ,on bonus issues and at 2as and 3as per rupee on dividend distributions in excess- of 6 per cent and 10 per cent of paid-up capital, and an increase of 1a 6ps per rupee in super-tax for indian branches of foreign companies; and finally (3) a new small graduated income-tax of 9ps to 1a 6ps per rupee on registered firms clause 3 amends section 2 of the income-tax act sub-clause (a) 'amends the definition of 'dividend' so that accumulated profits on distribution (whether capitalised or not) would be treated as dividends in the event of liquidation ofa company sub-clause- (b) makes an amendment to section 2 (6aa) which is consequential upon the amendment of section 23 (5) (b) clause 4 substitutes for the existing clause (xiva) of section 4 (3) a new clause relating to tax exemption to foreign technicians the new clause extends the exemption to techni~ians in the employment of government or local authority or a corporation set up under any special law, and defines the expression "technician" for determining eligibility for tax exemption under the clause clause 5 amends section 7 of the income-tax act relating to salaries sub-clause (a) raises the exemption limit for contributions to deferred annuity and family provision schemes under the first proviso to section 7 from 1/6th to 1/5th which is also the limit for abatement in respect of provident fund contributions and life insurance premia under section 15 (3) sub-clause (b) inserts a new clause (iia) in section 7 (2) relating to deductions from salary income; and provides for a proportionate a1l9wance in respect of the maintenance and normal wear and tear of a conveyance used by an employee for the purposes of his employment clause 6-the changes made to section 8 will secure the deduction of reasonable sums expended by an assessee (including a bank) in the realisation of interest on securities clause 7 amends section 10 of the income-tax act sub-clause (a) secures that initial depreciation al-iowance will not be available for new buildings erected and new plant and machinery acquired after 1st april, 1956 sub-clause (b) inserts a new provision specifically authorising disallowance of a portion of the expenditure and allowances of a company attributable to the amenities provided to a director or a substantial shareholder in certain circumstances clause 8 amends section 12 of the income-tax act and is consequential upon the insertion of new sub~section (4a) in section 10 clause 9 inserts a new clause (aa) in section 14 (2) exempting from tax the proportionate share of a partner in the income-tax payable by a registered firm this is consequential upon the amendment made in section 23(5) (a) making a registered firm liable to income-tax clause 10 makes a formal amendment clause 11 extends the tax exemption at present available to new industrial undertakings by a period of five years, ie upto 31st march, 1961 clause 12 makes a clarificatory amendment to the proviso to section 16(2) in regard to the procedure to be followed for the grossing up of dividends paid out of amounts which are only partly liable to tax clause 13 raises the flat rate of super-tax applicable to non-residents under section 17(1), from the existing rate of 1 anna, to 3 annas in the rupee, thereby restoring the rate which was applicable before the 1st of april, 1955 clause 14 amends section 23 (5)sub-clause (a) amends sub-clause (a) of section 23 (5) making a registered firm liable to pay income-tax (but not super-tax) independently of the tax payable by the individual partners of the firm on their share of profits sub~clause (b) amends clause (b) of section 23(5) in order to exempt unregistered firms from payment of income-tax to which registered firms will now be liable clause 15 amends section 23asub-clame (a) raises the flat rate of super-tax payable by investment companies on their undistributed profits if their distribution of dividends falls short of the prescribed minimum, from 4 as to 8 as while retaining the existing rate of 4 as for other companies 2091 ls sub-clause (b) makes a clarificatory amendment securing inclusion of accumulated profits not transferred to reserves for determining th~ applicability of the proviso to section 23a(i) to the case of a company sub-clause (c) makes a formal amendment clause 16 makes amendments to section 24 which are consequential upon the amendment made to section 23 (5)(b) clause 17 amends section 28 and is consequential upon the amendment to section 23 (5)(b) clause 18 amends section 34 sub-clauses (a) and (b) remove, subject to certain conditions, the time-limit of 8 years in section 34(1) for concealment cases and for cases of total escapement of income arising from non-submission of returns of income under section 22 sub-clause (c) amends section 34(ib) giving the right of settlement, now available in cases re-opened under section 34 (ia), to cases reopened under section 34(i)(a) also in respect of re-assessments for the war period (1939-40-1947-48) sub-clause (d) amends section 34(3) and removes the time-limit for completion of assessments involving concealment, whether relating to original proceedings or re-assessment proceedings clause 19-the amendment to section 35(8) is consequential upon the amend,ments to section 34 the new section 35(9) enables the amount of income-tax deemed to have been paid by a shareholder in respect of dividend under section 49b or section 18(5) on the presumption that the full tax assessed od the company would be paid by it, to be reduced in the event of any portion of the tax not being paid by the company within three years from the financial year in which the dividend was dec18l'ed, and consequential recovery to be made from the shareholder the new section 35(10) authorises recovery of the rebate of incometax allowed in respect of profits retained by a company in any year, if such profits are subsequently distributed as dividends clause 20 substitutes a new section for section 37 the new section clarifies the powers of income-tax officers in regard to examination of witnesses and production of accounts, and gives powers to search and seizure, etc, to income-tax officers specially authorised by the commissioner clause 21 amends section 38 and empowers the income-tax officers and assistant commissioners to obtain general information or verified statements of accounts and affairs from any person for the purpose of the act the amendments are on the lines of a similar provision in the taxation on income (investigation commission) act, 1947 clcluse 22 amends section 49b of the income-tax act in order to bring it in line with the proviso to section 16 (2) clause 23 amends section 49d and enables unilateral relief to be given with effect from the assessment year 1948-49 in respect of agricultural income-tax paid in pakistan on incomes liable to assessment in india also clame 24 amends section 58 sub-clame (a) renders clause 14(2)(aa) inapplicable for purposes of super-tax this amendment is consequential upon the amendment to section 23(5)(a) as only income-tax and not super-tax will be payable by a registered firm sub-dame (b) makes a formal amendment clause 25 which amends section 58f raises the limit for abatement in respect of contributions to recognised provident funds from 1/6th to 1/5th, consistently with the limit for rebate on life insurance prem~a, etc clame 26 makes a formal amendment clause 27 amends section 59 (2) (c) and enables the central government to prescribe a procedure in respect of double tax relief agreements also clause 28 provides for the coming into force of the various amendments to the income-tax act clause 29 seeks to increase the duties on certain items and to rationalise the items relating to certain kinds of mineral oils, as set out in the second schedule the import duty on liquid gold for glass making and on flash lights and flash light cases is being enhanced in the interests of the indigenous manufacturers of these goods the duty on spectacles complete is being brought up to the same level as that on spectacle frames to prevent evasion of duty india being a signatory to the "international convention to facilitate the impor~ tation of commercial samples and advertising material", the scope of the exemption hitherto accorded to trade catalogues, advertising circulars, etc, is being amended so as to bring it into line with the obligations undertaken under that convention a duty equal to the excise duty is being ad~d to the customs duty in respect of some articles on which excise duties are now being imposed clause 30 continues for another year the existing surcharges on customs duties clause 31 seeks to maintain for another year the status quo in regard to the commitments under gatt clause 32 seeks to amend section 6 of the central excises and salt act, 1944, for the purpose of making it clear that that section applies to all the goods specified in the first schedule notwithstanding that no excise duty is leviable thereon in certain cases for the time being it also seeks to enlarge the scope of section 6 (b) in order to cover all the good specified in the first schedule clause 33-the amendment proposed is consequential upon the amendment made to section 6 clause 34-the amendment proposed in item (a) seeks to substitute a more precise definition for the existing definition of 'kerosene' in the first schedule similarlyt the amendment in item (b) substitutes a more precise definition for the existing definition of 'motor spirit' item (c) proposes an increase of six pies per square yard in respect of all varieties of cotton fabrics except coarse dhoties and sarees item (d) proposes the discontinuance of the exemption from excise duty on rayon or artificial silk fabrics ~anufactured by or on behalf of the same person in one or more factories in which less than twenty-five powerlooms in all are installed item (e) proposes an excise duty on soap manufactured without the aid of power by any manufacturer it also seeks to amend the definition of 'soap' so as to remove <:ertain exemptions contained therein item (f) discontinues the existing exemption from excise duty in respect of 'strawboard' and places it in the same category as 'millboard' item (g) amends the definitions of 'paints, pigments, etc' in order to remove therefrom the exemptions in respect of manufacturers whose output of some of the said articles does not exceed fifty tons per year item (h) brings under duty vegetable non-essential oils, refined diesel oils, vaporizing oil and industrial fuel oils clause 35-the amendment proposed is consequential upon the amendment to sections 6 and 8 clause 36 continues the existing surcharge of 5 per cent on motor spirit clause 3t is the usual prqvision for the discontinuance of the salt duty for another year a bill to give effect to the financial proposals of the central govemmen t for the financial year 1956-57 the president bas, in pursuance of clauses (i) and (3) of article 117 and clause (i) of article 274 of the constitution of india, recommended to lok sabha, the introduction and conrdderation of the bill m n kaul~ secretary (shri c d deshmukh, minister dj pinance) | Parliament_bills | dd168cb7-66a5-594f-b5f0-273752108b5a |
bill no 60 of 2020 the mineral laws (amendment) bill, 2020 a billfurther to amend the mines and minerals (development and regulation) act, 1957 and to amend the coal mines (special provisions) act, 2015be it enacted by parliament in the seventy-first year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the mineral laws (amendment) act, 2020 (2) it shall be deemed to have come into force on the 10th day of january, 2020short title, commencement and operation(3) without prejudice to the effect of the amendments made by this act, it shall remain in force for a period of sixty days from the date of assent by the president and shall be deemed to have been repealed after the expiry of the said period chapter ii amendments to the mines and minerals (development and regulation) act, 195767 of 19575insertion of new section 4b2 in the mines and minerals (development and regulation) act, 1957 (hereafter inthis chapter referred to as the principal act), after section 4a, the following section shall be inserted, namely:—conditions for efficiency in production10"4b notwithstanding anything contained in section 4a, the central government may, in the interest of maintaining sustained production of minerals in the country, prescribe such conditions as may be necessary for commencement and continuation of production by the holders of mining leases who have acquired rights, approvals, clearances and the like under section 8b"amendment of section 53 in section 5 of the principal act, in sub-section (1), after the proviso, the followingproviso shall be inserted, namely:—15"provided further that the previous approval of the central government shall not be required for grant of reconnaissance permit, prospecting licence or mining lease in respect of the minerals specified in part a of the first schedule, where,—| ( | i | ) an allocation order has been issued by the central government under ||------------------------------------------------------------------------|------------------------------------------------------|-------------------------------------------------------------------------|| section 11a; or | | || 20 | | || ( | ii | ) a notification of reservation of area has been issued by the central || government or the state government under sub-section ( | 1a | ) or sub-section ( || of section 17a; or | | || 11 of 2015 | | || ( | iii | ) a vesting order or an allotment order has been issued by the central || government under the provisions of the coal mines (special provisions) | | || act, 2015" | | || 25 | | || amendment | | || of section 8a | | || 4 | in section 8a of the principal act, in sub-section ( | 4 || inserted, namely:— | | |"provided that nothing contained in this section shall prevent the state governments from taking an advance action for auction of the mining lease before the expiry of the lease period"30insertion of new section 8b5 after section 8a of the principal act, the following section shall be inserted, namely:—"8b (1) the provisions of this section shall apply to minerals, other than the minerals specified in part a and part b of the first scheduleprovisions for transfer of statutory clearances35(2) notwithstanding anything contained in this act or any other law for thetime being in force, the successful bidder of mining leases expiring under the provisions of sub-sections (5) and (6) of section 8a and selected through auction as per theprocedure provided under this act and the rules made thereunder, shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee for a period of two years:40provided that subject to such conditions as may be prescribed, such newlessee shall apply and obtain all necessary rights, approvals, clearances, licences and the like within a period of two years from the date of grant of new lease45(3) notwithstanding anything contained in any other law for the time being inforce, it shall be lawful for the new lessee to continue mining operations on the land, in which mining operations were being carried out by the previous lessee, for a period of two years from the date of commencement of the new lease"6 in section 10c of the principal act, in sub-section (2), the following shall be inserted, namely:—amendment of section 10c5"provided that the holder of non-exclusive reconnaissance permit who carries out the prescribed level of exploration in respect of deep seated minerals or such minerals as may be notified by the central government, may submit an application to the state government for the grant of any prospecting licence-cum-mining lease as per the procedure laid down under section 11 or a mining lease as per the procedure laid down under section 10b and with a view to increase the reconnaissance and prospecting operations of such minerals, the central government shall prescribe such procedure, including the bidding parameters for selection of such holders10explanation—for the purposes of this sub-section, the expression "deep seated minerals" means such minerals which occur at a depth of more than three hundred meters from the surface of land with poor surface manifestations" 7 in section 11a of the principal act,—15amendment of section 11a(i) in the marginal heading, after the words "or mining lease", the words "or prospecting licence-cum-mining lease in respect of coal or lignite" shall be inserted;(ii) in sub-section (1)—(a) in the opening portion, for the words "in respect of any area containing coal or lignite", the words "or prospecting licence-cum-mining lease in respect of coal or lignite" shall be substituted;20(b) for the long line, the following long line shall be substituted, namely:—"to carry on coal or lignite reconnaissance or prospecting or mining operations, for own consumption, sale or for any other purpose as may be determined by the central government"; (c) the following proviso shall be inserted, namely:—25"provided that the auction by competitive bidding under this section shall not be applicable to coal or lignite—30(a) where such area is considered for allotment to agovernment company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, for own consumption, sale or for any other purpose as may be determined by the central government;35(b) where such area is considered for allotment to a companyor corporation that has been awarded a power project on the basis of competitive bid for tariff (including ultra mega power projects)";(iii) in sub-section (3),—(a) after the words "mining lease", the words "or prospecting licence-cum-mining lease" shall be inserted;40(b) for the words "competitive bidding or otherwise", the words"competitive bidding or through allotment" shall be substituted8 in section 13 of the principal act, in sub-section (2),—(i) after clause (a), the following clauses shall be inserted, namely:—amendment of section 13"(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4b;45(ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8b;(ac) the level of exploration in respect of deep seated minerals or such minerals and the procedure, including the bidding parameters for selection of the holders under the proviso to sub-section (2) of section 10c;";(ii) for clause (d), the following clauses shall be substituted, namely:—5"(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite;(da) the regulation of grant of reconnaissance permit, prospecting licence, mining lease or prospecting licence-cum-mining lease in respect of coal or lignite;10(db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations;(dc) utilisation of coal or lignite including mining for sale by a company;"amendment of section 17a9 in section 17a of the principal act, in sub-section (2a), in the proviso, the words and letter "part a and" shall be omitted15 chapter iii amendments to the coal mines (special provisions) act, 201511 of 2015amendment of section 410 in section 4 of the coal mines (special provisions) act, 2015 (hereafter in this chapter referred to as the principal act),—20(i) in sub-section (2),—(a) in the opening portion, for the words "in respect of any area containing coal", the words "or prospecting licence-cum-mining lease in respect of coal" shall be substituted;(b) for the long line, the following long line shall be substituted, namely:—2530"to carry on coal reconnaissance or prospecting or mining operations, for own consumption, sale or for any other purpose as may be determined by the central government, and the state government shall grant such reconnaissance permit, prospecting licence, mining lease or prospecting licence-cum-mining lease in respect of schedule i coal mine to such company as selected through auction by competitive bidding under this section";(ii) sub-section (3) shall be omitted11 in section 5 of the principal act, in sub-section (1),—amendment of section 5(i) for the words, brackets and figures "sub-sections (1) and (3)", the words, brackets and figures "sub-sections (1) and (2)" shall be substituted;35(ii) for the words "or mining lease in respect of any area containing coal", the words ", mining lease or prospecting licence-cum-mining lease in respect of such schedule i coal mine" shall be substituted;40(iii) in the first proviso, for the words "in accordance with the permit, prospecting licence or mining lease, as the case may be", the words "as may be determined by the central government" shall be substituted 12 in section 8 of the principal act,—amendment of section 845(i) in sub-section (4), in clause (b), for the words "a mining lease", the words,"prospecting licence, mining lease or prospecting licence-cum-mining lease, as the case may be" shall be substituted;(ii) in sub-section (8), for the words "a prospecting licence or a mining lease", the words "prospecting licence, mining lease or prospecting licence-cum-mining lease" shall be substituted;5(iii) in sub-section (9), for the words "a prospecting licence or a mining lease", the words "prospecting licence, mining lease or prospecting licence-cum-mining lease" shall be substituted;(iv) after sub-section (12), the following sub-sections shall be inserted, namely:—10"(13) the vesting order or allotment order may be terminated by the nominated authority in such manner as may be prescribed(14) upon termination of vesting order or allotment order, the nominated authority may auction the coal mine under section 4 or allot the coal mine under section 5 as may be determined by the central government15(15) the successful bidder or allottee of the coal mine whose vesting order or allotment order has been terminated shall be deemed to be the prior allottee for the purposes of immediate next auction or allotment of the said coal mine"13 in section 9 of the principal act,—amendment of section 920(i) in the opening portion, for the portion beginning with the words "the proceeds arising out of land" and ending with the words "as may be prescribed", the following shall be substituted, namely:—25"the compensation for land and mine infrastructure in relation to a schedule i coal mine as valued in accordance with section 16 shall be deposited by the successful bidder or allottee with the nominated authority and shall be disbursed maintaining, inter alia, the following priority of payments and in accordance with the relevant laws and such rules as may be prescribed"; (ii) in clause (b), for the words "compensation payable", the words "amount payable" shall be substituted"amendment of section 183014 in section 18 of the principal act, in sub-section (1), for the words and figure"allotment of schedule i coal mines is not complete", the words and figures "allotment of schedule ii coal mines is not complete, or vesting order or allotment order issued under this act has been terminated in case of a coal mine under production," shall be substituted15 in section 20 of the principal act,—amendment of section 2035(i) in sub-section (1), for the words "a successful bidder or allottee or coal linkage holder shall", the words "a successful bidder or allottee shall" shall be substituted;(ii) for sub-section (2), the following sub-section shall be substituted, namely:—40"(2) a successful bidder or allottee may also use the coal mine from a particular schedule i coal mine, in any of its plants or plant of its subsidiary or holding company engaged in same specified end-uses in such manner as may be prescribed"16 in section 31 of the principal act, in sub-section (2),—amendment of section 31(i) in clause (b), for the words "prospecting licence or mining lease", the words"prospecting licence, mining lease or prospecting licence-cum-mining lease" shall be substituted;40(ii) after clause (l), the following clause shall be inserted, namely:—"(la) the manner of termination of vesting order or allotment order under sub-section (13) of section 8;"17 (1) the mineral laws (amendment) ordinance, 2020 is hereby repealedord 1 of 2020repeal and savings5(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 corresponding provisions of the principal act as amended by this act statement of objects and reasonsthe mines and minerals (development and regulation) act, 1957 (the mines and minerals act) was enacted with a view to provide for the development and regulation of mines and minerals under the control of the union2 the coal mines (special provisions) act, 2015 (the coal mines act) was enacted to provide for allocation of coal mines and vesting of the right, title and interest in and over the land and mine infrastructure together with mining leases to successful bidders and allottees with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilisation of coal resources consistent with the requirement of the country in national interest3 the mining leases in respect of 334 mines of iron ore, manganese ore and chromite are expiring on 31st march, 2020, out of which 46 are working non-captive mines it has been observed that some of the states have initiated action to auction these blocks however, the mines allocated through auction can start mining operations only after obtaining as many as twenty clearances from different government agencies this process is causing inordinate-delay in commencing of mining operations and subsequent production of the minerals further, during the allocation of coal blocks under the mines and minerals act and the coal mines act, certain difficulties have arisen which need to be addressed immediately4 to overcome the aforesaid difficulties in mining sector, it has become necessary to make certain amendments in the mines and minerals act and the coal mines act so as to facilitate seamless transfer of all valid rights, approvals, clearances, licenses and the like for a period of two years to a new lessee in case of minerals other than coal, lignite and atomic minerals5 the mineral laws (amendment) bill, 2020 which seeks to replace the mineral laws(amendment) ordinance, 2020, inter alia, provides for the following, namely:—(i) to insert a new section 4b in mines and minerals act empowering the centralgovernment to prescribe conditions for sustained production of minerals by the holders of mining leases who have acquired rights under section 8b;(ii) to insert a new section 8b in the mines and minerals act relating to provisionsfor transfer of statutory clearances;(iii) to amend section 5 of the mines and minerals act to provide for thedispensation of the previous approval of the central government in respect of minerals specified in part a of the first schedule;(iv) to amend section 10c of the mines and minerals act to provide incentives for exploration of deep seated minerals and their auction;(v) to amend section 11a of the mines and minerals act so as to provide for allocation of coal blocks for composite prospecting licence-cum-mining lease;(vi) to amend section 4 of the coal mines act so as to clarify the power of the central government to allocate mines for any purpose;(vii) to amend sections 4, 5 and 8 of the coal mines act for allocation of coal mines for composite prospecting licence-cum-mining lease; and(viii) to amend section 9 of the coal mines act so as to clarify the priority of disbursal of amount of compensation6 as the parliament was not in session and an urgent legislation was required to be made, the president promulgated the mineral laws ordinance, 2020 (ord 1 of 2020) under clause (1) of article 123 of the constitution7 the bill seeks to replace the aforesaid ordinancenew delhi;pralhad joshithe 20th february, 2020 memorandum regarding delegated legislationclause 8 of the mineral laws (amendment) bill, 2020 seeks to amend sub-section (2)of section 13 of the mines and minerals (development and regulation) act, 1957 that empowers the central government to make rules by notification in the official gazette for providing of all or any of the following matters:—(i) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4b;(ii) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8b;(iii) the level of exploration in respect of deep seated minerals or such minerals and the procedure, including the bidding parameters for selection of the holders under the proviso to sub-section (2) of section 10c;(iv) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite under section 11a;(v) the regulation of grant of reconnaissance permit, prospecting licence, mining lease or prospecting licence-cum-mining lease in respect of coal or lignite under section 11a;(vi) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations under section 11a;(vii) utilisation of coal or lignite including mining for sale by a company under section 11a clause 16 of the bill seeks to amend sub section (2) of section 31 of the coal mines(special provisions) act, 2015 that empowers the central government to make rules by notification in the official gazette for providing all or any of the following matters:—(i) the terms and conditions for granting reconnaissance permit, prospecting license, mining lease or prospecting license-cum-mining lease and the manner and conditions of competitive bidding under sub section (2) of section 4;(ii) the manner of termination of vesting order or allotment order under sub-section (13) of section 8 2 the matters in respect of which the said 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 legislative power is, therefore, of a normal character annexure extracts from the mines and minerals (development qnd regulation) act, 1957 (67 of 1957) [10] m c11a (1) notwithstanding anything contained in this act, the central government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal or lignite, select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed, namely:—granting of reconnaissance permit, prospecting licence or mining lease(a) a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india; or(b) a company or a joint venture company formed by two or more companies, that carry on coal mining operations in india, in any form either for own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be [10] m c(3) the state government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal or lignite to such company as selected through auction by competitive bidding or otherwise under this section:provided that the auction by competitive bidding under this section shall not be applicable to an area containing coal or lignite—(a) where such area is considered for allocation to a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be;(b) where such area is considered for allocation to a company or corporation or that has been awarded a power project on the basis of competitive bids for tariff (including ultra mega power projects) explanation—for the purposes of this section, "company" means a company as defined in clause (20) of section 2 of the companies act, 201318 of 2013 rules for regulating the grant of prospecting licences and mining leases13 (1) (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:—power of central government to make rules in respect of minerals(a) the person by whom, and the manner in which, applications for reconnaissance permits, prospecting licences or mining leases in respect of land in which the minerals vest in the government may be made and the fees to be paid therefor; (d) the terms and conditions of auction by competitive bidding, the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal mining operations including mining for sale by a company under sub-section (1) and sub-section (2) of section 11a 17a (1) reservation of area for purposes of conservation(2a) where in exercise of the powers conferred by sub-section (1a) or sub-section (2), the central government or the state government, as the case may be, reserves any area for undertaking prospecting or mining operations, the state government shall grant prospecting licence or mining lease, as the case may be, in respect of such area to such government company or corporation:provided that in respect of any mineral specified in part a and part b of the first schedule, the state government shall grant the prospecting licence or mining lease, as the case may be, only after obtaining the previous approval of the central government (3) where in exercise of the powers conferred by sub-section (1a) or sub-section (2)the central government or the state government, as the case may be, undertakes prospecting or mining operations in any area in which the minerals vest in a private person, it shall be liable, to pay prospecting fee, royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this act if such prospecting or mining operations has been undertaken by a private person under prospecting licence or mining lease ———— extracts from the coal mines (special provisions) act, 2015 (11 of 2015) chapter ii auction and allotment4 (1) eligibility to participate in auction and payment of fees(2) subject to the provisions in sub-section (3) of this section and section 5, the central government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal, select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed--(a) a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india; or(b) a company or a joint venture company formed by two or more companies, that carry on coal mining operations in india, in any form either for own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be, and the state government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal to such company as selected through auction by competitive bidding under this section(3) subject to the provisions of section 5, the following persons who fulfil such norms as may be prescribed, shall be eligible to bid in an auction of schedule ii coal mines and schedule iii coal mines and to engage in coal mining operations in the event they are successful bidders, namely:—(a) a company engaged in specified end-use including a company having a coal linkage which has made such investment as may be prescribedexplanation—a "company with a coal linkage" includes any such company whose application is pending with the central government on the date of commencement of this act;(b) a joint venture company formed by two or more companies having a common specified end-use and are independently eligible to bid in accordance with this act;(c) a government company or corporation or a joint venture company formed by such company or corporation or with any other company having common specified end-use:provided that nothing contained in sub-section (2) shall apply to this subsection [10] m callotment of mines to government companies or corporations5 (1) notwithstanding the provisions contained in sub-sections (1) and (3) of section 4, the central government may allot a schedule i coal mine to a government company or corporation or to a joint venture between two or more government companies or corporations or to a company which has been awarded a power project on the basis of competitive bids for tariff (including ultra mega power projects) from specified schedule i coal mines by making an allotment order in accordance with such rules as may be prescribed and the state government shall grant a reconnaissance permit, prospecting licence or mining lease in respect of any area containing coal to such company or corporation:provided that the government company or corporation may carry on coal mining in any form either for its own consumption, sale or for any other purpose in accordance with the permit, prospecting licence or mining lease, as the case may be: 8 (1) (4) the vesting order shall transfer and vest upon the successful bidder, the following, namely:— [10] m cnominated authority to issue vesting order or allotment order(b) entitlement to a mining lease to be granted by the state government; [10] m c67 of 1957(8) upon the execution of the vesting order, the successful bidder of the schedule icoal mine shall be granted a prospecting licence or a mining lease, as applicable, by the concerned state government in accordance with the mines and minerals (development and regulation) act, 195767 of 1957(9) a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india, allotted a schedule i coal mine shall be granted a prospecting licence or a mining lease, as applicable, by the concerned state government in accordance with the mines and minerals (development and regulation) act, 1957 power to make rules9 the proceeds arising out of land and mine infrastructure in relation to a schedule icoal mine shall be disbursed maintaining, inter alia, the priority of payments in accordance with the relevant laws and such rules as may be prescribed— (b) compensation payable to the prior allottee in respect of the schedule i coal mine 18 (1) on and from the appointed date, if the auction or allotment of schedule i coal mines is not complete, the central government shall appoint any person as a designated custodian to manage and operate such coal mines as may be notified by the central governmentcentral government to appoint designated custodian chapter v certain arrangements20 (1) a successful bidder or allottee or coal linkage holder shall, with the prior approval of the central government and in accordance with such rules as may be prescribed, be entitled to enter into certain agreements or arrangements with other successful bidder or allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the same end-uses in the public interest and to achieve cost efficienciespower of central government to approve certain arrangements(2) a successful bidder or allottee may also use the coal mine from a particular schedule icoal mine for any of its plants engaged in common specified end-uses, in accordance with such rules as may be prescribed 31 (1) power to make rules(2) in particular, and without prejudice the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (b) the terms and conditions for granting reconnaissance permit, prospecting licence or mining lease and the manner and conditions of competitive bidding under sub-section (2) of section 4; (l) the form and manner of furnishing of bank guarantee and the time within which such furnishing of bank guarantee under sub-section (6) of section 8; ———— a billfurther to amend the mines and minerals (development and regulation) act, 1957 and to amend the coal mines (special provisions) act, 2015————(shri pralhad joshi, minister of parliamentary affairs, coal and mines)mgipmrnd—5493ls(s3)—27-02-2020 | Parliament_bills | 56764ed5-43aa-5e9a-aa48-ca8c77e4ac34 |
bill no lxxvi of 2010 the abolition of corporal punishment in educational institutions bill, 2010 abill to provide for abolition of corporal punishment in educational institutions by providingprotective measures against use of physical force towards children and to set forth good practices and provide stringent penalties to any person involved in corporal punishment keeping the best interest of the child and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the abolition of corporal punishment in educational institutions act, 2010short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires:—(a) "appropriate authority" menas the head of the educational institution or anauthority set up for the purpose by the educational institution;(b) "appropriate government" menas in the case of a state, the government ofthat state and in all the other cases, the central government;(c) "child" means any person who has not completed eighteen years of age; (d) "corporal punishment" means physical punishment that involves deliberate infliction of pain for a mistake or act of indiscipline by a child for the purpose of disciplining or reforming the child;5(e) "educational institutions" means any institute that provides education to children, be it a school or college, private tuition centres, creches, including government funded, aided or affiliated educational institutions;(f) "prescribed" means prescribed by rules made under this act10grievance settlement mechanism on corporal punishment3 (1) notwithstanding anything contained in any other law for the time being in force,it shall be the duty of every educational institutions to set up a grievance settlement mechanism comprising equal representatives of teachers, parents and students to receive complaints on corporal punishment and submit a report to the head of the institution within thirty days of the receipt of the said complaint after conducting an inquiry in such manner as may be prescribed15(2) it shall be the duty of the appropriate authority to take action against the person found guilty of corporal punishment within thirty days of the receipt of the report in such manner as may be prescribed:provided that if the same person is found guilty of corporal punishment on second occasion his services in the educational institution shall be terminated forthwith20(3) the complainant if not satisfied with the inquiry report may prefer an appeal to the state education board or any such authority as may be notified by the appropriate government which shall examine and investigate the appeal within fifteen days of its receipt25(4) the state education board or the authority notified under sub-section (3) shall take action against the person found guilty of corporal punishment within thirty days of the receipt of the appeal from the complainant| 4 | it shall be the duty of the appropriate authority of each educational institution— ||-----------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| duties of the | || appropriate | || authority | || ( | a || ( | b || in the light of the spirit of child-friendly and child-centered education as mentioned in | || the right of children to free and compulsory education act, 2009; | || 30 | || 35 of 2009 | || ( | c || from students, teachers, parents and school management, to impart personal safety | || education in order to empower children and to make them aware of their rights and | || remedies if their rights are violated; and | || 35 | || ( | d || parents teachers association in order to empower children and carryout measures to | || protect their rights | || penalty | || 40 | || 5 | whoever, contravenes the provisions of this act and rules made thereunder shall be || liable for the first offence, for imprisonment which may extend to one year or fine of rupees | || five thousand or with both and for second or subsequent contravention, for imprisonment | || which may extend to three years or fine which may extend to rupees twenty-five thousand or | || with both | || duty of state | || government | || 45 | || 6 | ( || in place appropriate grievance redressal mechanism so that matters relating to discipline and | || punishment are dealt with in a continuous and comprehensive manner by all concerned | || including the students, teachers, school management and parents to curb the acts which are | || detrimental to the interest of the child | |(2) the appropriate government shall also ensure that if any second or subsequent incident of corporal punishment is reported from the same educational institution, the concerned institution shall be de-recognised for all purposes:5provided that before de-recognisation of any educational institution the appropriate authority shall be given an opportunity of being heardnodal agency4 of 20067 the national commission for protection of child rights set up under the commission for protection of child rights act, 2005, shall be the nodal agency to ensure that all laws, policies, administrative mechanism are in consonance with this act and with the child rights perspective as enshrined in the constitution of india10act to have overriding effect8 the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules9 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsthe discipline is not taught, it is learnt text books give information the communication through teaching is imparting education to attain wisdom, an abundant amount of common sense has to be added to education, which then includes discipline discipline is an attitude, character, responsibility or commitment the discipline is basically internal, while the attempt to impose it would be an external process one has to internalize the process of education and discipline discipline and education go together in letter and spiritindian being a signatory to the united nations convention on rights of child is under an obligation to remove cruelty towards children by prohibiting the use of canes as method of punishment from schools it is an important element of a child's protection rights as envisaged by the convention to lay down national policy and legislation on use of corporal punishment in schools there should neither be physical nor mental punishment the stress and strain are imposed on the child with the atmosphere of fear prevalent in the schools becuase of corporal punishments, cut throat competitions and increasing pressure for good ranks which also lead them to leave the schools suicides are another major possible consequence of such terrible incidents in the schools the plight of junior college students, who commit suicides due to meaningless competition and ambitious craze for professional courses is lowering the morale of other students and their parents school children should not be driven to such an unfortunate situation we shall not wait till more school students commit suicides it is high time for us to act upon let us all save their childhood 'spare the rod and save the childhood' should be the new sloganhence, this billp rajeeve memorandum regarding delegated legislationclause 9 of this bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is, therefore, of a normal character———— a billto provide for abolition of corporal punishment in educational institutions by providingprotective measures against use of physical force towards children and to set forth good practices and provide stringent penalties to any personinvolved in corporal punishment keeping the best interest of the child and for matters connected therewith and incidental thereto————(shri p rajeeve, mp) | Parliament_bills | fe90bdbc-053b-5b13-805c-ce0dc919d13c |
bill no 276 of 2015 the constitution (amendment) bill, 2015 byshri rajeev satav, 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 titlenamely:—3 in article 173 of the constitution, for clause (b), the following clause shall be substituted, namely:—amendment of article 1735"(b) is, in the case of a seat in the legislative assembly, not less than twentyone years of age and, in the case of a seat in the legislative council, not less than twenty-five years of age; and" statement of objects and reasonsafter sixty-eight years of independence, india has witnessed a great change changes have occurred not only to various indications of development such as food, health, education, housing but also considerably on intellectual level the literacy rate of the country is continuously increasing so is the development in social, economic, cultural and intellectual level of common man our country and society is witnessing all round development political awareness is also very much evident the age to vote in the country is eighteen years and the minimum age to be appointed on a responsible government post is twenty-one years however, on the contrary, the minimum age for being chosen to fill a seat in the house of the people is twenty-five years this does not seems to be justified when we at the age of eighteen years can elect our representative and are eligible to be appointed on responsible posts at twenty-one years as such, there should not be any compulsion to attain the age of twenty-five years to serve the people as their elected representative in the house of the peoplethe bill proposes for lowering of the age to twenty-five years and twenty-one years for being chosen to fill a seat in the council of states and the house of the people, respectively besides this, the age for being chosen to fill a seat in the legislative assembly of a state, should not be less than twenty-one years and, in the case of a legislative council of a state it should not be less than twenty-five years so that the youth can contribute in national and public service in a right direction this would be a change of the era which would infuse the country and the society with a new energy and speedindia is a country of the youth, where, the largest youth population of the world lives if the population of the youth in the country is largest, their representation in the parliament and legislative assemblies should also be in proportion of their numbers as a result of this provision, politics will reach to better heights consequently, the benefit of the efficient, spilled and dynamic youth having sincere and deep interest in politics will go to our parliamentary tradition of democratic system this is the need of the hour, and hence it is our duty to assimilate all those youths in these important institutions of democracy, as soon as possible at the initial stage of life the efficiency and success of the power of the youth is evident and their maximum contribution may be availed of at this juncture in order to fulfil those objectives, there is a need to lower the minimum age for being chosen to fill a seat in parliament and legislative assemblies and legislative councils of the stateshence this billnew delhi;rajeev satavnovember 18, 2015 annexure extract from the constitution of india84 a person shall not be qualified to be chosen to fill a seat in parliament unless he— (a) qualification for membership of parliament(b) is, in the case of a seat in the council of states, not less than thirty years of age and, in the case of a seat in the house of the people, not less than twenty-five years of age; and" 173 a person shall not be qualified to be chosen to fill a seat in legislature of a state unless he—(a) qualification for membership of the state legislature(b) is, in the case of a seat in the legislative assembly, not less than twenty-five years of age and, in the case of a seat in the legislative council, not less than thirty years of age; and lok sabha———— a billfurther to amend the constitution of india————(shri rajeev satav, mp)gmgipmrnd—2937ls(s3)—02122015 | Parliament_bills | 788774ef-fcb3-5e5d-96d2-ad56c350005f |
the lndian electricity (amendment) bill, 1958(as introduced in iok sabha) rhe indian electricity (amendmen1) bill, 1958 (as introduced in lok sabha) a billfurther to amend the indian electricity act, 1910 be it enacted by parliament in the ninth year of the republic of india as follows:-5 9 of 1910• i:j 1 this act may be called the indian electricity (amendment) short title act, 1958 z throughout the indian electricity act, 1910 (hereinafter substitution referred to as the principal act), unless otherwise expressly ~!on5 ~ri~ provided,-line" and tbiectric in-(i) for the words "aerial line" wherever they occur, the pector" bywords "overhead line" shall be substituted; and certain other exprenions (ii) for the words "electric inspector" wherever they occur, the words "electrical inspector" shall be substituted 3 in section 2 of the principal act,-amendment (i) for the words "have the meanings assigned to them in ~~ aec:uoa that act", the words, brackets and figures "or in the electricity (supply) act, 1948, have the meanings assigned to them in either of those acts" shall be substituted; (ii) for ctause (a), the following clause shall be substituted, namely:-20 - (a) "appropriate government" means in relation to any works or electric installations belonging to, or under the control of, the central government or in relation to any mines, oil-fields, railways, aerodromes, telegraphs, broadcasting stations and any works of defence, the central government, and in any other case, the state government;'; (iii) for clause (c), the following clause shall be substituted, namely:-'(c) "consumer" means any person who is supplied with energy by a licensee or the government or by any other person engaged in the business of supplying energy to the s public under this act or any other law for the time being in force, and includes any person whose premises are for the time being connected for the purpose of receiving energy with th~ works of a licensee, the government or such other person, as the case may bej'j 10 (iv> for clause (f>, the following clause shall be substituted, ilamely:-'(f) "electric supply-line" means e wire, conductor or other means used for conveying, transmitting or distributing energy (whether by overhead line or underground cable), 15 together with any casing, coating, covering, tube, pipe or "insulator enclosing, surrounding or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of so conveying, transmitting or distributing such energy and includes any support, cross-arm, stay, strut 20 or safety device erected or set up for that purposej , j (v) in clause (i), the words "by a licensee" shall be omitted; (vi) after clause (i), the following clause shall be insert~d, ilameiy:-'(ii) "overhead line" means an electric supply-line whil!h 25 is placed above ground and in the open air but does not include live rails of a traction system;'; (vii) in clause (1), the words "bye licensee" shall be omitted and in sub-clause (i), for the words "licensee's premises", the words "supplier's premises" shall be substituted; 3r (viii) after clause (1), the following clause shall be inserted, namely:-'(ll) "state electricity board" in relation to any state means the state electricity board, if any, constituted for that state under section 5 of the electricity (supply) act, 1948; , ; 35 s4 of 1948 (ix) for clause (n), the following clause shall be substituted, ,namely:-'(n) "works" includes electric supply-line and any building, plant, machinery, apparatw: and any other thing of whatever description required to supply energy to the public and 4) to carry into effect the objects of a license or sanction granted under this act or any other law for the time being in force' t in section 3 of the principal act,-amendment of section :3 (i) in sub-section (1), after the words "prescribed form", the words "ond after consulting the state electricity board" shall be inserted; (ii) in sub-section (2)-(a) in clause (a), in item (ii)-10 (i) after the word "cantonment,", the word "aerodrome," shall be inserted; (ii) for the words "naval or military purposes", the words "defence purposes" and for the words "engineerin-chief, army headquarters, india", the words "central government" shall respectively be substituted; (b) in clause (d) ,-(i) in item (i), the words "and as to the limits of price to be charged in respect of the supply of energy," shall be omitted; 20 (ii) in item (ii) , for the words and figures "sections 5 and 7", the words and figures "sections 5 and 6" and for the words and figures "section 5 or section 7", the words and figures "section 5 or section 6" shall be substituted 5 in ~tion 4 of the principal act,-(i) in sub-section (1)-amendmenl of section 4· (a) after the words "so requires", the words "and after consulting the state electricity board" shall be inserted; 35 (b) in clause (c), for the words, brackets, figure and letter "sub-section (3), clause (b)", the words, figures, letter and brackets "section 4a, sub-section (1)" shall be substituted; (c) in clause (d), for the words "where the licensee is, in the opinion of the state government, unable, by reason of his insolvency", the words "where in the opinion of the state government the financial position of the licensee is such that he is unable" shall be substituted; (d) after clause (d), the following clause shell be inserted, namely:-"(e) where a licensee, in the opinion of the state government, has made default in complying with any direction issued under section 22a"; (ii) for sub-sections (2) and (3), the following sub-sectiona shall be substituted, namely:-"(2) where in its opinion the public interest so permits the state government may, on the application or with ihe consent of the licensee, and after consulting the state 5 electricity board, and the central government where that government is interested, and if the licensee is not a local authority, after consulting also the local authority if any, concerned, revoke a license as to the whole or any part of the area of supply upon such terms and conditions as it thinks 10 fit (3) no license shall be revoked under sub-section (1) unless the state government has gi¥en to the licensee not less than three months' notice, in writing, stating the grounds on which it is proposed to revoke the license and has collii- is dered any cause shown by the licensee within the period of that notice, against the proposed revocation (4) where the state government might under sub-section (1) revoke a license it may instead of revoking the license permit it to remain in force subject to such further 20 terms and conditions as it thinks fit to impose and any further terms or conditions so imposed shall be binding lipon, and be observed by, the licensee, and shall be of like force ,and effect as if they were contained in the license" inaertion of 6 after section 4 of the principal act, the following section shall 2s n~ section be inserted, namely:-4a "4a (1) where in its opinion the public interest so permits, amendment of license the smte government, on the application of the licensee or otherwise and, after consulting the state electricity board, and if the licensee is not a local authority, also the local authority, 30 if any, concerned, may make such alterations and amendments in the terms and conditions of a license, including the pl'ovisions specified in section 3, sub-section (2), clause (f), as it thinks tit: provided that no such alterations or amendments shall be made except with the consent of the licensee unless such 35 consent has, in the opinion of the state government, been unreasonably withheld (2) where the licensee has made an application under sublection (1) proposing any alt~rations or amendments in his license, the following provisions shall have effect, namely:-40 (a) the licensee shall publish a notice of the appuca- tion in the prescribed manner and with the prescribed parttculars; (b) the state government shah not make any alterations or amendments until all objections received by it with reference to the application within three months from the date of the first publication of the notice have been considered; s 10 (c) in the case of an application proposing alterations or amendments in the area of supply comprising the whole or any part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the government for defence purposes, the state government shall not make any alterations or amendments except with the consent of the central government" 7 for sections 5, 6 and 7 of the principal act, the following sec- subsritutioe 11 b b' d i of new sections sha e su sbtute , name y -rions for sections and 7 s 6 is "5 (1) where the state government revokes, under section provisions 20 4, sub-section (1), clause (c), the license of a licensee, the state :,h~~i=:: government shall serve a notice of revocation upon the licensee is revo·ked and on and with effect from the date on which such notice is served, all the powers and liabilities of the licensee under this act shall absolutely cease and determine (2) where the state government revokes, under any other provision of section 4, sub-section (1), the license of a licensee, the following provisions shall have effect, namely:-(a) the state government shall serve a notice of revoca-25 tion upon the licensee and shall fix a date on which the revocation shall take effect; and on and with effect from that date, or on and with effect from the date, if earlier, on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the succeeding clauses or is delivered to a designated 30 purchaser in pursuance of sub-section (4), all the powers al'1d liabilities of the licensee under this act shall absolutely cease and determine; (b) the state government shall enquire from the state electricity board, and where the licensee is not a local autho-35 rity, also from any local authority constituted for the area within which the whole of the area of supply is included, whether it is willing to purchase the lilndertaking; (c) if the state electricity board is willing to purchase the undertaking, the state government shall, by notice in writing require the licensee to sell, and thereupon, the licensee shall sell the undertaking to the state electricity board; (d) if the state electricity board is not willing to purchase the undertaking, the state government shall have the option of purchasing the undertaking and if it elects to purchase, it shall by notice in writing require the licensee to sell, and thereupon the licensee shall sell the undertaking to it; s (e) if the state electricity board is not willing to purchase the undertaking and the state government does not itself elect to purchase it, the state government in any case where the local authority referred to in clause (0) is willing to purchase the undertaking shall by notice in writing require 10 the licensee to sell and thereupon the licensee shall sell the undertaking to that local authority; (f> if no sale of the undertakina is eftected under any of the foregoing clauses and if any other person is willing to purchase the undertaking, the state government shall by is notice in writing require the licensee to sell, and thereupon the licensee shall sell the undertaking to such other person (3) where an undertaking is sold under sub-section (2), the purchaser shall pay to the licensee the purchase price of the undertaking determined in accordance with the provisions of sub- 20 section (1) and (2) of section 7a or as the case may be, subsection (3) of that section ,(4) where the state government issues any notice under subsection (2) requiring the licensee to sell the undertaking, it may by such notice require the licensee to deliver, and thereupon the 2s licensee shall deliver on a date specified in the notice the undertaking to the designated purchaser pending the determination and payment of the purchase price of the undertaking (5) where before the date fixed in the notice issued under clause (a) of sub-section (2) as the date on which the revocation 30 of the license shall take effect, no notice has been issued to the licensee requiring him to sell the undertaking, the licensee shall have the option of disposing of all lands, buildings, works, materials and plant belonging to the undertaking in such manner as he may think fit: 35 provided that if the licensee does not exercise such option within a period of six months from the aforesaid date, the state government may forthwith cause the works of the licensee in, under, over, along, or across any street to be removed and every such street to be reinstated, and recover the cost of such 40 removal and reinstatement from the licensee· 6 (1) where a license has been granted to any person, not being a local authority, the state electricity board sha11,-(a) in the case of a license granted before the commencement of the indian electricity (amendment) act, 1958, on the expiration of each such period as is specified in the license; and 10 20 2s 3s (b) in the case of q license granted on or after the commencement of the said act, on the expiration of such period not exceeding twenty years and of every such subsequent period, not exceeding ten years, as shall be specified in this behalf in the license; have the option of purchasing the undertaking and such option shall be exercised by the state electricity board serving upon the licensee a notice in writing of not less than one year requiring the licensee to sell the undertaking to it at the expiry of the relevant period referred to in this sub-section (2) where a state electricity board has not been constituted, or if constituted, does not elect to purchase the undertaking, the state government shall have the like option to be exercised in the like manner of purchasing the undertaking (3) where neither the state electricity boord nor the state government elects to purchase the undertaking, any local authority constituted for an area within which the whole of the area of supply is included shall have the like option to be exercised in the like manner of purchasing the undertaking (4) if the stete electricity board intends to exercise the option of purchasing the undertaking under this section, it shall send an intimation in writing of such intention to the state government at least eighteei! months before the expiry of the relevant period referred to in sub-section (1) and if no such intiii1qtion as aforesaid is received by the state government the state electricity board shall be deemed to have elected not to purchase the undertaking (5) if the state government intends to exercise the option of purchasing the undertaking under this section, it shall send an intimation in writing of such intention to the local authority, if any, referred to in sub-section (3) at least fifteen months before the expiry of the relevant period referred to in sub-section (1) and if no such intimation as aforesaid is received by the local authority, the state government shall be deemed to have elected not to purchase the undertaking (6) where a notice exercising the option of purchasing the undertaking has been served upon the licensee under this section, 1114(b) ls-2 the licensee shall deliver the undertaking to the state electricity board, the state government or the local authority, as the case may be, on the expiration of the relevant period referred to in sub-section (1) pending the determination and payment of the purchase price 5 (7) where an undertaking is purchased under this section, the purchaser shall pay to the licensee the purchase price determined in accordance with the provisions of sub-section (4) of section 7a vesting of the undertaking in the purchaser 7 where an undertaking is sold under sectiml 5 or section 6, 10 then upon the completion of the sale or on the date on which the undertaking is delivered to the intending purchaser under subsection (4) of section 5 or under sub-section (6) of section 6, as the case may be, whichever is earlier-determination 4)f purchase price (i) the undertaking shall vest in the purchaser or the is intending purchaser, as the case may be, free from any debt, mortgage or similar obligation of the licensee or attaching to the undertaking: provided that any such debt, mortgage or similar obligation shall attach to the purchase money in substitution for 20 the undertaking; (ii) the rights, powers, authorities, duties and obligations of the licensee under his license shall stand transferred to the purchaser or intending purchaser and such purchaser or intending purchaser shall be deemed to be the licensee: 25 provided that where the undertaking is sold or delivered to a state electricity board or the state government, the license shall cease to have further operation 7a (1) where an undertaking of a licensee, not being a local authority, is sold under sub-section (2) of section 5, the purchase 30 price of the undertaking shall be the fair market value of the undertaking at the time of purchase or where the undertaking has heen delivered before the purchase under sub-section (4) of that section, at the time of the delivery of the undertaking, reduced in either case by the value of contributions made by 35 consumers towards the cost of construction of service lines or other capital works; and if there is any difference or dispute regarding such purchase price the same shall be determined by arbitration (2) the fair market value of' an undertaking for the pur- 4q pose of sub-section (1) shall be deemed to be the value of all lands, buildings, works, materials and plant of the licensee suitable to, and used by him, for the purpose of the undertaking, o,thet ,ihan ii generating station declared by the license not to form part of the undertaking for the purpose of purchase, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials and plant and the state of re-s pair thereof and to the circumstance that they are in such position as to be ready for immediate working and to the suitability of the same for the purpose of the undertaking, but without any addition in respect of compulsory purchase or of goodwill or of any profits which may be or might have been made from the 10 undertaking or of any similar consideration (3) where an undertaking of a licensee, being a local authority, is sold under sub-section (2) of section 5, the purchase price of the undertaking shall be such as the state government, having regard to the market value of the undertaking at the date of deu-i s very of the undertaking, may determine (4) where an undertaking of a licensee is purchased under section 6, the purchase price shall be the value thereof as determine(! in accordance with the provisions of sub-sections (1) and (2) : 20 provided that there shall be added to &uch value such percentage, if any, not exceeding twenty per centum of that value as may be specified in the license on account of compulsory purchase" 8 in section 8 of the principal act,-amcnd:ncnr , of section 8 25 (t) for the words, figures and brackets "section 7, sub-section (1), neither a local authority nor the state government purchases the undertaking", the words, figures and brackets "section 6, sub-section (1), the undertaking is not purchased by the state electricity board, the state government or the local 30 authority" shall be substituted; (ii) in the proviso, for the words, figure, qrackets and letter, "section 5, clause (f), proviso", the words, figures and brackets "section 5, sub-section (5), proviso" shall be substituted 9 in section 9 of the principal act, in 2ublsection (1), for the 3s words beginning with "notice of the application to every local au tho- atmcnd,ment " d di 'th'" d 0 section 9 nty an en ng wi or mten s to supply, energy", the following shall be substituted, namely:-"notice of the application-(a) to the state electricity board; and (b) to every local authority both in the licensee's area of supply and also in the area in which such other person supplies, or intends to supply energy" :rea::= 10 in section 10 of the principal act, for ,the words and figures 10 "sections 5,7 and 8", the words and figures "sections 5, 6 and 8" shall be substituted am f endmc!lt 11 in section 12 of the principal act, in sub-section (2), for the o aecuon d s u war s "owner and occupier", the words "owner or occupier" shall be substituted ameodment of aec:tiod 13· 12 in section 13 of the principal act, in sub-section (1),-- (i) in clause (a), after the words "not being a service line", the words "other than a service line in, under, over, along or 10 across a railway," shall be inserted; (ii) in clause (f), after the words "service line", the words "other than a service line in, under, over, along or across a railway," shall be inserted 13 in section 20 of the principal act,-amendment ef aec:tiou ao (i) in sub-section (1),-is (a) after the words "to which energy is or has been supplied by him", the words "or any premises or land, under, over, along, across, in or upon which the electric supply-lines or other works have been lawfully pieced by him" shall be inserted; 20 (b) in clause (a), for the words "inspecting and test- ingot, the words "inspecting, testing, repairing or altering" shall be substituted; (ii) in sub-section (2), for the words beginning with "the 2 district magistrate or" and ending with "belonging to the con- s su~er", the following shall be substituted, namely:-"a magistrate of the first class and after giving not less than twenty-four hours' notice in writing to the occupier-(a) enter any premises or land referred to in subsection (1) for any of the purposes mentioned therein; 30 (b) enter any premises to which energy is to be supplied by him, for the purpose of examining and "testing the electric wires, fittings, works and apparatus for the use of energy, belonging to the consumer" 14 in section 21 of the principal act,-35 amendment of lection 21 (i) in sub-section (1),-(a) after the words "save as provided", the words, brackets and figure "in any conditions made under sub-section (z) or" shall be inserted; (b) in the proviso, for the words "interfere with the supply by the licensee of energy to any other person", the following shall be substituted, namely:-"interfere with-5 (a) the safety or efficient working of a licensee's electric supply-lines or other works; or (b) the supply of energy by the licensee to any other person"; (ii) in sub-section (2) ,-10 (a) the words, bmckets and figure "subject to the provisions of sub-section (1)" shall be omitted; (b) after the words "after consulting", the words "the state electricity board and also" shall be inserted; 20 (iii) in sub-section (3), for the word "cancel", the words "add any new condition or cancel or otherwise amend" shall be substituted 15 after section 22 of the principal act, the following sections insertion of shah be inserted namely:-new s eetions , 22a and 228 "22a (1) the state government may, if in its opinion it powers of is necessary in the public interest so to do, direct any licensee ~~~~ ~v~; to supply, in preference to any other consumer, energy re- di~eetion gt,? quired by-- hcensee in regard to the liupply of (a) any establishment belonging to, or under the ~nergy to control of the central government or the state govern- certain class of consumera ment; or 35 (b) any other establishment notified by the state government in the official gazette, being an establishment which in the opinion of the state government, is essential to the life of the community (2) where any direction is issued under sub-section (1) requiring a licensee to supply e~ergy to any establishment and any difference or dispute arises as to the price or other terms and conditions relating to the supply of energy, the licensee shall not by reason only of such difference or dispute be entitled to refuse to supply energy but such difference or dispute shall be determined by arbitration (3) where any agreement by a licensee, whether made before or after the commencement of the indian electricity (amendment) act, 1958, for the supply of energy with any establishment referred to in sub-section (1) expires, the licensee sooll continue to supply energy to such establishment on the same terms and conditions as are specified in the agreement untn ne receives a notice in writing from the establishment requiring him to discontinue the supply (4) notwithstanding anything contained in this act, or in the electricity (supply) act, 19-f8, ,orm hisucense or in any agreement entered into by him for the supply of energy, a 5 licensee shall be bound to comply with any ~rectioq given to him under sub-section (1) and any action taken by him in pursuance of any such direction shall not be deemed to be a contravention of section 23 power to coi!-t rol the di stribution and consumption of energy 22b (1) if the state governtnent is of opinion that it is ,"0 necessary or expedient so to do, for maintaining the supply and securing the equitable distribution of energy, it may by order provide for regulating the distribution, supply, consumption or use thereof (2) without prejudice to the generality of the powers con- is ferred by sub-section (1) an order made thereunder may cij,rect the licensee not to comply, except with the permission of the state government, with-(i) the provisions of any contract, agreement or requisition whether made ~fore or after the commencement of 20 the indian electricity (amendment) act, 1958, for the supply i other than the resumption of a supply \ or an iocrease in the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the 25 date of its discontinuance, or (iii) any requisition for the resumption of supply of energy made within six months of its discontinuance, where the requisitioning consumer was not himself the consumer of the supply at the time of its discontinuance" 30 amendment ef section 23· 16 in section 23 of the principal act, in sub-section (1), the words "but may, save as aforesaid, make such charges for the supply of energy as may be agreed upon, not ~xceeding the limits imposed by his license" shall be omitted amendment 17 in section 24 of the principal act, in sub-section (2), for the 35 of section 24 words "has been referred under this act to an electric inspector", the words "which by or under this act is required to be determined by an electrical inspector, has been referred to the inspector" shall by substituted amen~ment 18 in section 25 of the principal act, ,the words "101' ~be purpose 40 ofs~ctj()n 25 of supplying energy," shall be omitted 19 in section 26 of the principal aet,-amendment of section 010 (i) in sub-section (5), for the words beginning with "without giving" and ending with "his intention", the following shall be substituted, namely:-"but he may by giving not less than forty-eight hours' notice in writing to the licensee require the licensee to connect or disconnect such meter and on receipt of any such requisition the licensee shall comply with it within the period of the notime"; 10 (ii) for sub-section (6), the following sub-section shall be substituted, namely:-20 " (6) where any difference or dispute arises as to whether any meter referred to in sub-section (1) is or ilt not correct, the matter shall be decided, upon the application of either party, by an electrical inspector; and where the meter has, in the opinion of such inspector ceased to be correct, such inspector shall estimate the amount of the energy supplied to the consumer or the electrical quantity contained in the supply, during such time, not exceeding six mtmths, as the meter shall not, in the opinion of such inspector, have been correct; but save as aforesaid, the register of the meter shall, in the abscnc~ of fraud, be conclusive proof of such amount or quantity: provided that before either a licens('e or a consumer applies to the electrical inspector under this sub-section, he shall give to the other party not less than seven days' notice of his intention so to do" 10 in section 28 of the principal act,-amen:lment of sc<:tiod (i) for sub-section (1), the following sub-sections shall be 018 substituted, nemely:-35 (1) no person, other than a licensee shall engage in the business of supplying energy to the public except with the previous sanction of the state government and in accordance with such conditions as the state government may fix in this behalf, and any agreement to the contrary shall be void (la) the state government shall not give any sanction under 6ubsection (1)-(a) ejtcept after consulting the state electricity board; and (b) except with the consent-(i) in any case where energy is to be supplied in any area for which a local authority is constituted, of that local authority; (ii) in any case where energy is to be supplied s in any area forming part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the government for defence purposes, of the central government; 10 (iii) in any area falling within the area of supply of a licensee of that licensee: provided that except in a case falling under subclause (ii) , no such consent shall be necessary if the state government is satisfied that such consent has is been unreasonably withheld"; (ii) in sub-section (2), after the words "supplying energy", the words ''to the public" shall be inserted amendment 21 in section 29 of the principal act, in sub-section (1), after of section the words "supplying energy", the words "to the public" shall be 20 29· inserted amendment mction 30• 22 in section 30 of the principal act, in sub-section (1), for the words, brackets, letters and figures beginning with "no person other - than a licensee" and ending with "as may be applicable", the following shall be substituted, namely:-2s "no person other than a licensee or a person to whom sanction is granted under section 28 duly authorised under the terms of his license or sanction, as the case may be, shall transmit or use energy at a rate exceeding two hundred and fifty watts and one hundred volts-30 (a) in ai)y street, or· (b) in any place,-(i) in which one hundred or more persons are likely ordinarily to be assembled, or (ii) which is a factory within the meaning of the 3s factories act, 1948, or a mine within the meaning of 63 of 1948 the mines act, 1952, or 35 of 1952 (iii) to which the state government, by general or speeial order, declares the provisions of this subsection to apply 5 without giving, before the commencement of transmission or use of energy, not less than seven days' notice in writing of his intention to the electrical inspector and to the district magistrate, or in a presidency-town to the commissioner of police, containing particulars of the electrical installation and plant, if any, the nature and the purpose of supply, and complying with such of the provisions of part iv, and of the rules made thereunder, as may be applicable" 10 23 in section 31 of the principal act,-amendment of iecdoa (i) after the word "railway," where it occurs for the first 31 time, the word "aerodrome," shall be inserted; (ii) after the word "railway," where it occurs for the second time, the word "airway," shall be inserted is 20 25 24 in section 33 of the principal act,-amendment of ~on (i) for sub-section (l), the following sub-section shall be 33 substituted, namely:-"(1) if any accident occurs in connection with the generation, transmission, supply or use of energy in or in connection with, any pert of the electric supply-lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the electrical inspector and to such other authorities as the appropriate government may by general or special order, direct"; (ii) in sub-section (2), for the words "the state government", the words "the appropriate government" shall be substituted; 35 (iii) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) every electrical inspector or other person holding an inquiry under sub-section (2) shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by an electrical inspector or such other person as aforesaid to furnish any inforrnation shall be deemed to he legally bound to do so within the meaning of section 176 of the indian penal code" 1114(b) ls--3 25 in section 34 of the principal act,-amendment of section 34 (i) for the words "state government" wherever they occur, the words "appropriate government" shall be substituted; (ii) in sub-section (2), for the words "the use of any electric supply-line", the words "the use of, and the supply of energy to,s any electric supply-line" shall be substituted 26 for !>cction :~ii (if the principal act, the following section shall be substituted, namely:-substitution of new section for ~ection 36 a intmenr g njectrical inspecton "3g (1) 'fhe appropl"illte government may, by notifi(~ation in the official gazette, appoint duly qualified persons to be etec- 10 trical inspectors and every electrical inspector so appointed shall exercise the powers and perform the functions of an electrical inspector under this act within such areas or in respect of such class of works and electric installations and subject to such restrictions as the appropriate government may direct is (2) in the absence of express provision to the contrary in this act, or any rule made thereunder, an appeal shall lie from the decision of an electrical inspector to the appropriate government or if the appropriate government, by general or special order so directs, to an advisory board" 20 amendment of section 36 a 27 in section 36a of the principal act,-(i) for sub-section (2), the following sub-section shall be substituted, namely:-"i (2) the central electricity board shall consist of twenty-five members, namely:-2s (a) a chairman and four other members to be nominated by the central government; (b) one member to be nominated by the gowrnments of each of the states, not being a union territory, to which this act extends; 30 (c) one member to be nominated by the central government to represent each of the union territories of delhi and himachal pradesh; (d) one member to be nominated by the central goyernment to represent the union territories of mani- 35 pur, tripura and the andamans and nicobar islands; (e) one member to be nominated by the central government to represent the federation of electricity undertakings of india; (f) one member to be nominated by the railway 40 "board; (g) one member to be nominated by the chief inspector of mines appointed under section 5 of the mines act, 1952; and 35 of j95 2• (h) one member to be nominated by the indian standards institution constituted under the indian standards institution (certification marks) act, 1952"; 36 of 1952 5 (ii) sub-section (6) shall be omitted 28 section 36b of the principal act shall be omitted omiuioo of section 36b 29 in section 37 of the principal act, in sub-section (3), for the amen~ent 10 woeds, brackets and letters "clause (f) or clause (h) ", the words, ~~ sec:uod brackets and letters "clauses (e) to (j) (both inclusive)" shall be substituted is 20 25 30 for section 42 of the principal act, the following section shall substitution be substituted namely:-of newaer-, tlon for section 42 "42 whoever-penalty for illegal or (a) being a licensee or a person who has obtained the defect i ive supp y or sanction of the state government under section 28 to engage for nonin the business of supplying energy to the public, save as ~°itt~:::: permitted under section 27 or section 51 or by his license or as the case may be, by the conditions of sanction, supplies energy or lays down or places any electric supply-line or works outside the area of supply; or (b) being a licensee or a person who has obtained the sanction of the state government as aforesaid, in contravention of the provisions of this act or of the rules thereunder, or in breach of the conditions of license or of the sanction, as the case may be, and without reasonable excuse, the burden of proving which shall lie on him, discontinues the supply of energy or fails to supply energy; or (c) makes default in complying with any of the provisions of an order or of any notice or requisition issued under section 5 or section 6; or (d) makes default in complying with any directions issued to him under section 2~a; or 35 (e) makes default in complying with any order issued to him under section 22b 'or sub-section (2) of section 34; shall be punishable with fine which may extend to one thousand rupees, and, in the oose of a continuing offence or default, with a daily fine which may extend to one hundred rupees" 31 in section 44 of the principal act,-~men\lmenl pf aectioll cu· 3 (i) in clause (a), the words ", without giving to the licensee forty-eight hours' notice in writing of his intention" shall be omitted; (ii) in clause (b), the words, "without such licensee's con- 5 sent" shall be omitted \mendment )f ,ection ,7 32 in section 47 of the principal act, after the words "conditions of his license", the words and figures "or in the case of a person who has obtained the sailction of the state government under section 28, with any of the conditions of the sanction" shall be inserted 10 {n,ertion of 33 after section 49 of the principal act, the following section lu' aecshall be inserted, namely:-ion 49a '49a (1) if the person committing an offence under this act )tren~ by is a company, every person who at the time the offence was com-:jmpiiwet mitted was in charge of, and was responsible to, the company for 15 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 contained in this sub-section shall render any such person liable to any punishment, if he proves that 20 the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) n'otwithstanding anything contained in sub-section (1), where an offence under this act has been committed with the 25 consent or connivance of, or is attributable to any neglect on the part of, any director or 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 accordingly 30 explanation-for the purposes of this section,-(a) "company" means any body corporate and includes a fil'tl'l 01' other association of individuals; and (b) "director" in relation to a firm theans a partner in the firm ' 3s amendment if section ,i 34 in section 51 of the principal act, for the words "appliances and apparatus for the transmission of energy, confer upon any public officer or licensee", the words "electric supply-lines, appliances and apparatus for the transmission of energy or for the purpose of telephonic or telegraphic communications necessary for the proper 40 co-ordtnation of works, confer upon any public officer, licensee or any other person engaged in the business of supplying energy to the public under this act" shall be substituted 35 after section 51 of the principal act, the following section shall inseniodot new section be inserted, namely:-51a 5 "51a where the state government engages in the business state govof supplying energy to the public, it shall have all the powers hcrnmenr to ave power~ and obligations of a licensee under this act: and obliga-provided that nothing in seetions 3 to 11 (both inclusive), u~~;sc~f a section 21, sub-sections (2) and (3), sections 22 and 27 or in ander this io clauses i to v (both inclusive), clause vii and clauses ix to ct xii (both inclusive) of the schedule relating to the duties and obligations of a licensee shall apply to the state government: provided further that the provisions of clause vi of the schedule shall apply to the state government in respect of that 15 area only where distribution mains have been laid by the state government and the supply of energy through any of them has commenced" 16 to section 52 of the principal act, the following proviso shall amendment be added namely:-ofsectiod , ~ 20 "provided that where the government or a state electricity board is a party to a dispute, the dispute shall be referred to two ':lrbitrators, one to be appointed by each party to the dispute" 37 in section 54 of the principal act, for the words, figures, amendment brackets and letter "section 5, clause (f), section 6, sub-section (2) ", of aec:tiod 25 the words, figures and brackets "section 5, sub-section (5)" shall s4· 30 be substituted 38 section 56 of the principal act shall be re-numbered as sub- amendment section (1) thereof and after the sub-section as so re-numbered, the of section following sub-section shall be inserted, namely:-56 "(2) no court shall take cognizance of an offence under this act, by a public officer except with the sanction-(a) in the case of a person employed in connection with the affairs of the union, of the central government; and (b) in any other case, of the state government" 39 in the schedule to the principal act,-35 amendment of the schedule (a) in clause 1,-(i) in sub-clauses (a) and (b), for the words, figures brockets and letter "section 4, sub-section (3), clause (b) ", the words figures, letter and brackets "section 4a, subsection (1)" shall be substituted; (ii) in sub-clause (c), after the word "shall", the wortls "unless forfeited" shall be inserted; (b) in clause ii, in sub-clause (b), after the words "and information", the brackets and words" (including technical data and statements of energy generated and sold)" shall be inserted; (c) in clause iii, for the words "capital employed for the purposes of the undertaking", the words "undertaking relating 5 to the generation, supply or distribution of energy" shall be substituted; (d) in clause v,-(i) in sub-clause (1), for the words "six or more", the io words "two or more" shall be substituted; (ii) in sub-clause (1) (a) ,-(a) after the words "written contract", the words "in a form approved by the state government" shall be inserted; (b) for the words "produce annually, at the current 15 rates charged by the licensee, a reasonable return to the licensee", the words and brackets "assure to the licensee at the current rates charged by him, an annual revenue not exceeding fifteen per centum of the cost of the distributing mains (not including transformers and other sub- 20 station equipment) required to comply with the requisition" shall be substituted; (iii) for sub-clausg! (2), the following sub-clause shall be substituted, namely:-, " (2) where any difference or dispute arises between 2s the licensee and such owners or occupiers as to the sufficiency of the security offered under this clause, or as to the cost of the distributing mains or as to the amount of energy to be taken or iuaranteed as aforesaid, the matter shall be referred to the electrical inspector and decided 30 by him"; (e) in clause vi,-(i) in sub-clause (1), in the first proviso, in part (a), for the words "produce, at current rates charged by the licensee, a reasonable return to the licensee", the words "assure to the 3s licensee at the current rates charged by him, an annual revenue not exceeding fifteen per centum of the cost of the service line required to comply with the requisition" shall be substituted; (ii) in sub-clause (3), after the words "by any owner 40 or occupier", the words "or as tt> the position of the meter board" shall be inserted; <f) in clause vii, for the words "any five or more", 1 he words "any two or more" shall be substituted; (g) in clause viii, after sub-clause (2), the following subclause shall be inserted, namely:-5 10 "(3) where the state government or the local authority has complied with the provisions of sub-clauses (1) and (2), it may require the licensee to provide the mains and other equipments for public lamps and if any difference or dispute arises under this clause, it shall be determined by arbitration" ; (h) in clause ix,-(i) in sub-clause (1) (b), for the words "as will produce a reasonable return to the bulk-licensee on the outlay", the words "as will assure to the bulk-licensee an annual revels nue not exceeding fifteen per centum of the outlay" shall be substituted; (ii) sub-clause (1) (c) shall be omitted; (i) in clause x, in sub-clause (2), for the words and brackets "to the local authority (if any) concerned", the words and 20 brackets "to the state electricity board and the local authority (if any) concerned and to the electrical inspector" shall be substituted; (j) clauses xi and xia shall be omitted; (k) in clause xii, after the words "for the public: lamps", 25 the words "and other charges to be paid to him in connection therewith" shall be inserted; (l) in clause xiv, after the words "shall afford", the words "to an electrical inspector or other person authorised by such inspector" shall be inserted; 30 (m) in clause xv,-(i) for the words "electric inspector" where they occur for the first time, the words and brackets "electrical inspector or a person authorised by him in this behalf (hereinafter referred to as the authorised person)" shall be 35 substituted; (ii) for the words "electric inspector" wherever they occur elsewhere in the clause, the words "electrical inspector or the authorised person" shall' be substituted statement of objects and reasonsthe bill is largely based on the recommendations of the advilory board appointed by the government of india ir 1953 to suggest amendments to the indian electricity act, 1910 (hereinafter referred to as the act) in making the~ recommendations, the board had, besides consulting the state governments, given careful consideration to the views of the private sector of th~ electricity supply industry 2 the main objects of the bill are:-(a) to enlarge the scope of facilities available to consumers of electricity; (b) to extend the same facilities to consumers served by a government electricity department, as are enjoyed by consumers of private licensees and state electricity boards; (c) to exercise stricter control over licensees; (d) to take powers to regulate the distribution, supply: consumption and use of energy in certain circumstances; and (e) to provide for the inspection of electric works and installations of the central government 3 with a view to making it easier for even scattered consumers to obtain the supply of electricity, the minimum number of persons entitled to get the mains extended to their premises at the licensee's cost is being reduced from six to two under the existing provisions of the act, the gross revenue to be guaranteed by a consumer before receiving the supply of electricity is not defini'te and varies from undertaking to undertaking such gross revenue is now being specified as 15 per cent of the cost of distribution mains (excluding the equipment in the sub-station) required for compliance with the requisition for supply of electricity this figure is based on the average revenue actually guaranteed by a large majority of consumers of electricity in the country 4 persons served by licensees or state electricity boards, are entitled to certain statutory rights and privileges in respect of extension of the distribution mains', requisitioning the supply of energy and meters, supply of energy for public lighting and freedom to use the energy in a prescribed manner although the government electricity departments generally extend similar facilities to their consumers, no statutory obligation is imposed upon them in this behalf it is accordingly proposed to give the same rights to consumers of a government electricity department as are enjoyed by those receiving supply from a state electricity board 5 control over licensees is being tightened by empowering the state government to forfeit the security deposit of a licensee on account of his failure to, complete within the period specified in the licence, compulsory works referred to in the schedule to the act inspectors appointed to investigate the causes of an electrical accident are being vested with powels of a civil court under the code of civil procedure, 1908, for the purpose of compelling attendance of witnesses and production of documents, etc 6 difficulty is often experienced on account of a licensee neglecting to supply energy promptly to essential services it is, there~ fore, proposed to empower state governments to direct a licensee to supply and to continue to maintain the supply of energy, to essential services within his area of supply any dispute with respect to the price or other tel'llls and conditions governing such supply shall be settled by arbitration with a view to maintaining the supply and equitable distribution of energy, the state governments are also being empowered to regulate the dis~ribution, liupply, consumption or use of energy 7 in view of the increasing share of the central government in the field of generation and utilisation of electricity, it has been found necessary, for ensuring the safety of life and property, to subject their installations in all fields, to inspection and tests, similar to those prescribed in the case of the installations in mines and railways it is, therefore, proposed to authorise the central government, to appoint inspectors with powers exercisable by electrical inspectors for mines and railways under the existing provisions of the act, in respect of all other electric installations under the control of the central government h mohd ibrahim new delhi; the 19th' august, 1958 1114(b) ls-4 clause 2-this clause makes certain formal amendments clause 3-this clause makes a few clarificatory amendments in certain existing definitions and adds a few new definitions clause 4-this clause provides that a state government while granting a licence under the act shall consult the state electricity board it further provides that where an aerodrome is included in the area of supply, the state government shall not grant a licence without ascertaining that the central government has no objection to the grant of such lieence the clause further brings the provisions of section 3 in line with those of paragraph i of the sixth schedule to the electricity (supply) act, 1948 clause 5-this clause provides that where a state government proposes to revoke a licence, it shall consult the state electricity board an additional ground for revocation of a licence would be non-compliance by the licensee with any directions issued under new section 22a the clause further provides for giving an opportunity to the licensee of being heard before his licence is cancelled clause 6-all the provisions relating to the amendment of a licence in the existing act are being made the subject matter of a separate section it is further being provided that before a licence is amended, the state government shall consult the state electricity board clause 7-this clause lays down the procedure to be followed in respect of revocation of a licence, purchase of an undertaking, the conditions on which the undertaking shall vest in the purchaser and the method of determination of the purchase price the existing law on this subject is not being changed except that the state electricity board would have the first option of purchasing the undertaking, the state government the secend option and the local authority which at present had the first option will have the third option clause b-this amendment is consequential on the amendments made by clause 7 clause 9-this clause provides that the state electricity soard shall be consulted before a licensee is permitted to purchase, m' usociat himjelf with, the undertakina of any other licensee or ~o transfer hia own undertaking clauie 1o-this amendment is consequential on the amendments made by clause 7 clause 11-l'his clause permits an occupier of premises, who is not the owner himself, to obtain supply of electricity without the conlent of the owner clause 12--this clause provides that in the case of erection of a service line in, under, over, along or acr08s a railway, the procedurelaid down in clauses (a) to (e) of sub-section (1) of section 13 shall be followed clause 13-this amendment enlarges the power of inspection of a licensee so as to enable him to inspect and test the electric supplylines not only in the premises of the consumers but also in certain other premises or land clau,e h-this clause provides that the state government while approving the conditions of supply of a licensee shall consult the state electricity board it also makes certain other claribcatory amendments clatue i5-this clause adds certain new provisions in the act which empower the state govel'nment to give directions to a licensee in regard to iupply of energy to essential services and also to control the distribution and, consumption of energy clau3e 16-this amendment brings the provisions of section 23 in line with those of paragraph i of the sixth schedule to the electricity (supply) act, 1948 clause 17-this amendment is of a clarificatory nature clause 13-this clause provides that the procedure laid down in section 25 shall apply even w~1en the electric supply-lines are laid by a licensee for the purpose of utilising energy clause 19-this clause prohibits a consumer from connecting or cwconnecting a meter to the electric supply-line himself but makes it obligatory on the licensee to comply with the requisition of the consumer in this behalf it further provides for the reference of any dispute between a licensee and a consumer in regard t~ the alleged inaccuracy of meters, to an electrical inspector clauie 2ft-this clause makes it clear that the sanction of the ste government is ~uired only for engaetng in the business of supplying energy to the public it further provides that sanction for supplying energy cannot be given in an area forming part of cantonment, aerodrome, fortress or a place in occupation of the government for defence purposes except with the consent of the central government clause zl-the amendment made by this clause is clarificatory only clause zz-this clause deftnes the quantum of power for transmission or use of which, through any street, etc, by a person other than a licensee or a sanction holder, a notice is required to be given to the district magistrate and the electrical inspector clause 23-this clause includes within the ambit of section 31 "aerodromes" and "airways" clause 24-'i1lis clause vests electrical inspectors inquiring into the causes of accidents with certain powers of a civil court it also empowers the central government to prescribe the form and manner of sending notice of accidents in connection with the installations with which they are concerned the other amendments made by the clause are clarificatory only clau3e 25-the amendments made by this clause are consequential onlr clause 26-this clause empowers the central government to appoint electrical inspectors for inspecting electric installations of the central government clame 27-this clause provides for the re-constitution of the central electricity board in view of the constitutional changes in the country and for giving representation to the private sector ana the indian standards institution clause 28-the amendment made by this clause is consequential on the amendment made by clause 27 clame 29-this clause makes the rules with referenee to clauses (e) to (;) of sub-section (2) of section 37 of the act binding on the government clame 30-the penal provision;; of section 42 are being enlarged 80 as to include a penalty for contravention of the new provisions added by the bill clause 31-the amendinent made by this clause is consequential on amendment made by clause 19(i) clauss s2-the scope of application of the penal provullons of liiection 47 is being extended to cover cases of sanction holders clause ""-this clause makes specific provision in respect ot offences by companies on the lines of similar provisions inothe, acts clause 34-the amendment made by this clause is clarifteatory only clause 3s-this clause imposes the same obligations on state governments when they engage in the business of supplying electricity to the public, as are imposed on a state electricity board under aection 26 of the electricity (supply) act, 1948 clause 36-this clause provides that where a state government or a state electricity board is a party to a dispute, the dispute shall be referred to two arbitrators, one to be nominated by each party clause 37-this amendment is consequential on the amendment made by clause 6 clause 3b-this clause is intended to protect public officers against frivolous and vexatious prosecutions clame 39-(a) (i) the amendments are consequential on the amendment made by clause 6 (ii) this amendment makes it clear that the state government shall be competent to forfeit the security of a licensee for his failure to complete "compulsory works" in time (b) this is a formal amendment (c) this makes a c1arificatory amendment (d) (i) th~ minimum number of persons entitled to require the licensee to extend his mains to the locality where such persons reside has been reduced from six to two (ii) (a) the form of agreement to be executed between a licensee and his consumers is to be approved by the state government (b) this defines the "reasonable return" to be assured by the consumers of a licensee (iii) this provides that all disputes between a licensee and the owners or occupiers arising out of the provisions of elause v of the sched\lle ihall be determined by th electrical lnlpector (e) (i) this amendment is related to the amendment made by sub-clauae (d) (ii) (b) (ii) this enlarges the scope of matters, difference or dilpute regarding which, between a licensee and a consumer, may be referred to an electrical inspector (n thb amendment is related to the amendment made by i\tb-elaue (d) (i) (g) 'rhis empowers the state government and the local authority to require the licensee to provide mains and other equipm_t for public lamps it further lays down the manner in whjcll dijputte between a licensee and the authorities concerned sblll be detennined in such cases (h) (i) this amendment is related to the amendment made by 8ub-elaute (d) (u) (b) (it) this amendment is consequential on the amendment made by clause 4(ii) (b) (i) this provides that the notice regarding the change of the method of charge shall also be given to the state electricity board and the electrical inspector (j) this amendment is consequential on the ameadment made by clause 4(ii) (b) (k) this amendment is consequential on the amendment made by sub-clause (g) (l) this is a clarificatory amendment only (m) this amendment is consequential on the amendment made by sub-clause (l) financial memorandumsection 36 of the indian electricity act, 1910 (9 of 1910) empowers the central government to appoint electrical inspectors in relation to mines, oil-fields and railways under clause 26 of the bill, read with clause 3 (ii) of the bill, the central government i further being empowered to appoint such inspectors to examine and test any works or electric installations belonging to, or under the control of, the central government in all the remaining departments, eg, aerodromes, telegraphs, broadcasting statigds, and any works of defence, etc the proposed amendment would involve a recurring expenditure of approximately rupees two lakhs per annum, in addition to a non-recurring expenduure of rupeee twenty thousand a billfurther to amend the indian electricity act, 1910 the president has, in pursuance of clause (3) of article 1i7 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary (hafiz mohammad ibrahim, mmister of irrigation and pofder) | Parliament_bills | 60aeb523-54db-5263-9b9b-3e25921c57d8 |
bill no 126 of 2021 the national commission for homoeopathy (amendment) bill, 2021 a billfurther to amend the national commission for homoeopathy act, 2020be it enacted by parliament in the seveny-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the national commission for homoeopathy (amendment) act, 20215(2) it shall come into force at onceamendment of section 5815 of 20202 in section 58 of the national commission for homoeopathy act, 2020, after sub-section (4), the following sub-section shall be inserted, namely:—59 of 19731023 of 2018ord 6 of 202115 "(5) notwithstanding the expiration of the period for reconstitution of the central council under section 3a of the homoeopathy central council act, 1973, as inserted by the homoeopathy central council (amendment) act, 2018, all acts done by the board of governors constituted under sub-section (4) of that section and all the powers and functions of the central council exercised and performed by it under the repealed act, as amended by the homoeopathy central council (amendment) ordinance, 2021, immediately before the commencement of this act, shall be deemed to have been done or taken under the provisions of this act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this act" statement of objects and reasonsthe homoeopathy central council act, 1973 (59 of 1973), which was enacted to provide for the constitution of a central council of homoeopathy and the maintenance of a central register of homoeopathy and for matters connected therewith, has been replaced by the national commission for homoeopathy act, 2020 (15 of 2020)2 prior to such enactment, and subsequent to the introduction of the national commission for homoeopathy act, 2020 in parliament, the central council of homoeopathy had failed in its responsibilities and not cooperated willfully with the central government in carrying out its duties in the manner required to safeguard the standards of education and practice of homoeopathy therefore, the homoeopathy central council act, 1973 (repealed act) was amended vide the homoeopathy central council (amendment) act, 2018 (23 of2018) to empower the central government to supersede the central council of homoeopathy and to constitute the board of governors to exercise the powers and to perform the functions of the central council under the repealed act till the central council was reconstituted within a period of one year however, as the central council of homoeopathy could not be reconstituted within said period, the period was extended from time to time, from one year to two years and from two years to three years by promulgating ordinances which were subsequently replaced by acts of parliament3 though the national commission for homoeopathy act, 2020 was enacted on the20th september, 2020, the national commission for homoeopathy could not be set up immediately under the said act since the appointment and nomination of members of said commission and recruitment of staff for the secretariat to the commission was taking some time moreover, the homoeopathy central council act, 1973 had not been repealed as the board of governors was in the process of conducting inspections for the academic year 2021-22 and its tenure was coming to end on 17th may, 2021, there was an immediate need for legislation to further extend the period for reconstitution of the central council from three years to four years therefore, the homoeopathy central council (amendment) ordinance, 2021 (ord 6 of 2021) was promulgated on the 16th may, 2021 to achieve this end4 the national commission for homoeopathy was constituted on the 5th july, 2021and on the same date, the homoeopathy central council act, 1973 was repealed and the central council of homoeopathy was superseded though a decision was taken that subsequent to the repeal of the said act, it is not appropriate to move a replacement bill before parliament to replace the aforesaid ordinance, nevertheless, the actions taken by the board of governors under the said ordinance up to the date of repeal of the said act are required to be saved5 therefore, it is proposed to amend the national commission for homoeopathy act, 2020 to insert a new sub-section (5) in section 58 thereof, to provide that all acts done, and all the powers and functions of the central council exercised and performed, by the board of governors under the repealed act, immediately before the commencement of the national commission for homoeopathy act, 2020, shall be deemed to have been done or taken under that act and shall continue in force unless and until superseded by anything done or any action taken under that act6 the bill seeks to achieve the above objects new delhi; sarbananda sonowalthe 4th august, 2021 financial memorandumthe provision of the bill does not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india———— a billfurther to amend the national commission for homoeopathy act, 2020————(shri sarbananda sonowal, minister for ayush)mgipmrnd—624ls(s3)—5-8-2021 corrigenda to the national commission for homoeopathy (amendment) bill, 2021 [to be/as introduced in lok sabha] 1 page 1, in the long title of the bill,- for "further to amend the" read "to amend the" 2 page 1, line 1,- for "the seveny-second" read "the seventy-second" 3 in the docket page,- for "further to amend the" read "to amend the" new delhi; august 6, 2021_________ sravana 15, 1943 (saka) | Parliament_bills | 9835d543-b2d0-57e0-9a24-5cd004b904c7 |
bill no 113 of 2020 the farmers' produce trade and commerce (promotion and facilitation) bill, 2020 a billto provide for the creation of an ecosystem where the farmers and traders enjoy thefreedom of choice relating to sale and purchase of farmers' produce whichfacilitates remunerative prices through competitive alternative trading channels; to promote efficient, transparent and barrier-free inter-state and intra-state trade and commerce of farmers' produce outside the physical premises of markets or deemed markets notified under various state agricultural produce market legislations;to provide a facilitative framework for electronic trading and for matters connected therewith or incidental thereto be it enacted by parliament in the seventy-first year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,––(c) "farmers' produce" means,––5(i) foodstuffs including cereals like wheat, rice or other coarse grains, pulses, edible oilseeds, oils, vegetables, fruits, nuts, spices, sugarcane and products of poultry, piggery, goatery, fishery and dairy intended for human consumption in its natural or processed form;(ii) cattle fodder including oilcakes and other concentrates; and (iii) raw cotton whether ginned or unginned, cotton seeds and raw jute;10(a) "electronic trading and transaction platform" means a platform set up to facilitate direct and online buying and selling for conduct of trade and commerce of farmers' produce through a network of electronic devices and internet applications, where each such transaction results in physical delivery of farmers' produce;(b) "farmer" means an individual engaged in the production of farmers' produce by self or by hired labour or otherwise, and includes the farmer producer organisation;15(d) "farmer producer organisation" means an association or group of farmers, by whatever name called,––(i) registered under any law for the time being in force; or (ii) promoted under a scheme or programme sponsored by the central or the state government;20(e) "inter-state trade" means the act of buying or selling of farmers' produce, wherein a trader of one state buys the farmers'produce from the farmer or a trader of another state and such farmers' produce is transported to a state other than the state in which the trader purchased such farmers' produce or where such farmers' produce originated;25(f) "intra-state trade" means the act of buying or selling of farmers' produce, wherein a trader of one state buys the farmers' produce from a farmer or a trader of the same state in which the trader purchased such farmers' produce or where such farmers' produce originated;30(g) "notification" means a notification published by the central government or the state governments in the official gazette and the expressions "notify" and "notified" shall be construed accordingly;(h) "person" includes––(a) an individual; (b) a partnership firm;35(c) a company; (d) a limited liability partnership; (e) a co-operative society; (f) a society; or40(g) any association or body of persons duly incorporated or recognised as a group under any ongoing programmes of the central government or the state government; (i) "prescribed" means prescribed by the rules made by the central government under this act;(j) "scheduled farmers' produce" means the agricultural produce specified under any state apmc act for regulation;(k) "state" includes the union territory;5(l) "state apmc act" means any state legislation or union territory legislationin force in india, by whatever name called, which regulates markets for agricultural produce in that state;(m) "trade area" means any area or location, place of production, collection and aggregation including––(a) farm gates;10(b) factory premises; (c) warehouses; (d) silos; (e) cold storages; or (f) any other structures or places,15from where trade of farmers' produce may be undertaken in the territory of india but does not include the premises, enclosures and structures constituting––(i) physical boundaries of principal market yards, sub-market yardsand market sub-yards managed and run by the market committees formed under each state apmc act in force in india; and20(ii) private market yards, private market sub-yards,direct marketingcollection centres, and private farmer-consumer market yards managed by persons holding licenses or any warehouses, silos, cold storages or other structures notified as markets or deemed markets under each state apmc act in force in india;25(n) "trader" means a person who buys farmers' produce by way of inter-statetrade or intra-state trade or a combination thereof, either for self or on behalf of one or more persons for the purpose of wholesale trade, retail, end-use, value addition, processing, manufacturing, export, consumption or for such other purpose chapter ii 30 promotion and facilitation of trade and commerce of farmers' produce3 subject to the provisions of this act, any farmer or trader or electronic trading and transaction platform shall have the freedom to carry on the inter-state or intra-state trade and commerce in farmers' produce in a trade areafreedom to conduct trade and commerce in a trade area4 (1) any trader may engage in the inter-state trade or intra-state trade of scheduled farmers' produce with a farmer or another trader in a trade area:35trade and commerce of scheduled farmers'produce43 of 1961provided that no trader, except the farmer producer organisations or agricultural cooperative society, shall trade in any scheduled farmers' produce unless such a trader has a permanent account number allotted under the income-tax act, 1961 or such other document as may be notified by the central government40(2) the central government may, if it is of the opinion that it is necessary and expedientin the public interest so to do, prescribe a system for electronic registration for a trader, modalities of trade transaction and mode of payment of the scheduled farmers' produce in a trade area(3) every trader who transacts with farmers shall make payment for the traded scheduled farmers' produce on the same day or within the maximum three working days if procedurally so required subject to the condition that the receipt of delivery mentioning the due payment amount shall be given to the farmer on the same day:5provided that the central government may prescribe a different procedure of payment by farmer produce organisation or agriculture co-operative society, by whatever name called, linked with the receipt of payment from the buyers43 of 196110electronic trading and transaction platform5 (1) any person (other than individual), having a permanent account number allotted under the income-tax act, 1961or such other document as may be notified by the central government or any farmer producer organisation or agricultural cooperative society may establish and operate an electronic trading and transaction platform for facilitating inter- state or intra-state trade and commerce of scheduled farmers' produce in a trade area:15provided that the person establishing and operating an electronic trading and transaction platform shall prepare and implement the guidelines for fair trade practices such as mode of trading, fees, technical parameters including inter-operability with other platforms, logistics arrangments, quality assessment, timely payment, dissemination of guidelines in local language of the place of operation of the platform and such other matters(2) if the central government is of the opinion that it is necessary and expedient in public interest so to do, it may, for electronic trading platforms, by rules––| ( | a | ) specify the procedure, norms, manner of registration; and ||-----------------------------------------------------------------------------------------|-----|--------------------------------------------------------------------------------------|| 20 | | || ( | b | ) specify the code of conduct, technical parameters including inter-operability with || other platform and modalities of trade transaction including logistics arrangements and | | || quality assessment of scheduled farmers' produce and mode of payment, | | || 25 | | |for facilitating fair inter-state and intra-state trade and commerce of scheduled farmers' produce in a trade area6 no market fee or cess or levy, by whatever name called, under any state apmc act or any other state law, shall be levied on any farmer or trader or electronic trading and transaction platform for trade and commerce in scheduled farmers' produce in a trade areamarket fee under state apmc act, etc, in trade area307 (1) the central government may, through any central government organisation, develop a price information and market intelligence system for farmers' produce and a framework for dissemination of information relating theretoprice information and market intelligence system(2) the central government may require any person owning and operating an electronic trading and transaction platform to provide information regarding such transactions as may be prescribed35explanation––for the purposes of this section, the expression "central governmentorganisation" includes any sub-ordinate or attached office, government owned or promoted company or society chapter iii dispute resolution40dispute resolution mechanism for farmers8 (1) in case of any dispute arising out of a transaction between the farmer and a traderunder section 4, the parties may seek a mutually acceptable solution through conciliation by filing an application to the sub-divisional magistrate who shall refer such dispute to a conciliation board to be appointed by him for facilitating the binding settlement of the dispute45(2) every board of conciliation appointed by the sub-divisional magistrate undersub-section (1), shall consist of a chairperson and such members not less than two and notmore than four, as the sub-divisional magistrate may deem fit(3) the chairperson shall be an officer serving under the supervision and control of the sub-divisional magistrate and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party:5provided that, if any party fails to make such recommendation within seven days, thesub-divisional magistrate shall appoint such persons as he thinks fit to represent that party(4) where, in respect of any dispute, a settlement is arrived at during the course of conciliation proceedings, a memorandum of settlement shall be drawn accordingly and signed by the parties to such dispute which shall be binding upon the parties10(5) if the parties to the transaction under sub-section (1) are unable to resolve thedispute within thirty days in the manner set out under this section, they may approach the sub-divisional magistrate concerned who shall be the "sub-divisional authority" for settlement of such dispute15(6) the sub-divisional authority on its own motion or on a petition or on the referencefrom any government agency take cognizance of any contravention of the provisions of section 4 or rules made thereunder and take action under sub-section (7)(7) the sub-divisional authority shall decide the dispute or contravention under this section in a summary manner within thirty days from the date of its filing and after giving the parties an opportunity of being heard, he may––(a) pass an order for the recovery of the amount under dispute; or20(b) impose a penalty as stipulated in sub-section (1) of section 11; or(c) pass an order for restraining the trader in dispute from undertaking any tradeand commerce of scheduled farmers' produce, directly or indirectly under this act for such period as it may deem fit25(8) any party aggrieved by the order of the sub-divisional authority may prefer anappeal before the appellate authority (collector or additional collector nominated by the collector) within thirty days of such order who shall dispose of the appeal within thirty days from the date of filing of such appeal30(9) every order of the sub-divisional authority or appellant authority under thissection shall have force of the decree of a civil court and shall be enforceable as such, and decretal amount shall be recovered as arrears of land revenue(10) the manner and procedure for filing a petition or an application before the sub-divisional authority and appeal before the appellate authority shall be such as may be prescribed35 40suspension or cancellation of right to operate in electronic trading and transaction platform9 (1) the agriculture marketing adviser, directorate of marketing and inspection,government of india or an officer of the state government to whom such powers are delegated by the central government in consultation with the respective state government may, on its own motion or on a petition or on the reference from any government agency, take cognizance of any breach of the procedures, norms, manner of registration and code of conduct or any breach of the guidelines for fair trade practices by the electronic trading and transaction platform established under section 5 or contravenes the provisions of section 7 and, by an order within sixty days from the date of receipt and for the reasons to be recorded, he may—(a) pass an order for the recovery of the amount payable to the farmers andtraders;45(b) impose a penalty as stipulated in sub-section (2) of section 11; or (c) suspend for such period as he deems fit or cancel the right to operate as anelectronic trading and transaction platform:provided that no order for recovery of amount, imposition of penalty or suspension or cancellation of the right to operate shall be passed without giving the operator of such electronic trading and transaction platform an opportunity of being heard5(2) every order made under sub-section (1) shall have force of the decree of a civil court and shall be enforceable as such and the decretal amount shall be recovered as arrears of land revenue10 (1) any person aggrieved by an order under section 9 may, prefer an appeal within sixty days from the date of such order, to an officer not below the rank of joint secretary to the government of india to be nominated by the central government for this purpose:appeal against cancellation of right to operate10provided that an appeal may be admitted even after the expiry of the said period of sixty days, but not beyond a total period of ninety days, if the appellant satisfies the appellate authority, that he had sufficient cause for not preferring the appeal within the said period15(2) every appeal made under this section shall be made in such form and manner, and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed(3) the procedure for disposing of an appeal shall be such as may be prescribed (4) an appeal filed under this section shall be heard and disposed of within a period of ninety days from the date of its filing:20provided that before disposing of an appeal, the appellant shall be given an opportunity of being heard chapter iv penalties25penalty for contravention of act and rules11 (1) whoever contravenes the provisions of section 4 or the rules made thereunder shall be liable to pay a penalty which shall not be less than twenty-five thousand rupees but which may extend up to five lakh rupees, and where the contravention is a continuing one, further penalty not exceeding five thousand rupees for each day after the first day during which the contravention continues30(2) if any person, who owns, controls or operates an electronic trading and transaction platform, contravenes the provisions of sections 5 and 7 or the rules made thereunder shall be liable to pay a penalty which shall not be less than fifty thousand rupees but which may extend up to ten lakh rupees, and where the contravention is a continuing one, further penalty not exceeding ten thousand rupees for each day after the first day during which the contravention continues chapter v miscellaneous354012 the central government may, for carrying out the provisions of this act, give such instructions, directions, orders or issue guidelines as it may deem necessary to any authority or officer subordinate to the central government, any state government or any authority or officer subordinate to a state government, an electronic trading and transaction platform or to any person or persons owning or operating an electronic trading and transaction platform, or a trader or class of traderspowers of central government to issue instructions, directions, orders or guidelines protection of action taken in good faith13 no suit, prosecution or other legal proceedings shall lie against the central government or the state government, or any officer of the central government or the state government or any other person in respect of anything which is in good faith done or intended to be done under this act or of any rules or orders made thereunder45act to have overriding effect14 the provisions of this act shall have effect, notwithstanding anything inconsistenttherewith contained in any state apmc act or any other law for time being in force or in any instrument having effect by virtue of any law for the time being in force5bar of jurisdiction of civil court15 no civil court shall have jurisdiction to entertain any suit or proceedings in respectof any matter, the cognizance of which can be taken and disposed of by any authority empowered by or under this act or the rules made thereunder42 of 195616 nothing contained in this act, shall be applicable to the stock exchanges andclearing corporations recognised under the securities contracts (regulation) act, 1956 and the transactions made thereunderact not to apply to certain transactions1017 (1) the central government may, by notification, make rules for carrying out theprovisions of this actpower of central government to make rules(2) in particular and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely:––15(a) the system of electronic registration for a trader and modalities of tradetransaction of scheduled farmers' produce under sub-section (2) of section 4;(b) the procedure of payment under proviso to sub-section (3) of section 4;(c) the manner and procedure for filing a petition or an application before thesub-divisional authority and appeal before the appellate authority under sub-section (10) of section 8;20(d) the information regarding transactions under sub-section (2) of section 9; (e) the form and manner and the fee payable for filing an appeal undersub-section (2) of section 10;(f) the procedure for disposing of an appeal under sub-section (3) of section 10(g) any other matter which is to be or may be prescribed25laying of rules3018 every rule made by the central government under this act shall be laid, as soon asmay 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 rule35power to remove difficulties19 (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 for removing the difficulty:40provided that no order shall be made under this section after the expiry of the period of three 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 parliamentrepeal and savings20 (1) the farmers' produce trade and commerce (promotion and facilitation)ordinance, 2020 is hereby repealedord 10 of 202045(2) notwithstanding such repeal, anything done or any action under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsagriculture provides most of the world's food and fabrics keeping in view the importance of agriculture, the states have enacted the agricultural produce market committee (apmc) acts to develop market-yard as market place and to provide regulation on marketing practices of notified agricultural produce however, the regulatory provisions hindered the freedom of choice-based marketing and also the inflow of investment in development of alternative markets and marketing infrastructure2 the government of india had circulated the model apmc act, 2003 and the model agricultural produce and livestock marketing (promotion and facilitating) act, 2017 to the states to reform their apmc acts with a view to increase competitiveness in agriculture supply chain, provide freedom to farmers to sell their produce through alternative marketing channels to get the fair prices through the market framework under the state legislations however, the states have not embraced the reforms in a uniform manner, and the lack of homogeneity in the laws has been obstructing a competitive pricing environment for the farmers and is becoming an impediment to the evolution of a modern trading system3 agriculture not only meets the food security requirements of the country, but also provides raw material to the agro-industry which culminates into job creation and earning of foreign exchange through export directly linking the agro-industry with the farmers shortens the supply chain, reduces the marketing cost and post-harvest losses and most importantly enhances farmers' income4 to keep pace with the dynamically changing agri-economy, e-commerce and agri-exports and also to meet the rising expectations of farmers and consumers, the country needs an accessible and competitive trading system outside the physical space of the notified market-yards under the state apmc acts5 in the light of above circumstances, it has become necessary to enact a central legislation to provide a more competitive and hassle free eco-system where farmers and traders have the choice to sell their produce in an efficient, transparent and competitive environment to realise remunerative prices however, as parliament was not in session and an urgent legislation was required to be made, the president promulgated the farmers' produce trade and commerce (promotion and facilitation) ordinance, 2020 (ord 10 of 2020) under clause (1) of article 123 of the constitution on the 5th day of june, 20206 the farmers' produce trade and commerce (promotion and facilitation) bill, 2020which seeks to replace the aforesaid ordinance, inter alia, provides for the following, namely:—(a) freedom of choice to the farmer or trader to conduct trade and commerce in a trade area;(b) no trader shall be allowed to trade in a scheduled farmers' produce unless such a trader has a permanent account number or such other documents as may be notified by the central government;(c) to allow any person or any farmer producer organisation or primary agricultural cooperative society to establish and operate an electronic trading and transaction platform for facilitating inter-state and intra-state trade and commerce of a scheduled farmers' produce;(d) no market fee or cess shall be levied on any farmer or trader or electronic trading and transaction platform for trade and commerce in scheduled farmers'produce in a trade area;(e) a dispute resolution mechanism in case of disputes between the farmers and traders; and(f) to enable the central government to develop a "price information and market intelligence system" for farmers' produce and a framework for dissemination of such information; 7 the bill seeks to replace the aforesaid ordinancenew delhi;narendra singh tomarthe 7th september, 2020 financial memorandum the provisions of the proposed legislation does not involve any expenditure either recurring or non-recurring from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 17 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legislation sub-clause (2) of said clause provides that such rules may provide for—(a) the system of electronic registration for a trader and modalities of trade transaction of scheduled farmers' produce under sub-section (2) of section 4; (b) the procedure of payment under proviso to sub-section (3) of section 4; (c) the manner and procedure for filing a petition or an application before the sub-divisional authority and appeal before the appellate authority under sub-section (10) of section 8; (d) the information regarding transactions under sub-section (2) of section 9; (e) the form and manner and the fee payable for filing an appeal under sub-section (2) of section 10; (f) the procedure for disposing of an appeal under sub-section (3) of section 10; and (g) any other matter which is to be or may be prescribed2 the matters in respect of which the rules 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———— a billto provide for the creation of an ecosystem where the farmers and traders enjoy thefreedom of choice relating to sale and purchase of farmers' produce which facilitates remunerative prices through competitive alternative trading channenels to promote efficient, transparent and barrier-free inter-state and intra-state trade and commerce of farmers' produce outside the physical premises of markets or deemed markets notified under various state agricultural produce market legislations; to provide a facilitative framework for electronic trading and for matters connected therewith or incidental thereto————(shri narendra singh tomar, minister of agriculture and farmers welfare)mgipmrnd—373ls—(s3)—09092020 the farmers' produce trade and commerce (promotion and facilitation) bill, 2020 [to be/as introduced in lok sabha]1page 2, omit lines 2 to 82page 2, after line 14,-insert "(c) "farmers' produce" means,––(i) foodstuffs including cereals like wheat, rice or other coarse grains, pulses, edible oilseeds, oils, vegetables, fruits, nuts, spices, sugarcane and products of poultry, piggery, goatery, fishery and dairy intended for human consumption in its natural or processed form;(ii) cattle fodder including oilcakes and other concentrates; and(iii) raw cotton whether ginned or unginned, cotton seeds and raw jute;"new delhi;11 september, 2020______ bhadrapada 20, 1942 (saka) | Parliament_bills | 19adaddb-6fc4-5776-a452-e2ce0f446103 |
bill no 19 of 2011 the national capital territory of delhi laws (special provisions) bill, 2011 a billto make special provisions for the national capital territory of delhi for a further periodup to the 31st day of december, 2011 and for matters connected therewith or incidentaltheretowhereas there had been phenomenal increase in the population of the national capital territory of delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the master plan for delhi, 2001 and the relevant acts and building bye-laws made thereunder;and whereas the master plan for delhi, 2001 was extensively modified and notified by the central government on the 7th day of february, 2007 with the perspective for the year 2021 keeping in view the emerging new dimensions in urban development vis-a-vis the social, financial and other ground realities;and whereas the master plan for delhi with the perspective for the year 2021specifically provides for strategies for housing for urban poor as well as to deal with the informal sector;and whereas a strategy and a scheme has been prepared by the local authorities in the national capital territory of delhi for regulation of urban street vendors in accordance with the national policy for urban street vendors and the master plan for delhi, 2021, and is being implemented;and whereas based on the policy finalised by the central government regarding regularisation of unauthorised colonies, village abadi area and its extension, the guidelines and regulations for this purpose have been issued;and whereas in pursuance of the guidelines and regulations necessary steps are being taken for regularisation of unauthorised colonies which, inter alia, involve scrutiny of layout plans, assessment of built up percentage existed as on the 31st day of march, 2002, identification of mixed use of streets, approval of layout plans, fixation of boundaries, change in land use and identification of colonies not eligible for regularisation;and whereas more time is required for proper implementation of the scheme regarding hawkers and urban street vendors and for the regularisation of unauthorised colonies, village abadi area and its extension;delhi act 7 of 2010and whereas the revised policy for proper arrangements for relocation and rehabilitation of slum dwellers and jhuggi-jhompri clusters in the national capital territory of delhi has been formulated and accordingly, the delhi urban shelter improvement board act, 2010 has been enacted by the government of national capital territory of delhi and notified with effect from the 1st july, 2010 to provide for implementation of schemes for improvement of slums and jhuggi-jhompri clusters with a view to bring improvement in environment and living conditions, and to prepare housing scheme for such persons;and whereas the draft policy regarding farm houses is under consideration in the delhi development authority;and whereas pursuant to the master plan for delhi, 2021, the zonal development plans in respect of various zones have been notified which provides for regularisation of schools, dispensaries, religious institutions and cultural institutions;and whereas the policy with respect to storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land are under consideration of the central government in consultation with the delhi development authority;43 of 2007and whereas the national capital territory of delhi laws (special provisions) act,2007 was enacted on the 5th day of december, 2007 to make special provisions for the areas of the national capital territory of delhi for a period up to the 31st day of december, 2008 which ceased to operate after the 31st december, 2008;24 of 2009and whereas the national capital territory of delhi laws (special provisions) act,2009 was enacted in continuation of the aforesaid act for a period up to the 31st day of december, 2009 to make special provisions for the areas of the national capital territory of delhi and that act ceased to operate after the 31st day of december, 2009;40 of 2009and whereas the national capital territory of delhi laws (special provisions) second act, 2009 was enacted in continuation of the aforesaid act for a period up to the 31st day of december, 2010 to make special provisions for the areas of the national capital territory of delhi and that act ceased to operate after the 31st day of december, 2010;and whereas it is expedient to have a law in terms of the master plan for delhi, 2021, in continuation of the said act for a period up to the 31st day of december, 2011 to provide for temporary relief and to minimise avoidable hardships and irreparable loss to the people of the national capital territory of delhi against any action by the concerned agency in respect of persons covered by the policies referred to abovebe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the national capital territory of delhi laws (special provisions) act, 2011(2) it extends to the national capital territory of delhishort title, extent, commencement and duration(3) it shall be deemed to have come into force on the 1st day of january, 2011510 of 1897(4) it shall cease to have effect on the 31st day of december, 2011, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the general clauses act, 1897, shall apply as if this act had then been repealed by a central actdefinitions2 (1) in this act, unless the context otherwise requires,—1066 of 1957punjab act 3 of 191161 of 1957(a) "building bye-laws" means bye-laws made under section 481 of the delhi municipal corporation act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the punjab municipal act, 1911, as in force in new delhi or the regulations made under sub-section (1) of section 57 of the delhi development act, 1957, relating to buildings;1566 of 1957(b) "delhi" means the entire area of the national capital territory of delhi except the delhi cantonment as defined in clause (11) of section 2 of the delhi municipal corporation act, 1957;20(c) "encroachment" means unauthorised occupation of government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use;66 of 195744 of 1994 61 of 1957(d) "local authority" means the delhi municipal corporation established under the delhi municipal corporation act, 1957, or the new delhi municipal council established under the new delhi municipal council act, 1994 or the delhi development authority established under the delhi development act, 1957, legally entitled to exercise control in respect of the areas under their respective jurisdiction;2561 of 1957(e) "master plan" means the master plan for delhi with the perspective for the year 2021, notified vide notification number so141(e), dated the 7th day of february, 2007 under the delhi development act, 1957;| ( | f | ) "notification" means a notification published in the official gazette; ||-------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| 30 | | || ( | g | ) || law against unauthorised development and shall include demolition, sealing of premises | | || and displacement of persons or their business establishment from their existing location, | | || whether in pursuance of court orders or otherwise; | | || ( | h | ) || 35 | | || 61 of 1957 | | || ( | i | ) || 66 of 1957 | | || ( | ii | ) the municipal corporation of delhi, the delhi municipal corporation || act, 1957; and | | || 44 of 1994 | | || ( | iii | ) the new delhi municipal council, the new delhi municipal council || act, 1994; | | || 40 | | || ( | i | ) "unauthorised development" means use of land or use of building or || construction of building or development of colonies carried out in contravention of | | || the sanctioned plans or without obtaining the sanction of plans, or in contravention of | | || the land use as permitted under the master plan or zonal plan or layout plan, as the | | || case may be, and includes any encroachment | | |45(2) words and expressions used but not defined herein shall have the meanings respectively assigned to them in the delhi development act, 1957, the delhi municipal corporation act, 1957 and the new delhi municipal council act, 199461 of 1957 66 of 1957 44 of 1994enforcement to be kept in abeyance53 (1) notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalise norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, hawkers and urban street vendors, unauthorised colonies, village abadi area (including urban villages), and its extension, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:10delhi act 7 of 2010(a) orderly arrangments for relocation and rehabilitation of slum dwellers and jhuggi-jhompri clusters in the national capital territory of delhi in accordance with the provisions of the delhi urban shelter improvement board act, 2010 and the master plan for delhi, 2021 to ensure its development in a sustainable, planned and humane manner;15(b) scheme and orderly arrangements for regulation of urban street vendors in consonance with the national policy for urban street vendors and hawkers as provided in the master plan for delhi, 2021;20(c) orderly arrangements pursuant to guidelines and regulations for regularisation of unauthorised colonies, village abadi area (including urban villages) and its extension, as existed on the 31st day of march, 2002, and where construction took place even beyond that date and up to the 8th day of february, 2007;(d) policy regarding existing farm houses involving construction beyond permissible building limits; and25(e) policy or plan for orderly arrangement regarding schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land (2) subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo—30(i) as on the 1st day of january, 2006 in respect of encroachment or unauthorised development; and35(ii) in respect of unauthorised colonies, village abadi area (including urban villages) and its extension, which existed on the 31st day of march, 2002 and where construction took place even beyond that date and up to the 8th day of february, 2007, mentioned in sub-section (1), shall be maintained(3) all notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of december, 201140(4) notwithstanding any other provision contained in this act, the central government may, at any time before the 31st day of december, 2011, withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be454 during the period of operation of this act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development, namely:—provisions of this act not to apply in certain cases(a) encroachment on public land except in those cases which are covered under clauses (a), (b) and (c) of sub-section (1) of section 3;(b) removal of slums and jhuggi-jhompri dwellers, hawkers and urban streetvendors, unauthorised colonies or part thereof, village abadi area (including urban villages) and its extension in accordance with the relevant policies approved by the central government for clearance of land required for specific public projects55 the central government may, from time to time, issue such directions to the localauthorities as it may deem fit, for giving effect to the provisions of this act and it shall be the duty of the local authorities, to comply with such directionspower of central government to give directions106 notwithstanding any judgment, decree or order of any court, all things done, or,omitted to be done, and all action taken, or, not taken, during the period beginning on or after the 1st day of january, 2011 and ending immediately before the date of commencement of this act, shall, in so far as they are in conformity with the provisions of this act, be deemed to have been done, or, omitted to be done, or, taken, or, not taken, under these provisions as if such provisions were in force at the time such things were done or omitted to be done and action taken or not taken during the aforesaid periodvalidation of acts done or omitted to be done, etc, during 1st january, 2011 up to the date of commencement of this act statement of objects and reasonsthe delhi laws (special provisions) act, 2006 was enacted to address several orders and directions passed by the supreme court and the high court of delhi in cases pending before them regarding contentious issues which were confronting the city of delhi, namely, unauthorised constructions, commercial use of residential premises, encroachment on public land by slum dwellers and jhuggi-jhompri clusters, problems relating to urban street vendors, which were affecting the lives of millions of people2 the said act, inter alia, required the central government with a time period of one year to take all possible steps to finalise norms, policy guidelines and feasible strategies to deal with the problems of certain forms of unauthorised development with regard to mixed land use not conforming to the master plan, construction beyond sanctioned plans, encroachment by slum and jhuggi-jhompri dwellers, hawkers and urban street vendors it also provided for status quo as on the 1st day of january, 2006 to be maintained in respect of these categories of unauthorised development, subject to certain conditions notwithstanding any judgement, decree or order of any court similarly, it provided that all notices issued by the local bodies for initiating action against these categories of unauthorised developments shall be deemed to have been suspended and that no punitive action shall be taken during the said period of one year3 the delhi laws (special provisions) act, 2006 remained effective for a period of one year and lapsed on the 18th may, 2007 in the intervening period, the master plan for delhi 2021 was notified on 7th february, 2007, incorporating extensive amendments in respect of provisions governing mixed land use, and for construction beyond sanctioned plans, thus providing much needed relief in the case of unauthorised development with regard to mixed land use not conforming to the master plan and construction beyond sanctioned plans4 in view of the fact that the provisions of the aforesaid act ceased to operate on and after the 19th may, 2007, and that some more time was needed for making policy guidelines and feasible strategies or schemes to deal with the problems of unauthorised development in certain categories, such as, slum and jhuggi-jhompri dwellers, urban street vendors and hawkers, farm houses, schools, dispensaries, religious institutions, cultural institutions built in rural areas on agricultural land, the national capital territory of delhi laws (special provisions) ordinance, 2007 was promulgated on the 4th july, 20075 meanwhile, in view of some important developments in regard to sealing of commercial premises in the unauthorised colonies, the scope of the proposed replacement bill, namely, the national capital territory of delhi laws (special provisions) bill, 2007 was decided to widen to maintain status quo in respect of unauthorised colonies including village abadi and its extension, storages, warehouses and godowns meant for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land which could not be passed as parliament was adjourned sine die on the 14th september, 2007 and in view of the exigencies involved, the national capital territory of delhi laws (special provisions) second ordinance, 2007 was promulgated on the 15th september, 2007, the provisions of which were in force up to the 31st december, 2008 to maintain status quo so that no punitive action is taken during this period in respect of the categories of unauthorised development as given above6 the national capital territory of delhi laws (special provisions) second ordinance,2007 was replaced by the national capital territory of delhi laws (special provisions) act,2007 on 5th december, 2007 and the provisions of that act remained in force up to the 31st december, 20087 further, the national capital territory of delhi laws (special provisions) act, 2009was enacted on 16th march, 2009 to make special provisions for the areas of the national capital territory of delhi for a further period up to the 31st day of december, 2009 again the national capital territory of delhi laws (special provisions) second act, 2009 was enacted for a period up to the 31st day of december, 2010 to make special provisions for the areas of the national capital territory of delhi and that act ceased to operate after 31st december, 20108 subsequent to enactment of the national capital territory of delhi laws (special provisions) second act, 2009,—(i) a strategy and scheme prepared by the local authorities in the national capital territory of delhi for regulation of urban street vendors in accordance with the national policy for urban street vendors and the master plan for delhi, 2021 is being implemented;(ii) in pursuance of the guidelines and regulations for regularisation of unauthorized colonies, necessary steps are being taken which inter alia involve scrutiny of layout plans, assessment of built-up percentage existed as on the 31st day of march, 2002, identification of mixed use streets, approval of layout plans, fixation of boundaries, change of land use and identification of colonies not eligible for regularisation;(iii) the delhi urban shelter improvement board, has been constituted under the delhi urban shelter improvement board act, 2010 for implementation of schemes for improvement of jhuggi-jhompri clusters and its redevelopment with a view to bring improvement in environment and living conditions and preparing housing schemes for jhuggi-jhompri dwellers;(iv) the draft policy regarding farm houses is under consideration of delhi development authority;(v) pursuant to notification of zonal development plans, steps for regularisation of certain institutions which are rendering cultural, religious (including spiritual, health care and educational services) have been initiated and the policy framework in respect of storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land is under consideration in delhi development authority 9 in view of above, more time is needed for orderly implementation of the programmes and formulation of strategies, schemes, guidelines, policies and plans, etc referred to in subparagraph (i) to (v) of paragraph 810 accordingly, it is proposed to enact a law for a period beginning from the 1st day of january, 2011 and ending on the 31st day of december, 2011 to give continued effect to the aforesaid programmes, strategies, schemes, guidelines, policies and plans, etcthe bill seeks to achieve the above objectiveskamal nathnew delhi;the 15th march, 2011———— a billto make special provisions for the national capital territory of delhi for a further period up to the 31st day of december, 2011 and for matters connected therewith or incidental thereto————(shri kamal nath, minister of urban development)gmgipmrnd—7186ls—(s3)—15-03-2011 | Parliament_bills | c93eb714-09fd-5c20-8a10-2414171b4910 |
bill no 44 of 2015 the indian penal code (amendment) bill, 2015 bydr sanjay jaiswal, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationsubstitution of new section for section 272adulteration of food or drink intended for sale''272 whoever adulterates any article of food or drink, so as to make such article unsafe for consumption, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment for a term which may extend to life, or with fine which may extend to fifty lakh rupees, or with both''53 in the principal act, for section 273, the following section shall be substituted, namely:—substitution of new section for section 27310sale of adulterated, misbranded or substituted food or drink''273 whoever stores, sells, offer for sale, possesses for sale, causes to be sold or manufactures for sale, as food or drink, any article which has been adulterated, misbranded or substituted so as to render it unsafe or injurious to health, shall be punished with imprisonment for a term which may extend to life, or with fine which may extend to fifty lakh rupees, or with both'' statement of objects and reasonsthe practice of adulteration of food is a serious threat to health of the members of community and it eventually affects the overall quality of life of peoplethe food safety and standards act, 2006 was enacted with a view to consolidate the laws relating to food and to establish the food safety and standards authority of india for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewithhowever, there has been a need for stringent punishment to offenders and strict implementation of the act often adulterators are charged under section 272 or 273 of the indian penal code, 1860 which do not provide for stringent punishment and, as such, are not of much significance the issue has been raised in the parliament quite often the courts in their various orders and judgements have observed that more robust legislative framework to address the menace of food adulteration should be framedin view of the above, there is an urgent need for stringent punishment that can act as a deterrent against the practice of food adulterationthe bill, accordingly, seeks to amend the indian penal code, 1860 with a view to provide for stringent punishment against the practice of food adulterationnew delhi;sanjay jaiswaljanuary 30, 2015 annexure extract from the indian penal code, 1860 (45 of 1860)| | | ||----------------|------|------|| adulteration | | || of | food | or || drink intended | | || for sale | | |272 whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bothsale of noxious food or drink273 whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both| | | | | | | ||------|------|------|------|------|------|-----| lok sabha———— a billfurther to amend the indian penal code, 1860————(dr sanjay jaiswal, mp)gmgipmrnd—4949ls(s3)—05-03-2015 | Parliament_bills | f9bd7cea-a8da-5f0f-9a29-28face1de350 |
bill no 116 of 2014 the acid control, prevention of acid attacks and rehabilitation of acid attack victims bill, 2014 by shri bhartruhari mahtab, mp a billto provide for regulation of trade and business of acid, prevention of acid attacks and rehabilitation of the victims of acid attacks and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:— chapter i preliminaryextent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "acid" means any acidic solution, the sale and distribution of which is declared by the central government to be governed by or under the provisions of this act; and(b) "prescribed" means prescribed by rules made under this act5 chapter ii control of sale and use of acid3 (1) the central government shall, by notification in the official gazette, publish a list of acids for the purpose of regulating the sale and distribution of acidscentral government to publish list of acids10(2) the central government shall prescribe the degree of concentration of acids to be sold at retail outlets for different purposes(3) no acid of greater than prescribed concentration at the retail outlets shall be sold15regulation of trade or business of acid4 (1) no person shall produce, import, store, sell or transport or otherwise engage in trade or business of acid without obtaining a license from the competent authority to be designated for the purpose by the central government for carrying on such business or trade(2) every person who is engaged in trade or business of acid shall—(i) maintain record of the quantity of acid in his possession in such manner as may be prescribed; and20(ii) maintain details such as name, age, address, occupation of purchaser of acid including quantity and purpose of purchasing the acid, in such manner as may be prescribed chapter iii rehabilitation of acid attack victims255 (1) every victim of acid attack shall be provided free medical treatment in government hospitals and designated private hospitalstreatment of acid attack victims(2) the central government shall bear the entire cost of treatmentexplanation—for the purpose of this section, the expression 'medical treatment'includes any surgery including plastic or cosmetic surgery that may be required to remove, completely or partially, any bodily disfigurement caused by acid attack30acid attack victims to be treated as persons with disability in certain cases356 where an acid attack has caused substantial bodily harm or disfigurement to such an extent, as may by prescribed, to a victim, such victim shall be deemed as person with disability for the purpose of availing benefits under the schemes meant for persons with disability, including employment under the central government, autonomous bodies under the central government and central public sector undertakingsallowance to acid attack victims407 where an acid attack victim has suffered such bodily harm or disfigurement in anacid attack as is likely to impair his chances of obtaining gainful employment or carrying on any gainful occupation, the central government shall pay to such victim a monthly allowance which shall not be less than four times the amount of old age pension payable in the union territory in which the victim resides chapter iv offences and penaltiespenalties8 whoever contravenes the provisions of sub-section (3) of section 3 or section 4shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or both chapter v amendment of the indian penal code, 186045 of 18609 in section 326b of the indian penal code, 1860, for the words ''seven years'', thewords ''imprisonment for life'' shall be substitutedamendment of the indian penal code, 1860 5 chapter vi miscellaneouspower to remove difficulties1010 (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 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 parliament15act to have overriding effect11 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this actpower to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act20 25(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 reasonsthe growing incidents of acid attacks, especially on women, have become an area of grave concern despite the recent amendment to the criminal laws making acid attack a specific offence, the incidents of acid attacks have not shown any downward trend2 in order to check this growing menace, the bill seeks to provide for—(i) increasing the quantum of punishment to life imprisonment for throwing ofacid on any person by amending section 326b of the indian penal code, 1860;(ii) regulation of trade and business of acids; (iii) free treatment of victims of acid attack; (iv) payment of monthly allowance to certain victims of acid attacks; and(v) treating certain victims of acid attack as persons with disability to enable them to secure benefits under the schemes meant for persons with disability 3 the bill seeks to achieve the above objectives hence this billnew delhi;bhartruhari mahtabaugust 5, 2014 financial memorandumclause 5 of the bill seeks to provide for free medical treatment of victims of acid attack at government and designated private hospitals clause 6 provides for entitlement of employment to the victims of acid attack clause 7 provides for payment of monthly allowance to certain victims of acid attack whose chances of securing gainful employment or occupation have been adversely affected as a result of acid attackthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage it is not possible to give an exact amount of expenditure involved as it would depend upon the number of eligible victims of acid attack however, it is estimated that a recurring expenditure of rupees one crore is likely to be involved per annumno non-recurring expenditure is 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, therefore, of a normal character annexure extract from the indian penal code, 1860 (45 of 1860)voluntarily throwing or attempting to throw acid326b whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fineexplanation 1— for the purposes of section 326a and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disabilityexplanation 2— for the purposes of section 326a and this section, permanent or partial damage or deformity shall not be required to be irreversible———— a billto provide for regulation of trade and business of acid, prevention of acid attacks and rehabilitation of the victims of acid attacks and for matters connected therewith or incidental thereto————(shri bhartruhari mahtab, mp) | Parliament_bills | 5ec4a56f-2e8c-51d1-81df-17c05ea47382 |
bill no lvi of 2019 the constitution (amendment) bill, 2019 a bill further to amend the constitution of indiabe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2019short title and commencement(2) it shall come into force with immediate effect5amendment of article 162 in article 16 of the constitution, after clause (6), the following clause shall beinserted, namely:—''(7) nothing in this article or in sub-clause (g) of clause (1) of article 19 shall preven the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or economically weaker section or the scheduled castes or the scheduled tribes, to provide in their favour reservation of appointments or posts in private sector'' statement of objects and reasonsindia is a country of diverse people and religion some people have fared better than the others and therefore the concept of reservation was introduced in the system to bring at par the marginalized and backward classes of the people article 16 prohibits discrimination in employment in any government office however, the government can allow reservation for any community if they are not adequately represented in service or posts under the statein this scenario, when the public sector is shrinking, the provisions for reservations of posts or appointments for weaker sections of the society, as contemplated under article 16(4) or under the mandal commission report, are losing their significane, insofar as protection of the interests of the scheduled castes, scheduled tribes and backward classes are concerned therefore, in order to bring scheduled castes, scheduled tribes backward classes and economically weaker sections in the national mainstream, it is proposed that the state shall make special provision for reservation of posts, or appointments in government service and private service the bill seeks to amend article 16 of the constitution to allow reservation in employment opportunities in private sectorhence, this billkk ragesh annexure extracts from the constitution of india 16 equality of opportunity in matters of public employment—(1) there shall be equality of opportunity for all citizens in matters relating to employment or oppointment to any office under the state(2) no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state(3) nothing in this article shall prevent parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office [under the government of, or any local or other authority within, a state or union territory, any requirement as to residence within that state or union territory] prior to such employment or appointment(4) nothing in this article shall prevent the state from making any provision for the reservation of appointment or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state(4a) nothing in this article shall prevent the state from making any provision for reservation [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the state in favour of the scheduled castes and the scheduled tribes which, in the opinion of the state, are not adequately represented in the services under the state]6[4b) nothing in this article shall prevent the state from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4a) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year](5) nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination[(6) nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category] rajya sabha————— a billfurther to amend the constitution of india—————(shri kk ragesh, mp)mgipmrnd—4342rs(s3)—11-12-2019 | Parliament_bills | b14a8cbe-9fbd-5c66-a04a-6b377d5d0e89 |
on the 2nd december, 2016 bill no li of 2016 the women (reservation in services) bill, 2016 a billto provide for reservation of posts and appointments for women in services under the central government and for matters connected therewith and 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 women (reservation in services) act, 2016short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(c) "services" means the service in connection with the affairs of the central government and includes the service in any public sector undertaking or enterprise of any authority under the control of the central government5(a) "prescribed" means prescribed by rules made under this act; and (b) "public sector undertakings or enterprises" includes all public sector undertakings, enterprises, banks and financial institutions wholly owned or managed by the central government or in which fifty-one per cent shares are held by the central government103 there shall be reserved thirty-three per cent of all appointments and posts in services for womenreservation for women in services4 the central government shall make such provisions relating to relaxation in eligibility conditions, as may be prescribed, for appointment of women in servicesrelaxation in eligibility conditions power to make rules5 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsindia's economic liberalization and rapid growth over the past two decades have helped expose people to more liberal views about women as a result, more women are stepping out of traditional roles female doctors, lawyers, police officers and bureaucrats are common and are now everyday sight in cities yet women make up only twenty-two per cent of the work force and though seventy-nine per cent of rural women work in agriculture and more than ninety per cent are in the informal sector with little social protection or land ownershipin india, women are so deeply engrossed in family affairs and burdened with such heavy domestic responsibilities that in spite of their capabilities, education and aptitude, most of them are unable to enter into government services on time women have only marginal representation in services connected with the affairs of the union they are capable of efficiently carrying out various responsibilities connected with the assignmentsit is welcome step that in gujarat, bihar and madhya pradesh thirty three posts are reserved for females in all government services this will help end gender bias and prove to be a great leap towards women empowerment in order to create a level playing field for all its citizens, women may be provided with preferential precedence and reservation in government services is expected to considerably increase opportunity for womenin a bid to boost women's empowerment it is proposed that women get due representation in government services, it is necessary to reserve thirty-three per cent of all post and services under the central government, including public sector undertakings and enterprises; for women by providing them relaxation in matters of age limit, requisite educational qualifications, experience and other conditions of eligibilityhence this billsasikala pushpa memorandum regarding delegated legislationclause 5 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 reservation of posts and appointments for women in services under the central government and for matters connected therewith and incidental thereto————(shrimati sasikala pushpa, mp)gmgipmrnd—3641rs(s3)—02122016 | Parliament_bills | 4c010806-0618-5631-b39d-7082dfbe68c8 |
bill no 47 of 2011 the safai karamcharis insurance scheme bill, 2011 byshri arjun meghwal, mp a billto provide for comprehensive and compulsory insurance of safai karamcharis against any mishap connected with their work, to give them economic protection, to safeguard their interests and for matters connected therewithbe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the safai karamcharis insurance scheme act, 2011(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force at once2 in this act, unless the context otherwise requires,—(a) "appropriate government" means the central government or the state government, as the case may be;(b) "mishap" means any physical injury, disability, handicap or any disease caused to a safai karamchari while performing his duties and which, for such karamchari, constitutes or results in a substantial handicap, whether temporarily or permanently, to his normal daily activities and to his employment; (c) "prescribed" means prescribed by rules made under this act;5(d) "safai karamchari" means any person engaged in or employed for manually carrying human excreta or any sanitation work and includes persons engaged in cleaning of animal hides; and(e) "scheme" means the safai karamcharis insurance scheme framed under section 3103 (1) the central government shall, in consultation with the state governments, frame a scheme to be known as the safai karamcharis insurance scheme, for comprehensive and compulsory insurance of safai karamcharis against any mishapsafai karamcharis insurance scheme(2) the scheme shall, among other things, provide for—(a) the principles and conditions governing the insurance of safai karamcharis under the scheme;15(b) the interim insurance amount to be paid to safai karamchari in the occurrence of a mishap;(c) part of insurance amount to be paid immediately to the safai karamcharis affected by mishaps caused to them due to hazards involved in their job;(d) nominal rate of premium to be paid by the safai karamcharis;20(e) the extent of insurance cover; (f) the manner of making claims by safai karamcharis; and (g) any other matter which the central government may deem necessary 4 the central government shall, in consultation with the state government, administer the schemeadministration of the scheme by the central government255 (1) the central government shall, in consultation with the state governments and by notification in the official gazette, establish a fund to be known as the safai karamcharis insurance fund which shall consist of—establishment of safai karamcharis insurance fund(a) premium amount received from safai karamcharis for insurance under the scheme;30(b) grants made by the central government and the state governments in such ratio, as may be agreed between them;(c) any monies received as contribution or donations from the people and organisations in india or abroad; and(d) any income received from investment of money out of the fund35(2) the initial capital of the safai karamcharis insurance fund shall be rupees five hundred crore of which rupees four hundred crore shall be contributed by the central government and rupees one hundred crore shall be contributed by the state governments in the proportion of number of safai karamcharis working in the respective states40constitution of advisory committees6 (1) the appropriate government shall, by notification in the official gazette, constitute an advisory committee in every district, falling within its jurisdiction, to assess the claims made by the safai karamcharis due to any mishap(2) every advisory committee shall consist of a chairperson, to be appointed by the appropriate government, and such other members and staff, as may be prescribed(3) the terms and conditions as to the qualifications, salary and allowances, etc of the chairperson, members and staff of the advisory committees shall be such as may be prescribed5(4) while assessing the claims referred to in sub-section (1), every advisory committee shall inform the representatives of the safai karamcharis of the area, where such mishap has occurred, about the procedure followed by it in assessing such claims107 it shall be the responsibility of the appropriate government to pay insurance amountor such part of insurance amount as may be recommended by the advisory committee, referred to in section 6, to a safai karamchari for any mishap caused to him during the course of performance of his duties, out of the safai karamcharis insurance fundpayment of insurance amount by the appropriate governmentpower to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions 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 that rule statement of objects and reasonsseveral outmoded and ancient traditions and beliefs are prevalent in our country the people, instead of doing their own work, depend on safai karamcharis for getting the cleaning work done these safai karamcharis have not been provided with minimum wages and social and economic security till todaythe safai karamcharis always live in the danger of inhaling poisonous gases while clearing blocked sewer lines and carrying poisonous waste matter they earn their livelihood from cleaning work, but they rarely get their meagre wages in time as a result they are forced to beg for foodlife insurance corporation and other insurance companies insure only those safai karamcharis who are working in government, semi-government organizations and can afford higher premium but majority of safai karamcharis are working in villages in unorganised sectors on daily wages/part time basis and have no regular incomein the circumstances, there is an urgent need to frame a comprehensive and compulsory insurance scheme for safai karamcharis, who are living in deplorable condition, selling their labour at very cheap rates and responsible for cleanliness and, thus, prevention of epidemics such an insurance scheme will go a long way in affording them social and economic protectionhence this billnew delhi;arjun meghwalaugust 2, 2011 financial memorandumclause 3 of the bill provides that the central government shall, in consultation with the state governments, frame a scheme to be known as the safai karamcharis insurance scheme clause 4 provides that the central government shall administer the scheme clause 5 provides for establishment of safai karamcharis insurance fund by the central government to which the central government shall contribute rupees four hundred crore to form initial capital of the fund and shall also make grants to the fund clause 6 provides for the constitution of advisory committees in every district by the appropriate government as far as constitution of these committees in the state is concerned, the expenditure shall be met out of the consolidated fund of respective states however, in the case of constitution of advisory committees in the union territories, the expenditure shall be borne out of the consolidated fund of india 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 four hundred crore per annuma non-recurring expenditure of about rupees four 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 the 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 comprehensive and compulsory insurance of safai karamcharis against anymishap connected with their work to give them economic protection, to safeguard theirinterests and for matters connected therewith————(shri arjun meghwal, mp)gmgipmrnd—841ls—(s3)—08-08-2011 | Parliament_bills | dcf9a8ab-4399-5de7-9ff8-1ccc1a5f9294 |
bill no 47 of 2010 the agricultural and processed food products export development authority (amendment) bill, 2010 by shri rajendra agrawal, mp a billfurther to amend the agricultural and processed food products export development authority act, 1985be it enacted by parliament in the sixty-first year of the republic of india as follows:—amendment of section 42 of 19862 in the agricultural and processed food products export development authority act, 1985 (hereinafter referred to as the principal act), in section 4, in sub-section (4), in clause (h), in sub-clause (ii), the word ''meat'', shall be omitted3 in the first schedule to the principal act, the entry ''2 meat and meat products''shall be omitted5amendment of the first schedule statement of objects and reasonsthe agricultural and processed food products export development authority(appeda) has been established by the government of india under the agricultural and processed food products export development authority act, 1985 the authority is entrusted with the responsibility of development and promotion of export of various scheduled products, including meat and meat products subsidy on the export of meat and meat products is being given to encourage its export serious impact of this policy are being noticed in the country illegal slaughterhouses have mushroomed all over the country excessive slaughtering of milch-animals is taking place with a view to export meat and meat products and in this process the prescribed norms and the provisions of the prevention of cruelty to animals act are being flouted moreover, the blood of the slaughtered animals and other harmful materials, which drain out of slaughter houses, are being dumped straight into the ground by digging 200 to 300 meters deep bores thus causing environmental imbalance and pollution of ground water the most serious aspect of this problem is that many people are engaging themselves in the business of butchery to earn profit at the cost of environment heavy loss is also being caused to agriculture and rural economy due to inclusion of meat in agricultural processed food productstherefore, meat and meat products should immediately be excluded from the purview of the acthence this billnew delhi;rajendra agrawalmarch 26, 2010 annexure extract from the agricultural and processed food products export development authority act, 1985 [act no 2 of 1986]4 (1) (2) (3) establishment and constitution of the authority(4) (a) (h) twelve members to be appointed by the central government to represent,— (i) fruit and vegetable product industries; (ii) meat, poultry and dairy product industries; (iii) other scheduled products or special products industries; (iv) packaging industry the first schedule[see section 2(i)]1 fruits, vegetables and their products 2 meat and meat products lok sabha————— a billfurther to amend the agricultural and processed food products export development authority act, 1985—————(shri rajendra agrawal, mp)gmgipmrnd—1527ls(s5)—13-04-2010 | Parliament_bills | b4ff4ff8-93be-5015-9010-3ba505ae675f |
the assam rifles bill, 2006———— arrangement of clauses———— chapter i preliminary clauses1short title and commencement2definitions3persons subject to this act chapter ii constitution of the force and conditions of service of the members of the force4constitution of force5control, direction, etc6enrolment7liability for service outside india8resignation and withdrawal from the post9tenure of service under the act10termination of service by central government11dismissal, removal or reduction by director-general and by other officers12certificate of termination of service13restrictions on right to form associations, freedom of speech, etc chapter iiiservice privileges14authorised deduction only to be made from pay15remedy of aggrieved persons other than officers16remedy of aggrieved officers17immunity from attachment18immunity from arrest for debt19immunity of persons attending assam rifles court from arrest20savings of rights and privileges under other law chapter iv offences21offences in relation to the enemy and punishable with death22offences in relation to the enemy and not punishable with death23offences punishable more severely on active duty than at other times24mutiny25desertion and aiding desertion26absence without leave27striking or threatening superior officers28disobedience to superior officer clauses29insubordination and obstruction30fraudulent enrolment31false answers on enrolment32unbecoming conduct33certain forms of disgraceful conduct34ill-treating a subordinate35intoxication36permitting escape of person in custody37irregularity in connection with arrest or confinement38escape from custody39offences in respect of property40extortion and corruption41making away with equipment42injury to property43false accusations44falsifying official document and false declarations45signing in blank and failure to report46offences relating to assam rifles court47false evidence48unlawful detention of pay49violation of good order and discipline50miscellaneous offences51attempt52abetment of offences that have been committed53abetment of offences punishable with death and not committed54abetment of offences punishable with imprisonment and not committed55civil offences56civil offences not triable by an assam rifles court chapter v punishments 57 punishment awardable by assam rifles court58alternative punishments awardable by assam rifles court59combination of punishments60retention in the force of a person convicted on active duty61punishments otherwise than by assam rifles courts62minor punishments63limit of punishments under section 6264punishment of officers below the rank of deputy commandant, subordinate officer and warrant officer by deputy inspector-general and others65punishment of officers below the rank of commandant, subordinate officers and warrant officer by the inspector general and others66punishment of subordinate officers and warrant officer by commandant, etc67collective fines chapter vi penal deduction clauses68deductions from pay and allowances of officers69deductions from pay and allowances of persons other than officers70computation of time of absence or custody71pay and allowances during trial72limit of certain deductions73deduction from public money due to a person74pay and allowances of prisoner of war during inquiry into his conduct75remission of deductions76provision for dependants of prisoner of war from remitted deductions77provision for dependants of prisoner of war from his pay and allowances78period during which a person is deemed to be a prisoner of war chapter vii arrest and proceedings before trial 79 custody of offenders80duty of commandant in regard to detention81interval between committal and trial82arrest by civil authorities83capture of deserters84inquiry into absence without leave85force police officers chapter viii assam rifles courts 86 kinds of assam rifles courts87power to convene a general assam rifles court88power to convene a petty assam rifles court89contents of warrants issued under sections 87 and 8890composition of general assam rifles court91composition of a petty assam rifles court92summary assam rifles court93dissolution of an assam rifles court94powers of general assam rifles court95powers of a petty assam rifles court96powers of a summary assam rifles court97prohibition of second trial98period of limitation for trial99trial, etc, of offender who ceases to be subject to this act100application of this act during term of sentence101place of trial102choice between criminal court and assam rifles court103power of criminal court to require delivery of offender chapter ix procedure of assam rifles courts clauses104presiding officer105law officer106challenges107oaths of member, law officer and witness108voting by members109general rules as to evidence110judicial notice111summoning of witnesses112documents exempted from production113commissions for examination of witness114examination of witness on commission115conviction of offence not charged116presumption as to signature117enrolment paper118presumption as to certain documents119reference by accused to government officer120evidence of previous convictions and general character121lunacy of accused122subsequent fitness of lunatic accused for trial123transmission to central government of orders under section 122124release of lunatic accused125delivery of lunatic accused to relatives126order for custody and disposal of property pending trial127order of disposal of property regarding which offence is committed128powers of assam rifles court in relation to proceedings under this act chapter x confirmation and revision 129 finding and sentence not valid unless confirmed130power to confirm finding and sentence of general assam rifles court131power to confirm finding and sentence of petty assam rifles court132limitation of powers of confirming authority133power of confirming authority to mitigate, remit or commute sentences134confirming of findings and sentences on board a ship135revision of finding or sentence136finding and sentence of a summary assam rifles court137transmission of proceedings of summary assam rifles court138alteration of finding or sentence in certain cases139remedy against order, finding or sentence of assam rifles court140annulment of proceedings chapter xi execution of sentence, pardon, remission, etc clauses141form of sentence of death142commencement of sentence of imprisonment143execution of sentence of imprisonment144temporary custody of offender145execution of sentence of imprisonment in special case146conveyance of prisoner from place to place147communication of certain orders to prison officers148execution of sentence of fine149informality or error in the order or warrant150pardon and remission151cancellation of conditional pardon, release on parole or remission152suspension of sentence of imprisonment153orders pending suspension154release on suspension155computation of period of suspension156order after suspension157reconsideration of case after suspension158fresh sentence after suspension159scope of power of suspension160effect of suspension and remission on dismissal chapter xii miscellaneous161disposal of property of the members of the force162powers and duties conferrable and imposable on members of the force163protection for acts of members of the force164power of central government to remove difficulties165power to make rules166power to make regulations167rules and regulations to be laid before parliament168repeal and savings bill no xxx of 2006 the assam rifles bill, 2006 a billto consolidate and amend the law relating to the governance of the assam rifles, an armedforce of the union for ensuring the security of the borders of india, to carry out counter insurgency operations in the specified areas and to act in aid of civil authorities for the maintenance of the law and order and for matters connected therewithbe it enacted by parliament in the fifty-seventh year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the assam rifles act, 2006short title and commencement(2) it shall come into force on such date as the central government may, bynotification in the official gazette, appointdefinitions2 (1) in this act, unless the context otherwise requires,—(a) "active duty", in relation to a person subject to this act, means any duty as a member of the force during the period in which such person is attached to, or forms part of, a unit of the force—(i) which is engaged in operations against an enemy or an insurgent or a terrorist or any person in arms against the union, or(ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of india, and includes duty by such person during any period declared by the central government, by notification in the official gazette, as a period of active duty with reference to any area in which or under any provision of this act or for the purposes of any other law for the time being in force, any person or class of persons subject to this act may be serving;(b) "assam rifles court" means a court referred to in section 86; (c) "battalion" means a unit of the force constituted as battalion by the central government;(d) "chief law officer" and "law officer" mean, respectively, the chief law officer and a law officer of the force appointed by the central government;(e) "civil offence" means an offence which is triable by a criminal court; (f) "civil prison" means any jail or place used for the detention of any criminal prisoner under the prisons act, 1894, or under any other law for the time being in force;9 of 1894(g) "commandant", when used in any provision of this act with reference to any unit of the force, means the officer whose duty it is under the rules or regulations or in the absence of such rules or regulations, by custom of the service, to discharge with respect to that unit, the functions of a commandant in regard to matters of the description referred to in that provision;(h) "criminal court" means a court of ordinary criminal justice in any part of india;(i) "deputation" means a period for which the services of a person belonging to any department of the central government are placed at the disposal of the director- general;(j) "director-general" and "additional director-general" mean, respectively, the director-general and additional director-general of the force appointed under subsections (1) and (2) of section 5, respectively;(k) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates, terrorists and any person in arms against whom it is the duty of any person subject to this act to take action;(l) "enrolled person" means an under-officer or other person enrolled under this act;(m) "force" means the assam rifles;46 of 1950(n) "force custody" means the arrest or confinement of a member of the force according to rules and includes any military custody of such member under the army act, 1950;(o) "inspector-general" and "deputy inspector-general" mean, respectively, the inspector-general and the deputy inspector-general of the force appointed under sub-section (2) of section 5;(p) "member of the force" means an officer, a subordinate officer, an underofficer or other enrolled person and includes the persons on deputation;(q) "notification" means a notification published in the official gazette; (r) "offence" means any act or omission punishable under this act and includes a civil offence;(s) "officer" means a person appointed or in pay as an officer of the force; but does not include a subordinate officer or an under-officer;(t) "prescribed" means prescribed by rules made under this act; (u) "regulations" means the regulations made by the central government under this act;(v) "rule" means a rule made under this act;(w) "subordinate officer" means a person appointed or in pay as a subedar major, a subedar or a naib subedar of the force;(x) "superior officer", when used in relation to a person subject to this act, means—(i) any member of the force or a person on deputation to whose command such person is for the time being subject in accordance with the rules;(ii) any officer of higher rank or class or of a higher grade in the same class, and includes when such person is not an officer, a subordinate officer or an underofficer of higher rank, class or grade;(y) "terrorist" means any person who, with intent to overawe the government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature in such a manner, as to cause or is likely to cause death of, or injury to, any person or persons, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community;(z) "under-officer" means a warrant officer, havildar, naik and lance naik of the force;(za) "unit" means any—(i) battalion; or (ii) regiment; or (iii) training institution; or(iv) head quarters of deputy inspector-general; or (v) head quarters of inspector-general; or (vi) head quarters of director-general, of the force and includes any other formation of the force specified, by notification, by the central government(3) in this act, reference to any law not in force in the state of jammu and kashmir shall be construed as references to the corresponding law in force in that state3(1) the following persons (whether on deputation or otherwise employed) shall be subject to this act, wherever they may be, namely:—persons subject to this act(a) officers and subordinate officers; and (b) under-officers and other persons enrolled under this act(2) members of the force in existence at the commencement of this act shall be deemed to have been appointed or, as the case may be, enrolled as such under this act46 of 1950(3) notwithstanding anything contained in sub-section (1), any person who is employed in the force on deputation from the regular army as defined under clause (xxi) of section 3of the army act, 1950 shall not be subject to this act and shall, during the period of such deputation, be deemed to be subject to the army act, 1950:provided that such person in regard to his duties and discipline shall be deemed to be under the command of the member of the force under whose command such person for the time being is placed:46 of 1950provided further that, in case of such person, for the purposes of his duties and discipline, the expression "active duty" defined in clause (a) of sub-section (1) of section 2shall be deemed to be the "active service" as defined in clause (i) of section 3 of the army act, 1950 for taking any action against him under the provisions of the said army act(4) any person who is not subject to this act is posted for any service with the members of the force or engaged to accompany with or to provide any service in any manner to the members of the force in such—(i) camp; (ii) line of march; (iii) frontier post; (iv) active duty; or (v) counter insurgency operations,as may be specified, by notification, by the central government in this behalf shall be deemed to be a member of the force, till he is so posted or engaged in such corresponding rank as may be determined, by notification, by the central government for the purposes of this act(5) every person subject to this act shall remain so subject until retired, discharged, released, removed or dismissed from the force in accordance with the provisions of this act and the rules chapter ii constitution of the force and conditions of service of the members of the forceconstitution of force4 (1) there shall be an armed force of the union called the assam rifles for ensuringthe security of the borders of india, to carry out counter insurgency operations in the specified areas and to act in aid of civil authorities for the maintenance of law and order and the matters connected therewith(2) subject to the provisions of this act, the force shall be reconstituted in such manner as may be prescribed and the conditions of service of the members of the force shall be such as may be prescribedcontrol, direction, etc5 (1) the general superintendence, direction and control of the force shall vest in, and be exercised by, the central government and subject thereto and to the provisions of this act and the rules and regulations, the command and supervision of the force shall vest in an officer to be appointed by the central government as the director-general of the force(2) the director-general shall, in the discharge of his duties under this act, be assisted by such number of additional director-general, inspectors-general, deputy inspectors- general, commandants and other officers as may be appointed by the central governmentenrolment6 (1) the persons to be enrolled to the force, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed by the central government(2) notwithstanding anything contained in this act and the rules and regulations, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this act and borne on the rolls of the force shall be deemed to have been duly enrolled(3) no person who is not a citizen of india shall, except by the consent of the central government signified in writing, be enrolled in the force7 every member of the force shall be liable to serve in any part of india as well as outside indialiability for service outside india8 no member of the force shall be at liberty—(a) to resign his appointment during the term of his engagement; orresignation and withdrawal from the post(b) to withdraw himself from all or any of the duties of his appointment,except with the previous permission in writing of the prescribed authority9 every person subject to this act shall hold office during the pleasure of the presidenttenure of service under the act10 subject to the provisions of this act and the rules and regulations, the central government may dismiss or remove from the service any person subject to this acttermination of service by central government11 (1) the director-general, additional director-general or any inspector-general may dismiss or remove from service or reduce to a lower grade or rank or the ranks any person subject to this act other than an officerdismissal, removal or reduction by director- general and by other officers(2) an officer not below the rank of deputy inspector-general may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or the ranks as may be prescribed(3) any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the ranks any person under his command except an officer or a subordinate officer(4) the exercise of any power under this section shall be subject to the provisions of this act and the rules and regulationscertificate of termination of service12 a subordinate officer or an under-officer or other enrolled person who is retired, discharged, released, removed or dismissed from service shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother-tongue of such person and also in hindi and english language setting forth—(a) the authority terminating his service; (b) the cause for such termination; and (c) the full period of his service in the force13 (1) no person subject to this act shall, without the previous sanction in writing of the central government or of the prescribed authority,—restrictions on right to form associations, freedom of speech, etc(a) be a member of, or be associated in any way with, any trade union, labourunion, political association or with any class of trade unions, labour unions or political associations; or(b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the force or is not of a purely social, recreational or religious nature; or(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bonafide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature explanation—if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the central government thereon shall be final(2) no person subject to this act shall participate in, or address, any meeting or take part in any demonstration organised by any body or persons for any political purposes or for such other purposes as may be prescribed chapter iii service privileges14 the pay of every person subject to this act due to him as such under any rules or regulations for the time being in force shall be paid without any deduction other than the deductions authorised by or under this act or any other actauthorised deduction only to be made from pay15 (1) any person subject to this act other than an officer who deems himself wronged by any officer or subordinate officer may complain to the officer under whose command or orders he is servingremedy of aggrieved persons other than officers(2) when the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officer's next superior officer(3) every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or when necessary, refer the complaint to superior authority(4) every such complaint shall be preferred in such manner as may, from time to time, be specified by the director-general(5) the central government may revise any decision by the director-general under sub-section (2), but, subject thereto, the decision of the director-general shall be finalremedy of aggrieved officers16 any officer who deems himself wronged by his commandant or any superiorofficer and who on due application made to his commandant or such superior officer does not receive the redress to which he considers himself entitled, may complain to the central government in such manner as may, from time to time, be specified by the director-generalimmunity from attachment17 neither the arms, clothes, equipment, accoutrements or necessaries of any personsubject to this act, nor any animal used by him for the discharge of his duty shall be seized, nor shall, the pay and allowances of any such person or any part thereof, be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order enforceable against himimmunity from arrest for debt18 (1) no person subject to this act shall, so long as he belongs to the force, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer, except with the prior consent of the central government(2) the judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process(3) for the recovery of such costs no court-fee shall be payable by the complainantimmunity of personsattendingassam rifles court from arrest19 (1) no presiding officer or member of an assam rifles court, no law officer, no party to any proceeding before an assam rifles court, or his legal practitioner or agent and no witness acting in obedience to a summons to attend an assam rifles court shall, while proceeding to, attending or returning from, an assam rifles court, be liable to arrest under civil or revenue process(2) if any such person is arrested under any such process, he may be discharged by order of the assam rifles court20 the rights and privileges specified in the preceding section of this chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons subject to this act generally by any other law for the time being in forcesavings of rights and privileges under other law chapter iv offences21 any person subject to this act who commits any of the following offences, that is to say,—(a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; oroffences in relation to the enemy and punishable with death(b) intentionally uses any means to compel or induce any person subject to this act or to army, naval, air force law or any member of other armed forces to abstain from acting against the enemy or to discourage such person from acting against the enemy; or(c) in the presence of enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the union; or(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or(f) in time of active operation against the enemy intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or(g) in time of action leaves his commandant or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or(i) knowingly harbours or protects an enemy not being a prisoner; or (j) being a sentry in time of active operation against the enemy or alarm , sleeps upon his post or is intoxicated; or(k) knowingly does any act calculated to imperil the success of the force or the army, naval, air forces of india or any other armed forces of the central government cooperating therewith or any part of such forces, shall, on conviction by an assam rifles court, be liable to suffer death or such less punishment as is in this act mentioned22 any person subject to this act who commits any of the following offences, that is to say,—offences in relation to the enemy and not punishable with death(a) is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to rejoin his service when able to do so; or(b) without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commandant or other superior officer, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned23 any person subject to this act who commits any of the following offences, that is to say,—(a) forces a safeguard or forces or uses criminal force to a sentry; or (b) breaks into any house or other place in search of plunder; or offences punishable more severely on active duty than at other times(c) being a sentry, sleeps upon his post or is intoxicated; or (d) without orders from his superior officer, leaves his guard, picket, patrol or posts; or(e) intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread reports calculated to create unnecessary alarm or despondency; or(f) makes known the parole, watchword or countersign to any person not entitled to receive it; or(g) knowingly gives a parole, watchword or countersign different from what he received, shall, on conviction by an assam rifles court,(a) if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and(b) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedmutiny24 any person subject to this act who commits any of the following offences, that isto say,—(a) begins, incites, causes or conspires with any other person to cause any mutiny in the force or in the army, naval or air forces of india or any forces cooperating therewith; or(b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commandant or other superior officer; or(e) endeavours to seduce any person in the force or in the army, naval or air forces of india or any forces cooperating therewith from his duty or allegiance to the union, shall, on conviction by an assam rifles court, be liable to suffer death or such less punishment as is in this act mentioned25 (1) any person subject to this act who deserts or attempts to desert the service shall, on conviction by an assam rifles court,—desertion and aiding desertion(a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this act mentioned; and(b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned (2) any person subject to this act who knowingly harbours any such deserter shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned(3) any person subject to this act who, being cognisant of any desertion or attempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned26 any person subject to this act who commits any of the following offences, that is to say,—absence without leave(a) absents himself without leave; or (b) without sufficient cause, overstays leave granted to him; or (c) being on leave of absence and having received information from the appropriate authority that any battalion or part thereof or any other unit of the force, to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay; or(d) without sufficient cause, fails to appear at the time fixed at the parade or place appointed for exercise or duty; or(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned27 any person subject to this act who commits any of the following offences, that is to say,—striking or threatening superior officers(a) uses criminal force to or assaults his superior officer; or (b) uses threatening language to such officer; or(c) uses insubordinate language to such officer, shall, on conviction by an assam rifles court,—(a) if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and(b) in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five yearsdisobedience to superior officer28 (1) any person subject to this act who disobeys, in such manner as to show a wilful defiance of authority, any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned(2) any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by an assam rifles court,—(a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and(b) if he commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned29 any person subject to this act who commits any of the following offences, that is to say,—insubordination and obstruction(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or(b) uses criminal force to, or assaults any person, whether subject to this act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or(c) resists an escort whose duty it is to apprehend him or to have him in charge;or(d) breaks out of barracks, camp or quarters; or (e) neglects to obey any general, local or other order; or(f) impedes the force police referred to in section 85 or any person lawfullyacting on its behalf, or when called upon, refuses to assist in the execution of his duty a force police or any person lawfully acting on his behalf, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (d) and (e), to two years, and in the case of theoffences specified in the other clauses, to ten years, or in either case such less punishment as is in this act mentionedfraudulent enrolment30 any person subject to this act who knowingly attempts to get enrolled or enrollsany other person who does not fulfil the conditions enabling him to be enrolled, shall, on conviction by the assam rifles court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentionedfalse answers on enrolment31 any person having become subject to this act who is discovered to have made atthe time of enrolment a wilfully false answer to any question set-forth in the prescribed formof enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentionedunbecoming conduct32 any officer, subordinate officer or an under-officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by an assam rifles court, be liable to be dismissed or to suffer such less punishment as is in this act mentioned33 any person subject to this act who commits any of the following offences, that is to say,—certain forms of disgraceful conduct(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedill-treating a subordinate34 any officer, subordinate officer or an under-officer who uses criminal force to or otherwise ill-treats any person subject to this act, being his subordinate in rank or position, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedintoxication35 any person subject to this act who is found in a state of intoxication whether on duty or not, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this act mentioned36 any person subject to this act who commits any of the following offences, that is to say,—permitting escape of person in custody(a) when in command of guard, picket, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard, shall, on conviction by an assam rifles court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned; and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned37 any person subject to this act who commits any of the following offences, that is to say, —irregularity in connection with arrest or confinement(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or(b) having committed a person to force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter , to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this act mentionedescape from custody38 any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned39 any person subject to this act who commits any of the following offences, that is to say,—offences in respect of property(a) commits theft of any property belonging to the government, or to any force mess, band or institution, or to any person subject to this act; or(b) dishonestly misappropriates or converts to his own use any such property;or(c) commits criminal breach of trust in respect of any such property; or (d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or(e) wilfully destroys or injures any property of the government entrusted to him;or(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentionedextortion and corruption40 any person subject to this act who commits any of the following offences, that is to say,—(a) commits extortion; or (b) without proper authority extracts from any person money, provisions or service, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned41 any person subject to this act who commits any of the following offences, that is to say,—making away with equipment(a) makes away with, or is concerned in making away with any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him; or(b) loses by neglect anything mentioned in clause (a); or(c) sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a), to ten years, and in the case of the offences specified in the other clauses, to five years, or in either case such less punishment as is in this act mentionedinjury to property42 any person subject to this act who commits any of the following offences, that is to say,—(a) destroys or injures any property mentioned in clause (a) of section 41 or any property belonging to any force mess, band or institution, or to any person subject to this act; or(b) commits any act which causes damage to, or destruction of, any property of the government by fire; or(c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him, shall, on conviction by an assam rifles court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentionedfalse accusations43 any person subject to this act who commits any of the following offences, that is to say,—(a) makes a false accusation against any person subject to this act, knowing or having reason to believe such accusation to be false; or(b) in making complaint against any person subject to this act, makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned44 any person subject to this act who commits any of the following offences, that is to say,—falsifying official document and false declarations(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or(b) in any document of the description mentioned in clause (a), knowingly makes, or is privy to the making of, any omission, with intent to defraud; or(c) knowingly and with intent to injure any person or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned45 any person subject to this act who commits any of the following offences, that is to say,—signing in blank and failure to report(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the government fraudulently leaves in blank any material part for which his signature is a voucher; or(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned46 any person subject to this act who commits any of the following offences, that is to say,—offences relating to assam rifles court(a) being duly summoned or ordered to attend as a witness before an assam rifles court, wilfully or without reasonable excuse, makes default in attending; or(b) refuses to take an oath or make an affirmation legally required by an assamrifles court to be taken or made; or(c) refuses to produce or deliver any document in his power or control legallyrequired by an assam rifles court to be produced or delivered by him; or(d) refuses, when a witness, to answer any question which he is by law bound toanswer; or(e) is guilty of contempt of the assam rifles court by using insulting orthreatening language, or by causing any interruption or disturbance in the proceedings of such court,shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentionedfalse evidence47 any person subject to this act who, having been duly sworn or affirmed beforeany assam rifles court or other court competent under this act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedunlawful detention of pay48 any officer, subordinate officer or an under-officer who, having received the payof a person subject to this act, unlawfully detains or refuses to pay the same when due, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentionedviolation of good order and discipline49 any person subject to this act who is guilty of any act or omission which, thoughnot specified in this act, is prejudicial to good order and discipline of the force shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedmiscellaneous offences50 any person subject to this act who commits any of the following offences, that isto say,—(a) being in command at any post or on the march, and receiving a complaint thatanyone under his command has beaten or otherwise mal-treated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the properauthority; or(b) by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the religious feelings of any person; or(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or(d) being below the rank of subordinate officer, when off duty, appears without proper authority, in or about camp, or when going to, or returning from, any town or bazaar, carrying a rifle, sword or other offensive weapons; or(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person or leave of absence, promotion or any other advantage or indulgence for any person in the service; or(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving, shall, on conviction by an assam rifles court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedattempt51 any person subject to this act who attempts to commit any of the offences specified in sections 21 to 50 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by an assam rifles court, where no express provision is made by this act for the punishment of such attempt, be liable,—(a) if the offence attempted to be committed is punishable with death, to sufferimprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and(b) if the offence attempted to be committed is punishable with imprisonment tosuffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this act mentionedabetment ofoffences that have been committed52 any person subject to this act who abets the commission of any of the offences specified in sections 21 to 50 (both inclusive) shall, on conviction by an assam rifles court, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act mentionedabetment of offences punishable with death and not committed53 any person subject to this act who abets the commission of any of the offences punishable with death under sections 21, 24 and clause (a) of sub-section (1) of section 25 shall, on conviction by an assam rifles court, if that offence, be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years of such less punishment as is in this act mentionedabetment of offences punishable with imprisonment and not committed54 any person subject to this act who abets the commission of any of the offences specified in sections 21 to 50 (both inclusive) and punishable with imprisonment shall, on conviction by an assam rifles court, if that offence, be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this act mentionedcivil offences55 subject to the provisions of section 56, any person subject to this act who at any place in, or beyond, india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section, shall be liable to be tried by an assam rifles court and, on conviction, be punishable as follows, that is to say,—(a) if the offence is one which would be punishable under any law in force in india with death, he shall be liable to suffer any punishment assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned; and(b) in any other case, he shall be liable to suffer any punishment assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as in this act mentionedcivil offences not triable by an assam rifles court56 a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this act shall not be deemed to be guilty of an offence against this act and shall not be tried by an assam rifles court, unless he commits any of the said offences,—(a) while on active duty; or (b) at any place outside india; or (c) at any place specified by the central government, by notification in this behalf chapter v punishments57 (1) punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by the assam rifles courts, according to the scale following, that is to say,—punishment awardable by assam rifles courts(a) death; (b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in force custody;(c) dismissal from the service; (d) compulsory retirement from service; (e) imprisonment for a term not exceeding three months in force custody except in case of officers and subordinate officers;(f) reduction to the ranks or to a lower rank or grade or place in the list of their rank in the case of an under-officer;(g) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion;(h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;(i) fine; (j) severe reprimand or reprimand except in the case of persons below the rank of an under-officer;(k) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty;(l) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal;(m) stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good(2) each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scalealternative punishments awardable by assam rifles courts58 subject to the provisions of this act, an assam rifles court may, on convicting a person subject to this act of any of the offences specified in sections 21 to 54 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable or, in lieu thereof, any of the punishments lower in the scale set out in section 57 regard being had to the nature and degree of the offencecombination of punishments59 a sentence of an assam rifles court may award in addition to, or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section 57, and any one more of the punishments specified in clauses (f) to (m) (both inclusive) of that sub-section60 when on active duty, any enrolled person has been sentenced by an assam rifles court to dismissal or to imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of imprisonment, if anyretention in the force of a person convicted on active duty61 punishments may also be inflicted in respect of offences committed by persons subject to this act without the intervention of an assam rifles court in the manner stated in sections 62, 64, 65 and 66punishments otherwise than by assam rifles courtsminor punishments62 subject to the provisions of section 63, a commandant or such other officer as is, with the consent of the central government, specified by the director-general may, in the prescribed manner, proceed against a person subject to this act, otherwise than as an officer or a subordinate officer or a warrant officer who is charged with an offence under this act and award such person to the extent prescribed, one or more of the following punishments, that is to say,—(a) imprisonment in force custody up to twenty-eight days; (b) detention up to twenty-eight days; (c) confinement to the lines up to twenty-eight days; (d) extra guards or duties; (e) deprivation of any special position or special emoluments or any acting rank or reduction to a lower grade of pay;(f) forfeiture of good service and good conduct pay; (g) severe reprimand or reprimand; (h) fine upto fourteen days' pay in any one month; (i) deduction from his pay and allowance of any sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the central government, or to any building or property as may be awarded by his commandant63 (1) in the case of an award of two or more of the punishments specified in clauses(a), (b), (c) and (d) of section 62, the punishments specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause (b)limit of punishments under section 62(2) when two or more of the punishments specified in the said clause (a), (b) and (c)are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fortytwo days(3) the punishments specified in the said clauses (a), (b) and (c) shall not be awarded to any person who is of the rank of an under-officer or was at the time of committing the offence for which he is punished of such rank(4) the punishments specified in clause (g) of section of 62 shall not be awarded to any person below the rank of an under-officer64 (1) an officer not below the rank of the deputy inspector-general or such other officer as is, with the consent of the central government, specified by the director-general may, in the prescribed manner, proceed against an officer below the rank of a deputy commandant and of any rank of subordinate officer and of a rank of warrant officer who is charged with an offence under this act and award one or more of the following punishments, that is to say,—(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by an assam rifles court;punishment of officers below the rank of deputy subordinate officers and warrant officer by deputy inspectors- general and others(b) severe reprimand or reprimand; (c) stoppage of pay and allowance until any proved loss or damage occasioned by the offence of which he is convicted is made good (2) in every case in which punishment has been awarded under sub-section (1), certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded, appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case65 (1) an officer not below the rank of the inspector-general or such other officer as is, with the consent of the central government, specified by the director-general may, in the prescribed manner, proceed against an officer below the rank of a commandant and any subordinate officer and a warrant officer who is charged with an offence under this act and award one or more of the following punishments, that is to say,—(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by an assam rifles court;punishment of officers below the rank of a commandant, subordinate officers and warrant officer by the inspectors- general and others(b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good (2) in every case in which punishment has been awarded under sub-section (1), certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case66 a commandant or such other officer as is, with the consent of the central government, specified by the director-general may, in the prescribed manner, proceed against any subordinate officer or a warrant officer who is charged with an offence under this act and award one or more of the following punishments, that is to say,—(a) severe reprimand or reprimand;punishment of subordinate officers and warrant officer by commandant, etc(b) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good: provided that the punishment mentioned under clause (a) shall only be awarded by an officer not below the rank of commandant authorised by the director-general to award such punishmentcollective fines67 (1) whenever any weapon or part of a weapon, or ammunition, forming part of the equipment of a unit of the force, is lost or stolen, an officer not below rank of the commandant of a battalion may, after making such inquiry as he thinks fit and subject to the rules and regulations, impose a collective fine upon the subordinate officer, under-officer and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft(2) such fine shall be assessed as a percentage on the pay of the individuals on whom it falls chapter vi penal deductoins68 the following penal deductions may be made from the pay and allowances of an officer, that is to say,—deductions from pay and allowances of officers(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the central government;(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence for which he is afterwards convicted by a criminal court or an assam rifles court or by an officer exercising authority under section 64 or section 65;(c) any sum required to make good the pay of any person subject to this act which he has unlawfully retained or unlawfully refused to pay;(d) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by an assam rifles court by whom he is convicted of such offence or by an officer exercising authority under section 64 or section 65;(e) all pay and allowances ordered by an assam rifles court to be forfeited or stopped;(f) any sum required to pay a fine awarded by a criminal court or an assam rifles court;(g) any sum required to make good any loss, damage or destruction of public or regimental property which, after due investigation, appears to the central government to have been occasioned by the wrongful act or negligence on the part of the officer;(h) all pay and allowances forfeited by order of the central government if the officer is found by a court of inquiry constituted by the director general in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so;(i) any sum required by order of the central government to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said government to the said wife or child69 subject to the provisions of section 72, the following penal deductions may be made from the pay and allowances of a person subject to this act other than an officer, that is to say,—deductions from pay and allowances of persons other than officers(a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war unless a satisfactory explanation has been given and accepted by his commandant, and for every day of imprisonment awarded by a criminal court, an assam rifles court or an officer exercising authority under section 62;(b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or an assam rifles court or on a charge of absence without leave for which he is afterwards awarded imprisonment by an officer exercising authority under section 62;(c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this act committed by him;(d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by the order of the central government or such officer as may be specified by that government;(e) all pay and allowances ordered by an assam rifles court or by an officer exercising authority under any of the sections 62, 64, 65 and 66 to be forfeited or stopped;(f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of the enemy;(g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the central government or to any building or property as may be awarded by his commandant;(h) any sum required to pay a fine awarded by a criminal court, an assam rifles court or an officer exercising authority under any of the sections 62 and 69;(i) any sum required by order of the central government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said government to the said wife or child70 for the purpose of clauses (a) and (b) of section 69,—computation of time of absence of custody(a) no person shall be treated as absent or in custody for a day unless theabsence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards;(b) any absence or custody for less than a day may be reckoned as absence orcustody for a day if such absence or custody prevented the absentee from fulfilling any duty which was thereby thrown upon some other person;(c) absence or custody for twelve consecutive hours or upward may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody;(d) a period of absence or imprisonment, which commences before, and endsafter, midnight may be reckoned as a daypay and allowances during trial71 in case of any person subject to this act who is in custody or under suspensionfrom duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause (b) ofsection 68 and section 69limit of certain deductions72 the total deductions from the pay and allowances of a person made under clauses(e), (g) to (i) of section 69 shall not, except where he is sentenced to dismissal or removal, exceed in any one month one-half of his pay and allowances of that month73 any sum authorised by this act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pensiondeduction from public money due to a person74 where the conduct of any person subject to this act when being taken prisoner by, or while in the hands of the enemy, is to be inquired into under this act or any other law, the director-general or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquirypay and allowances of prisoner of war during inquiry into his conduct remission of deductions75 any deduction from pay and allowances authorised by this act may be remitted in such manner and to such extent and by such authority, as may, from time to time be prescribedprovision for dependents of prisoner of war from remitted deductions76 in the case of all persons subject to this act, being prisoners of war, whose pay and allowances have been forfeited under clause (a) of section 69, but in respect of whom a remission has been made under section 75, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances77 it shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this act who is prisoner of war or is missing, out of his pay and allowances78 for the purposes of sections 76 and 77, a person shall be deemed to continue to be prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 74 and if he is dismissed or removed from the service in consequence of such conduct, until the date of such dismissal or removalprovision for dependents of prisoner of war from his pay and allowancesperiod during which a person is deemed to be a prisoner of war chapter vii arrest and proceedings before trialcustody of offenders79 (1) any person subject to this act who is charged with an offence may be taken into force custody, under the order of any superior officer(2) notwithstanding anything contained in sub-section (1), an officer may order into force custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorderduty of commandant in regard to detention80 (1) it shall be the duty of every commandant to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service(2) the case of every person, being detained in custody beyond a period of forty-eight hours, and reason thereof, shall be reported by the commandant to the deputy inspector- general under whom he is serving or such other officer to whom an application may be made to convene an assam rifles court for the trial of the person charged(3) in reckoning the period of forty-eight hours specified in sub-section (1), sundays and other public holidays shall be excluded(4) subject to the provisions of this act, the central government may make rules providing for the manner in which and the period for which any person subject to this act may be taken into and detained in force custody, pending the trial by any competent authority for any offence committed by himinterval between committal and trial81 in every case where any such person as is mentioned in section 79 and as not on active duty, remains in such custody for a longer period than eight days, without his trial by an assam rifles court being ordered to be convened, a special report giving reasons for the delay shall be made by his commandant in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until an assam rifles court is convened or such person is released from custodyarrest by civil authorities82 whenever any person subject to this act who is accused of an offence under this act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to force custody of such person upon receipt of a written application to that effect signed by his commandant or an officer authorised by the commandant in that behalfcapture of deserters83 (1) whenever any person subject to this act deserts, the commandant of the unit to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate and shall deliver the deserter, when apprehended, into force custody(2) any police officer may arrest without warrant any person reasonably believed to be subject to this act, and to be deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to lawinquiry into absence without leave84 (1) when any person subject to this act has been absent from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be assembled and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and the commandant of the unit to which the person belongs shall make a record thereof in the prescribed manner(2) if the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purpose of this act, be a deemed to be a deserterforce police officers85 (1) the director-general or any prescribed officer may appoint persons (in this act referred to as force police) for discharging the functions specified in sub-sections (2) and (3)(2) the duties of a person appointed under sub-section (1), are to take charge of persons confined for any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving in, or attached to, the force(3) notwithstanding anything contained in section 79, a person appointed under sub-section (1) may, at any time, arrest and detain for trial, any person subject to this act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by an assam rifles court or by an officer exercising authority under section 62 but shall not inflict any punishment on his own authority:provided that no officer shall be arrested or detained otherwise than on the order of another officer chapter viii assam rifles courts86 for the purposes of this act there shall be three kinds of assam rifles courts, that is to say,—kinds of assam rifles courts(a) general assam rifles courts; (b) petty assam rifles courts; and (c) summary assam rifles courts87 a general assam rifles court may be convened by the central government or the director-general or by any officer empowered in this behalf by warrant of the director- generalpower to convene a general assam rifles court88 a petty assam rifles court may be convened by an officer having power to convene a general assam rifles court or by an officer empowered in this behalf by warrant of any such officerpower to convene a petty assam rifles court89 a warrant issued under section 87 or section 88 may contain such restrictions, reservations or conditions as the officer issuing it may think fitcontents of warrants issued under sections 87 and 8890 a general assam rifles court shall consist of not less than five officers, each of whom has held the post of assistant commandant for not less than three whole years and of whom not less than four are of a rank not below that of a confirmed assistant commandantcomposition of general assam rifles courtexplanation—for the purpose of this section and section 91, "assistant commandant" includes any post of a higher rank and any post declared by the central government, by notification, to be an equivalent post as also any post higher in rank than the post so declared91 a petty assam rifles court shall consist of not less than three officers, each of whom has held the post of assistant commandant for not less than two whole years92 (1) a summary assam rifles court may be held by the commandant of any unit of the force and he alone shall constitute the courtcomposition of a petty assam rifles courtsummary assam rifles court(2) the proceedings shall be attended throughout by two other persons who shall be officers or subordinate officers or one of either, and who shall not as such, be sworn or affirmed93 (1) if an assam rifles court after the commencement of a trial is reduced below the minimum number of officers required by this act, it shall be dissolveddissolution of an assam rifles court(2) if, on account of the illness of the law officer or of the accused before the finding, it is impossible to continue the trial, an assam rifles court shall be dissolved(3) the officer who convened an assam rifles court may dissolve the same if it appears to him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said assam rifles court(4) where an assam rifles court is dissolved under this section, the accused may be tried again94 a general assam rifles court shall have the power to try any person subject to this act for any offence punishable thereunder and to pass any sentence authorised therebypower of general assam rifles courtpower of a petty assam rifles court95 a petty assam rifles court shall have power to try any person subject to this act other than an officer or a subordinate officer for any offence made punishable thereunder and to pass any sentence authorised by this act other than a sentence of death or imprisonment for a term exceeding two years96 (1) subject to the provisions of sub-section (2), a summary assam rifles court may try any offence punishable under this actpower of a summary assam rifles court(2) when there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a petty assam rifles court for the trial of the alleged offender, an officer holding a summary assam rifles court shall not try without such reference any offence punishable under any of the sections 21, 24 and 55, or any offence against the officer holding the court(3) a summary assam rifles court may try any person subject to this act and under the command of the officer holding the court, except an officer or a subordinate officer(4) a summary assam rifles court may pass any sentence which may be passed under this act except the sentence of death or of imprisonment for a term exceeding the limit specified in sub-section (5)(5) the limit referred to in sub-section (4) shall be—(a) one year, if the officer holding the assam rifles court has held either the post of commandant or a post declared by the central government, by notification, to be equivalent thereto for a period of not less than three years or holds a post of higher rank than either of the said posts; and(b) three months, in any other caseprohibition of second trial97 (1) when any person subject to this act has been acquitted or convicted of an offence by an assam rifles court or by a criminal court or has been dealt with under section 62 or section 64 or section 65 or section 66, he shall not be liable to be tried again for the same offence by an assam rifles court or dealt with under the said sections(2) when any person, subject to this act has been acquitted or convicted of an offence by an assam rifles court or has been dealt with under section 62 or section 64 or section 65 or section 66, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts98 (1) except as provided by sub-section (2), no trial by an assam rifles court of any person subject to this act for any offence shall be commenced after the expiration of a period of three years and such period shall commence—period of limitation for trial (a) on the date of the offence ; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, from the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier; or(c) where it is not known by whom the offence was committed, from the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority competent to initiate action, whichever is earlier: provided that in computing any period under this section, the period during which the proceedings of investigation has been stayed by any court in such offence by injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made; and the day on which it was withdrawn, shall be excluded(2) the provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 24 or an offence under section 30(3) in computation of the period of three years under sub-section (1), any time spent by such person in evading arrest after the commission of the offence, shall be excluded99 (1) where an offence under this act had been committed by any person while subject to this act and he had ceased to be so subject, he may be taken into and kept in force custody and tried and punished for such offence as if he continued to be so subjecttrial, etc, of offender who ceases to be subject to this act(2) no such person shall be tried for an offence, unless his trial commences within a period of three years after he had ceased to be subject to this act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where the institution of the proceeding in respect of the offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded:provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 24 or shall affect the jurisdiction of a criminal court to try an offence triable by such court as well as by an assam rifles courtapplication of this act during term of sentence100 (1) when a person subject to this act is sentenced by an assam rifles court toimprisonment, this act shall apply to him during the term of his sentence, though he isdismissed from the force or has otherwise ceased to be subject to this act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this act(2) when a person subject to this act is sentenced by an assam rifles court to death,this act shall apply to him till the sentence is carried outplace of trial101 any person subject to this act who commits any offence against it may be triedand punished for such offence in any place whateverchoice between criminal court and assam rifles court102 when a criminal court and an assam rifles court have each jurisdiction in respect of an offence, it shall be in the discretion of the director-general, or the inspector- general or the deputy inspector-general within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court proceedings shall be instituted, and, if that officer, decides that they shall be instituted before an assam rifles court, to direct that the accused person shall be detained in force custodypower of criminal court to require delivery of offender103 (1) when a criminal court having jurisdiction is of opinion that proceedings shallbe instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 102 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the central government(2) in every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the central government whose order upon such reference shall be final chapter ix procedure of assam rifles courtspresiding officer104 at every general assam rifles court or petty assam rifles court, the senior member shall be the presiding officerlaw officer105 every general assam rifles court shall, and every petty assam rifles court may, be attended by a law officer, or if no such officer is available, an officer approved by the chief law officer or a law officerchallenges106 (1) at all trials by a general assam rifles court or by a petty assam rifles court, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court(2) if the accused objects to such officer, his objection and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer, decide on the objection(3) if the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object(4) when no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial107 (1) an oath or affirmation in the prescribed manner shall be administered to every member of an assam rifles court and to the law officer or, as the case may be, the officer approved under section 105 before the commencement of the trialoath of member, law officer and witness(2) every person giving evidence before an assam rifles court shall be examined after being duly sworn or affirmed in the prescribed form(3) the provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the assam rifles court is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmationvoting by members108 (1) subject to the provisions of sub-sections (2) and (3), every decision of anassam rifles court shall be passed by a majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused(2) no sentence of death shall be passed by a general assam rifles court without the concurrence of at least two-thirds of the members of the court(3) in matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote1 of 1872109 the indian evidence act, 1872 shall, subject to the provisions of this act, applyto all proceedings before an assam rifles courtgeneral rule as to evidencejudicial notice110 an assam rifles court may take judicial notice of any matter within the generalknowledge of the members as officers of the forcesummoning of witness111 (1) the convening officer, the presiding officer of an assam rifles court or courtof inquiry or the law officer or, as the case may be, the officer approved under section 105 orthe commandant of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing(2) in the case of a witness, who is subject to this act, the summons shall be sent to his commandant and such officer shall serve it upon him accordingly(3) in the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be, or resides, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate1 of 1872112 (1) nothing in section 111 shall be deemed to affect the operation of sections 123and 124 of the indian evidence act, 1872 or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authoritiesdocuments exempted from production(2) if any document in such custody is, in the opinion of any chief judicial magistrate, chief metropolitan magistrate, court of session or high court, wanted for the purpose of any assam rifles court, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate, or court may direct(3) if any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause such search to be made for, and to detain such document pending the orders of any such chief judicial magistrate, chief metropolitan magistrate or court of session or high courtcommission for examination of witness113 (1) whenever, in the course of a trial by an assam rifles court, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the chief law officer in order that a commission to take the evidence of such witness may be issued(2) the chief law officer may then, if he thinks necessary, issue a commission to any chief judicial magistrate or judicial magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness2 of 1974(3) the chief judicial magistrate or judicial magistrate of the first class to whom the commission is issued, or, if he is the chief judicial magistrate, he or such judicial magistrate of the first class as he appoints in this behalf, shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the trials of warrant-cases under the code of criminal procedure, 19732 of 1974(4) when the witness resides in a tribal area or in any place outside india, the commission may be issued in the manner specified in sub-heading "b—commissions for the examination of witnesses" of chapter xxiii of the code of criminal procedure, 1973examination of witness on commission114 (1) the prosecutor and the accused person in any case in which a commission is issued under section 113 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the chief judicial magistrate or the judicial magistrate of the first class executing the commission shall examine the witness upon such interrogatories(2) the prosecutor and the accused person may appear before such chief judicial magistrate or the judicial magistrate of the first class by counsel or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness(3) after a commission issued under section 113 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the chief law officer(4) on receipt of a commission, and deposition returned under sub-section (3), the chief law officer shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court(5) in every case in which a commission is issued under section 113, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission115 a person charged before an assam rifles court—conviction of offences notcharged(a) with desertion may be found guilty of attempting to desert or of being absentwithout leave;(b) with attempting to desert may be found guilty of being absent without leave; (c) with using criminal force may be found guilty of assault; (d) with using threatening language may be found guilty of using insubordinatelanguage;(e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section39 may be found guilty of any other of these offences with which he might have been charged;2 of 1974(f) with an offence punishable under section 55 may be found guilty of any otheroffence of which he might have been found guilty, if the provisions of the code of criminal procedure, 1973, were applicable;(g) with any offence under this act may, on failure of proof of an offence havingbeen committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment;(h) with any offence under this act may be found guilty of having attempted orabetted the commission of that offence, although the attempt or abetment is not separately chargedpresumption as to signatures116 in any proceeding under this act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shownenrolment paper117 (1) any enrolment paper purporting to be signed by an enrolling officer shall, inproceedings under this act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given(2) the enrolment of such person may be proved by the production of the original or a copy of this enrolment paper purporting to be certified to be a true copy by the officer having custody of enrolment paperpresumption as to certain documents118 (1) a letter, return or other document respecting the service of any person in, or the dismissal, removal or discharge of any person from, any unit of the force, or respecting the circumstances of any person not having served in, or belonged to any unit of the force, if purporting to be signed by or on behalf of the central government or the director-general, or by any prescribed officer, shall be the evidence of facts stated in such letter, return or other document(2) an assam rifles list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by them and of the battalion, unit or branch of the force to which they belong(3) where a record is made in any battalion book in pursuance of this act or of any rules or otherwise in the discharge of official duties, and purporting to be signed by the commandant or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated(4) a copy of any record in any battalion book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record(5) where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this act, or any unit of the force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer or by the commandant of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be the evidence of the matters so stated(6) where any person subject to this act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating facts, the date and place of such surrender or apprehension, and the manner in which he was dressed shall be evidence of the matters so stated(7) any document purporting to be the report under the hand of a government scientific expert, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this act, may be used as evidence in any inquiry, trial or other proceeding under this act(8) the assam rifles court may, if it thinks fit, summon and examine the expert referred to in sub-section (7) as to the subject matter of his report(9) where any such expert is summoned by an assam rifles court and he is unable to attend personally, he may, unless the court has expressly directed him to appear personally, depute any responsible officer working with him to attend the court, if such deputed officer is conversant with the facts of the case and satisfactorily depose in the court on his behalf2 of 1974(10) the provisions of sub-sections (7), (8) and (9) shall apply to such government scientific experts as specified in sub-section (4) of section 293 of the code of criminal procedure, 1973reference by accused to government officer119 (1) if at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received(2) the written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court(3) if the court is dissolved before the receipt of such reply or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial120 (1) when any person subject to this act has been convicted by an assam rifles court of any offence, such assam rifles court may inquire into, and receive, and record evidence of any previous convictions of such person, either by an assam rifles court or by a criminal court, or any previous award of punishment under section 62 or section 64 or evidence of previous convictions and general charactersection 65 or section 66, and may further inquire into and record the general character of such person and such other matters as may be prescribed(2) evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of an assam rifles court, or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received(3) at a summary assam rifles court, the officer holding the trial may, if he thinks fit, record any pervious convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this sectionlunacy of121 (1) whenever, in the course of a trial by an assam rifles court, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly(2) the presiding officer of the court, or in the case of a summary assam rifles court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its findings under section 137, as the case may be(3) the confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another assam rifles court for the offence with which he was charged(4) the authority to whom the finding of a summary assam rifles court is reported under sub-section (2), and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the central government(5) on receipt of a report under sub-section (4), the central government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody122 where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 121, any officer prescribed in this behalf, may,—subsequent fitness of lunatic accused for trial(a) if such person is in custody under sub-section (4) of section 121, on the report of a medical officer that he is capable of making his defence, or(b) if such person is detained in a jail under sub-section (5) of section 121 on a certificate of the inspector-general of prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another assam rifles court for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court123 a copy of every order made by an officer under section 122 for the trial of the accused shall forthwith be sent to the central governmenttransmission to central government of orders under section 122124 where any person is in custody under sub-section (4) of section 121 or under detention under sub-section (5) of that section,—release of lunatic accused(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or(b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 122 that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the central government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been to such an asylumdelivery of lunatic accused to relatives125 where any relative or friend of any person who is in custody under sub-section(4) of section 121 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the central government may, upon application by such relative or friend and, on his giving security to the satisfaction of that government that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the central government may direct, order such person to be delivered to such relative or friendorder for custody and disposal of property pending trial126 when any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before an assam rifles court during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold otherwise disposed oforder of disposal of property regarding which offence is committed127 (1) after the conclusion of a trial before any assam rifles court, the court or the officer confirming the finding or sentence of such assam rifles court, or any authority superior to such officer, or, in the case of summary assam rifles court whose finding or sentence does not require confirmation, an officer not below the rank of deputy inspector- general within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been committed or which has been used for the commission of any offence2 of 1974(2) where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within india or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the code of criminal procedure, 1973(3) in this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise45 of 1860 2 of 1974128 any trial by an assam rifles court under the provisions of the act shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the indian penal code and the assam rifles court shall be deemed to be the court within the meaning of sections 345 and 346 of the code of criminal procedure, 1973powers of assam rifles court in relation to proceedings under this act chapter x confirmation and revision129 no finding or sentence of a general assam rifles court or a petty assam rifles court shall be valid except so far as it may be confirmed as provided by this actfinding and sentence not valid unless confirmed130 the findings and sentences of general assam rifles courts may be confirmed bythe central government or by any officer empowered in this behalf by warrant of the central governmentpower to confirm finding and sentence of general assam rifles court131 the findings and sentences of petty assam rifles courts may be confirmed by anofficer having power to convene a general assam rifles court or by any officer empowered in this behalf by warrant of such officerpower to confirm finding and sentence of petty assam rifles court132 a warrant issued under section 130 or section 131 may contain such restrictions, reservations or conditions as the authority issuing it may think fitlimitation ofpowers ofconfirming authority133 subject to such restrictions, reservations or conditions, as may be contained in any warrant issued under section 130 or section 131, a confirming authority may, when confirming the sentence of an assam rifles court, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishment lower in the scale laid down in section 57power of confirming authority to mitigate, remit or commute sentences134 when any person subject to this act is tried and sentenced by an assam rifles court while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkationconfirming of findings and sentences on board a shiprevision of finding or sentence135 (1) any finding or sentence of an assam rifles court which requires confirmation may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence(2) the court, on revision, shall consist of the same officers as were present when the original decision was passed unless any of those officers are unavoidably absent(3) in case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision:provided that, if a general assam rifles court, still consists of five officers, or, if a petty assam rifles court, of three officers136 (1) save as otherwise provided in sub-section (2), the finding and sentence of a summary assam rifles court shall not require to be confirmed, but may be carried out forthwithfinding and sentence of a summary assam rifles court(2) if the officers holding the trial is of the rank of deputy commandant or of a rank declared under clause (a) of sub-section (5) of section 96 as equivalent thereto or of a lower rank and has held such rank for less than five years, he shall not, except on active duty, carry into effect any sentence, until it has received the approval of an officer not below the rank of a deputy inspector-generaltransmission of proceedings of summary assam rifles court137 the proceedings of every summary assam rifles court shall, without delay, be forwarded to the officer not below the rank of deputy inspector-general within whose command the trial was held, or to the prescribed officer, and such officer or the director- general or any officer empowered by him in this behalf may, for reasons based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the court might have passedalteration of finding or sentence in certain cases138 (1) where a finding of guilty by an assam rifles court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 150 to commute the punishment awarded by the sentence, if the finding had been valid may substitute a new finding and pass a sentence for the offence specified or involved in such finding:provided that no such substitution shall be made unless such finding could have been validly made by the assam rifles court on the charge and unless it appears that the assam rifles court must have been satisfied of the facts establishing the said offence(2) where a sentence passed by an assam rifles court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1) is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence(3) the punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishment than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section(4) any finding substituted, or any sentence passed, under this section shall, for the purpose of this act and the rules, have effect as if it were a finding or sentence, as the case may be, of an assam rifles courtremedy against order, finding or sentence of assam rifles court139 (1) any person subject to this act who considers himself aggrieved by any order passed by any assam rifles court may present a petition to the officer or authority empowered to confirm any finding or sentence of the assam rifles court and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates(2) any person subject to this act who considers himself aggrieved by a finding or sentence of any assam rifles court which has been confirmed may present a petition to the central government, the director-general or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the central government, the director- general or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fitannulment of proceedings140 the central government, the director-general or any prescribed officer mayannul the proceeding of any assam rifles court on the ground that they are illegal or unjust chapter xi execution of sentence, pardons, remission, etcform of sentence of death141 in awarding a sentence of death, an assam rifles court shall in its discretiondirect that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to deathcommencement of sentence of imprisonment142 whenever any person is sentenced by an assam rifles court under this act toimprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day in which the original proceedings were signed by the presiding officer, or in the case of a summary assam rifles court, by the court:provided that when a person subject to this act is sentenced by an assam rifles court to a term of imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil or force custody during investigation, inquiry or trial of the same case, and before the date of order, such sentence shall be set off against the term of imprisonment imposed upon him and the liability of such person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon himexecution of sentence of imprisonment143 (1) whenever any sentence of imprisonment is passed under this act by an assam rifles court or whenever any sentence of death is commuted to imprisonment, the confirming officer or in case of a summary assam rifles court, the officer holding the court or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct that the sentence shall be carried out by confinement in a civil prison(2) when a direction has been made under sub-section (1), the commandant of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant(3) in the case of a sentence of imprisonment for a period not exceeding three months and passed under this act by an assam rifles court the appropriate officer under subsection (1) may direct that the sentence shall be carried out by confinement in force custody instead of in a civil prison(4) on active duty, a sentence of imprisonment may be carried out by confinement in such place as the deputy inspector-general within whose command the person sentenced is serving or any prescribed officer may from time to time appointtemporary custody of offender144 where a sentence of imprisonment is directed to be undergone in a civil prison, the offender may be kept in force custody or in any other fit place till such time as it is possible to send him to a civil prisonexecution of sentence of imprisonment in special case145 whenever, in the opinion of an officer not below the rank of deputy inspector-general within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in force custody in accordance with the provisions of section 143, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place146 a person under sentence of imprisonment may, during his conveyance from place to place, or when on board ship, aircraft or otherwise, be subjected to such restraint as is necessary for his safe conduct and removalconveyance of prisoner from place to placecommunication of certain orders to prison officers147 when an order is duly made under this act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such person is confinedexecution of sentence of fine2 of 1974148 when a sentence of fine is imposed by an assam rifles court under section 55,a copy of such sentence signed and certified by the confirming officer, or where no confirmation is required by the officer holding the trial may be sent to any magistrate in india and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the code of criminal procedure, 1973, as if it were a sentence of fine imposed by such magistrateinformality or error in the order or warrant149 whenever any person is sentenced to imprisonment under this act and isundergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this act, the confinement of such person shall not be deemed to be illegal only by reason of informality or error in, or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or is confined in any such place, and any such order, warrant or document may be amended accordinglypardon and remission150 when any person subject to this act has been convicted by an assam riflescourt of any offence, the central government or the director-general, or in the case of a sentence which he could have confirmed or which did not require confirmation, an officer not below the rank of deputy inspector-general within whose command such person at the time of conviction was serving or the prescribed officer may,—(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or(b) mitigate the punishment awarded; or (c) commute such punishment for any less punishment or punishments mentioned in this act; or(d) either with or without conditions which the person sentenced accepts, release the person on parolecancellation of conditional pardon, release on parole orremission151 (1) if any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted(2) a person whose sentence of imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentencesuspension of sentence of imprisonment152 (1) where a person subject to this act is sentenced by an assam rifles court to imprisonment, the central government, the director-general or any officer empowered to convene a general assam rifles court may suspend the sentence whether or not the offender has already been committed to prison or to force custody(2) the authority or officer specified in sub-section (1) may, in the case of an offender so sentenced direct that until the order of such authority or officer have been obtained, the offender shall not be committed to prison or to force custody(3) the powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commutedorders pending suspension153 (1) where sentence referred to in section 152 is imposed by an assam riflescourt other than summary assam rifles court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to force custody until the orders of the authority or officer specified in section 152 have been obtained(2) where a sentence of imprisonment is imposed by a summary assam rifles court, the officer holding the trial or the officer authorised to approve the sentence under subsection (2) of section 136 may make the direction referred to in sub-section (1)release on suspension154 where a sentence is suspended under section 152 the offender shall forthwith bereleased from custody155 any period during which the sentence is under suspension shall be reckoned aspart of the term of such sentencecomputation of period of suspension order after suspension156 the authority or officer specified in section 152 may, at any time while a sentenceis suspended, order—(a) that the offender be committed to undergo the unexpired portion of the sentence; or(b) that the sentence be remittedreconsideration of case after suspension157 (1) where a sentence has been suspended, the case may at any time, and shall atintervals of not more than four months, be reconsidered by the authority or officer specified in section 152 or by any officer not below the rank of a deputy inspector-general duly authorised by the authority or officer specified in section 152(2) where on such reconsideration by the officer so authorised it appears to him that the conduct of offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 150158 where an offender, while a sentence on him is suspended under this act, is sentenced for any other offence, then,—fresh sentence after suspension(a) if the further sentence is also suspended under this act, the two sentencesshall run concurrently(b) if the further sentence is for a period of three months or more and is not suspended under this act, the offender shall be so committed to prison or to force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and(c) if the further sentence is for a period of less than three months and is not suspended under this act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 156 or section 157, continue to be suspended159 the powers conferred by sections 152 and 156 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutationscope of power of suspension effect of suspension and remission on dismissal160 (1) where in addition to any other sentence the punishment of dismissal or removal has been awarded by an assam rifles court, and such sentence is suspended under section 152, then, such dismissal or removal shall not take effect until so ordered by the authority or officer specified in section 152(2) if such other sentence is remitted under section 156, the punishment of dismissal or removal shall also be remitted chapter xii miscellaneousdisposal of property of the members of the force161 the central government or any other authority empowered in this behalf by that government may, by a general or special order, make provisions for the disposal of the private or regimental property of any person subject to this act or any other dues including provident fund of that person, who dies or deserts, or is ascertained to be of unsound mind or while on active duty is officially reported as missing162 (1) the central government may, by general or special order published in the official gazette, direct that, subject to such conditions and limitations, and within the local limits of such area adjoining the border of india, as may be specified in the order, any member of the force may,—(a) for the purpose of prevention of any offence punishable under the passport(entry into india) act, 1920, the registration of foreigners act, 1939, the central excise act, 1944, the foreigners act, 1946, the customs act, 1962, the passports act, 1967 or the foreign exchange management act, 1999 or of any cognizable offence punishable under any other central act; orpowers and duties conferrable and imposable on members of the force 34 to 1920 16 of 1939 1 of 1944 31 of 1946 52 of 1962 15 of 1967 42 of 1999(b) for the purpose of apprehending any person who has committed any offence referred to in clause (a), exercise or discharge such of the powers or duties under that act or any other central act as may be specified in the said order, being the powers and duties which, in the opinion of the central government, an officer of the corresponding or lower rank is by that or such other act empowered to exercise or discharge for the said purposes(2) the central government may, by general or special order published in the official gazette, confer or impose, with the concurrence of the state government concerned, any of the powers or duties which may be exercised or discharged under a state act by a police officer upon a member of the force who, in the opinion of the central government, holds a corresponding or higher rank(3) every order 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 order or both houses agree that the order should not be made, the 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 order1 of 1872protection for acts of members of the force163 (1) the provision of section 125 of the indian evidence act, 1872 shall apply to such members of the force who exercise or discharge any power or duty under sub-section (1) of section 162 or on whom any power is conferred or duty is imposed under sub-section (2) of that section in the same manner as it apply to a police officer(2) in any suit or proceeding against any member of the force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead, that such act was done by him under the authority of such warrant or order(3) any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order(4) notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceedings and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceedings164 (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 for removing the difficulty:power of central government to remove difficultiesprovided that no order shall be made under this section after the expiry of two years from the 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 parliamentpower to make rules165 (1) the central government may, by notification, make rules for the purposes of carrying out the provisions of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for—(a) the manner of re-constitution of the force and the conditions of service of the members of the force under sub-section (2) of section 4;(b) the mode of enrolment and the procedure for enrolment under sub-section(1) of section 6;(c) the authority whose previous permission in writing is required for resigning from appointment or withdrawing from all or any of the duties under section 8;(d) rank or ranks of an officer or a subordinate officer referred to under subsection (2) of section 11;(e) the authority who shall give previous sanction in writing under sub-section(1) of section 13;(f) nature of communication or publication under clause (c) of sub-section (1) of section 13;(g) other purposes of meeting or demonstration under sub-section (2) of section13;(h) form of enrolment under section 31; (i) any other purpose under clause (h) of sub-section (1) of section 57;(j) the officer who may direct that an enrolled person who has been sentenced to dismissal or imprisonment whether combined with dismissal or not may be retained to serve in the ranks under section 60;(k) the manner of proceedings against a person and the extent of awarding punishment under section 62;(l) the manner of proceeding against an officer below the rank of a deputy commandant and of in the rank of subordinate officer and of a rank of a warrant officer under sub-section (1) of section 64;(m) the manner of forwarding certified true copies of the proceedings and the superior authority to whom such copies shall be forwarded under sub-section (2) of section 64;(n) the manner of proceeding against an officer below the rank of commandant and of any rank of subordinate officer and of a rank of warrant officer under subsection (1) of section 65;(o) the manner of proceeding against any subordinate officer or a warrant officer under section 66;(p) the officer by whose order any sum is required to be paid, for the maintenance of wife or legitimate or illegitimate child of a person subject to this act other than an officer, under clause (i) of section 69;(q) the officer who may direct that the whole or any part of the pay and allowances of person subject to this act shall be withheld under section 71;(r) the manner and the extent of remission of deductions from pay and allowances authorised by this act and the authority by which such remission shall be made under section 75;(s) the authorities by whom proper provision to be made out of the pay and allowances of all persons subject to this act, being prisoners of war, for the dependents of such persons under section 76;(t) the authorities who shall make proper provision out of the pay and allowances of any person subject to this act, who is prisoner of war or is missing under section 77;(u) the manner in which and the period for which any person subject to this act may be taken into and detained in force custody under sub-section (4) of section 80;(v) the manner of making special report giving reasons for delay under section81;(w) the authority to appoint, and the manner of appointment of, a court of inquiry; the manner of administering oath or affirmation by such court of inquiry and the manner of making record under sub-section (1) of section 84;(x) the officer who may appoint force police under sub-section (1) of section 85;(y) the other officer having the discretion to decide before which court the proceeding shall be instituted under section 102;(z) the manner of filling up the vacancy of member by another officer under subsection (3) of section 106;(za) the manner of administering oath or affirmation to every member of an assam rifles court and to the law officer, or, as the case may be, the officer approved under section 105 before the commencement of the trial, under sub-section (1) of section 107;(zb) the form of being duly sworn or affirmation under sub-section (2) of section107;(zc) the officer by whom the letter, return or other documents purported to be signed shall be the evidence of the facts stated in such letter, return or other document under sub-section (1) of section 118;(zd) the other matters to be further inquired and recorded under sub-section (1)of section 120;(ze) the other matters to be recorded under sub-section (3) of section 120; (zf) the manner of keeping in custody of the accused person under sub-section(4) of section 121;(zg) the officer who may take steps to have certain persons tried under section122;(zh) the authority for issuing certificate in case of detention in any other place under clause (b) of section 122;(zi) the officer to whom the proceedings of every summary assam rifles courts shall be forwarded under section 137;(zj) the officer superior in command, to the one who confirmed the findings or sentence referred to in sub-section (2) of section 139, to whom petition may be presented under that sub-section;(zk) the officer who may annul the proceeding of any assam rifles court under section 140;(zl) the other officer who shall direct that sentence shall be carried out by the confinement in a civil prison under sub-section (1) of section 143;(zm) the officer who shall forward a warrant and the form of such warrant under sub-section (2) section 143;(zn) the officer who may from time to time appoint the place of confinement under sub-section (4) of section 143;(zo) the other person by whom the warrant shall be forwarded to the officer in charge of the prison under section 147;(zp) the officer who may pardon or exercise other powers as specified under clauses (a) to (c) of section 150;(zq) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules166 the director-general may make regulations for all or any of the purpose of this act other than those specified in section 165, subject to approval of the central governmentpower to make regulationsrules and regulations to be laid before parliament167 every rule or 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 regulation168 (1) the assam rifles act, 1941 is hereby repealedrepeal and savings5 of 1941(2) notwithstanding such repeal,—(a) the assam rifles in existence at the commencement of this act and constituted under the act so repealed shall be deemed to be reconstituted under this act;(b) members of the assam rifles in existence at the commencement of this act and appointed under the act so repealed shall be deemed to have been appointed or, as the case may be, enrolled as such under this act;5 of 1941(c) any appeal, application, trial, inquiry or investigation pending immediatelybefore the commencement of this act shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the assam rifles act, 1941, as if this act had not come into force;(d) any thing done or any action taken before the commencement of this act, in relation to any person appointed or enrolled, shall be valid and as effective in law as if such thing or action was done or taken under the corresponding provisions of this act statement of objects and reasonsthe assam rifles was initially raised in 1835 as cachar levy and was employed on frontier watch and ward duty to assist the civil administration in the maintenance of law and order in the tribal areas of the erstwhile composite state of assam particularly in lushai and mikir hills, naga hills, khasi-jaintia and garo hills as also in the erstwhile north-east frontier agency (now arunachal pradesh)2 the force came under the control of the central government in 1941 after the passing of the assam rifles act, 1941 (5 of 1941) it was administered by the governor of assam through the north-east frontier agency (nefa) under the overall control of the ministry of external affairs, and was later on transferred to the ministry of home affairs in 1965 certain assam rifles battalions were placed under the operational control of the army the strength of the assam rifles battalions was 5 battalions till 1950 and was increased to take care of border security and internal security duties the assam rifles is now comprised of 46 battalions3 this force has been charged with the responsibility of ensuring security of the borders of india, to carry out counter insurgency operations in the specified areas and to act in aid of civil authorities for the maintenance of law and order and for matters connected therewith the personnel of assam rifles are governed by the assam rifles act, 1941 except for the personnel of those battalions of the assam rifles which are at present deployed under the operational control of the army in whose case the army act, 1950 is applicable with certain exceptions and modifications the gradual change in the complexion of the force had made the existing assam rifles act, 1941 outdated the assam rifles act, 1941 is not applicable to the officers of the force and thus there is a vacuum considering the nature and purpose of the force and to bring uniformity in application of the legal provisions, it is felt that a separate enactment, which will provide for its special needs, should regulate the force4 keeping in view the above, the assam rifles bill, 2003 was introduced in the thirteenth lok sabha on 8th may, 2003 and the same was referred to the department related parliamentary standing committee on home affairs for examination and report the committee presented its report on the said bill in the parliament on 19th december, 2003 the committee adopted the said bill with certain recommendations which have been examined and considered by the government however, the said bill was lapsed on the dissolution of the thirteenth lok sabha as regards the recommendations in respect of clauses 2 and 108 have been incorporated in the present bill the other recommendations will be taken care of while framing the rules and regulations under the proposed legislation5 the salient features of the present bill, inter alia, are as follows:—(i) the constitution of the assam rifles as an armed force of the union, with provisions for its control and other provisions relating to its establishment, etc;(ii) establishment and procedure of the assam rifles courts, offences committed by the force members, punishment therefor and trial of such offences by the assam rifles courts;(iii) provisions relating to retention, custody and trial of the offenders under the proposed legislation;(iv) provisions for redressal of grievances of members of the force who deems themselves wronged by their superior;(v) provision for imposition of certain restrictions on the rights of member of the force in terms of article 33 of the constitution of india;(vi) confirmation, revision and execution of sentences, pardons and remissions, etc, and miscellaneous provisions;(vii) deductions to be made from the pay and allowances of the members of the force for certain offences;(viii) provision for prohibition of second trial on the lines of the principles enshrined in article 20(2) of the constitution of india;(ix) provision for a period of limitation for trial of offences under the proposed legislation;(x) provision for law officer to attend every general assam rifles court and petty assam rifles court;(xi) manner of execution of sentences of death as well as imprisonment and provisions relating to powers and duties of members of the assam rifles;(xii) statutory protection for acts done by members of the assam rifles in discharging their official duty; and(xiii) proposes to repeal the existing assam rifles act, 19416 the bill seeks to achieve the above objectsnew delhi;shivraj v patilthe 14th march , 2006 notes on clausesclause 2—this clause seeks to define the various expressions commonly used in the billclause 3—this clause specifies the persons who shall be subject to the proposed legislation sub-clause (3) specifies that the persons who are on deputation from the regular army, shall not be subject to the proposed legislation and they shall continue to be governed by the army act, 1950 sub-clause (4) specifies that the persons who are not otherwise subject to the proposed legislation shall be deemed to be a member of the force by a notification issued by the central government when such persons are engaged to or accompany with any member of the force to provide any service in any mannerclause 4—this clause seeks to provide for the constitution of the assam rifles clause 5—this clause seeks to provide for the general superintendence, direction and control of the force and appointment of officers of the force shall vest in and be exercised by the central government further, this clause provides that subject to the provisions of the proposed legislation and rules and regulations made thereunder, command and supervision of the force shall vest in an officer to be appointed by the central government or the director general of the forceclause 6—this clause seeks to provide for the enrolment into the force and a person who is not a citizen of india shall not be enrolled in the force except by the consent of the central government in writingclause 7—this clause seeks to provide the liability of every member of the force to serve in any part of india as well as outside indiaclause 8—this clause seeks to provide for the procedure for the resignation and withdrawal of a member of the forceclause 9—this clause seeks to provide that every person subject to the proposed legislation shall hold office during the pleasure of the presidentclause 10—this clause seeks to provide the termination of service of any person subject to the proposed legislation by the central governmentclause 11—this clause seeks to provide that the director-general, additional director general or any inspector-general may dismiss or remove from service or reduce to a lower grade or rank or ranks any person subject to the proposed legislation other than an officerclause 12—this clause seeks to provide that on termination of service of a subordinate officer, under-officer and an enrolled person will be provided with certificateclause 13—this clause seeks to impose certain restrictions on the rights of members of the force to form associations, and on their freedom of speech this clause basically incorporates the principles laid down in article 33 of the constitution of indiaclause 14—this clause seeks to provide only authorised deductions to be made from the pay of every person subject to the proposed legislationclause 15—this clause seeks to provide for redressal of grievance of a person subject to the proposed legislation, other than an officer, who deems himself wronged by an officer or a subordinate officerclause 16—this clause seeks to provide for redressal of grievance to an officer who deems himself wronged by a superior officerclause 17—this clause seeks to provide immunity from attachment of pay and other necessaries including arms, clothes and equipment of a person subject to this legislation by a process of civil or revenue courtclause 18—this clause seeks to provide for immunity to person subject to the proposed legislation from arrest for debt by the authority of any civil court, revenue court or revenue officer except with the prior consent of the central governmentclause 19—this clause seeks to provide for immunity from arrest under civil or revenue process of any person who is attending an assam rifles courtclause 20—this clause seeks to provide that the service privileges specified in clauses14 to 19 shall be in addition to the privileges which have been conferred on persons subject to this legislation under any other lawclause 21—this clause seeks to provide the offences committed in relation to enemy and are punishable with deathclause 22—this clause seeks to provide the offences in relation to enemy and not punishable with deathclause 23—this clause seeks to provide the offences, which are punishable more severely on active duty than at other timesclause 24—this clause seeks to provide the offences of mutiny and punishment for the sameclause 25—this clause seeks to provide the offences of desertion and aiding desertion and punishment for the sameclause 26—this clause seeks to provide the offences related with absence without leave and punishment for the sameclause 27—this clause seeks to provide the offence of striking and threatening superior officers and punishment for the sameclause 28—this clause seeks to provide the offence of disobedience of orders by superior officer and punishment for the sameclause 29—this clause seeks to provide the offence related with insubordination and obstruction and punishment for the sameclause 30—this clause seeks to provide the offence of fraudulent enrolment and punishment for the sameclause 31—this clause seeks to provide the offence related with false answers on enrolment and punishment for the sameclause 32—this clause seeks to provide the offence of unbecoming conduct and punishment for the sameclause 33—this clause seeks to provide the offences, which are certain forms of disgraceful conduct and punishment for the sameclause 34—this clause seeks to provide the offence of ill-treating a subordinate and punishment for the sameclause 35—this clause seeks to provide the offence of intoxication and punishment for the sameclause 36—this clause seeks to provide the offence of permitting escape from custody and punishment for the sameclause 37—this clause seeks to provide the offences related with irregularity in connection with arrest or confinement and punishment for the sameclause 38—this clause seeks to provide the offence of escape from custody and punishment for the sameclause 39—this clause seeks to provide the offences in respect of property and punishment for the sameclause 40—this clause seeks to provide the offence of extortion and corruption and punishment for the sameclause 41—this clause seeks to provide the offence of making away with equipment and punishment for the sameclause 42—this clause seeks to provide the offence related with injury to property and punishment for the sameclause 43—this clause seeks to provide the offences of false accusation and punishment for the sameclause 44—this clause seeks to provide the offences relating to falsifying of official document and false declaration and punishment for the sameclause 45—this clause seeks to provide the offence of signing in blank and failure to report and punishment for the sameclause 46—this clause seeks to provide the offences relating to assam rifles court and punishment for the sameclause 47—this clause seeks to provide the offence for false evidence before any assam rifles court or any other court competent to administer oath and affirmation and punishment for the sameclause 48—this clause seeks to provide the offence for unlawful detention of pay and punishment for the sameclause 49—this clause seeks to provide the offence for violation of good order and discipline and punishment for the sameclause 50—this clause seeks to provide certain miscellaneous offences and the punishment for the sameclause 51—this clause seeks to provide for attempt to commit offences specified in clauses 21 to 50, a distinct offence and punishment for the sameclause 52—this clause seeks to provide offence of abetment of offences that have been committedclause 53—this clause seeks to provide offence of abetment of offences punishable with death and not committedclause 54—this clause seeks to provide offence of abetment of offences punishable with imprisonment and not committedclause 55—this clause seeks to provide for the trial of a person subject to this legislation for commission of a civil offence, that is offences triable by courts of ordinary criminal justice, subject to the provisions of clause 56 clause 56—this clause seeks to provide that an offence of murder, culpable homicide not amounting to murder, rape when committed against a person not subject to this legislation shall not be tried by an assam rifles court except in cases where the said offences are committed while on active duty at any place outside india or at any place specified by the central government by notification under clause 2(1)(a)(ii)clause 57—this clause seeks to provide for various punishments which may be awarded by assam rifles courts in this clause the various punishments that have been provided are punishment of death; imprisonment which may extend to life or any other lesser term excluding imprisonment for three months in force custody; dismissal from service; compulsory retirement; imprisonment for a term not exceeding three months in force custody; reduction to the rank; forfeiture of seniority of rank and forfeiture of all or any part of service for the purpose of promotion; forfeiture of service for the purpose of increase in pay, pension or any other prescribed purpose; fine; severe reprimand or reprimand; forfeiture of pay and allowances not exceeding three months for an offence committed on active duty; forfeiture of all arrears of pay and allowances in case of person sentenced to dismissal; stoppages of pay and allowances until any proved loss or damage occasioned by the offence is made good the punishments specified above are to be deemed to be inferior in degree to every punishment preceding it in the above scaleclause 58—this clause seeks to enable an assam rifles court to take into account the nature and degree of the offence committed and award to the accused person convicted for any offence under clauses 21 to 54, the punishment lower in the scale within the meaning of clause 57clause 59—this clause seeks to provide for combination of punishments, which may be awarded by assam rifles courtsclause 60—this clause seeks to provide for retention in the force, in the case of an enrolled person, when sentenced to dismissal or imprisonment on active dutyclause 61—this clause seeks to provide for imposing punishment otherwise than by assam rifles court in accordance with clauses 62, 64, 65 and 66clause 62—this clause seeks to authorise commandants and other officers specified by the director-general with the consent of the central government to try in the prescribed manner any person lower in rank than an officer or subordinate officer for an offence and award one or more of the punishments specified thereinclause 63—this clause seeks to impose certain limitations in respect of the award of punishments under clause 62clause 64—this clause seeks to authorise a deputy inspector-general or other officer specified by the director-general with the consent of central government to try in the prescribed manner an officer below the rank of deputy commandant and any rank of subordinate officer and of a rank of warrant officer to award one or more of the minor punishments specified thereinclause 65—this clause seeks to authorise an inspector-general or other officer specified by the director-general with the consent of central government to try in the prescribed manner an officer below the rank of commandant and a subordinate officer and a warrant officer and award one or more of the minor punishments specified thereinclause 66—this clause seeks to authorise a commandant or such other officer specified by director-general, assam rifles with the consent of central government to try any subordinate officer or a warrant officer and award one or more of the minor punishments specified in the clauseclause 67—this clause seeks to provide for imposition of collective fines in case of loss or theft of weapons or ammunition of a unit of the force upon the subordinate officers, under-officers and men of the unit considered to be responsible for the loss or theft to avoid abuse, it has been provided that the power can be exercised only by an officer not below the rank of the commandant of a battalionclause 68—this clause seeks to provide for the penal deductions, which can be made from the pay and allowances of an officerclause 69—this clause seeks to provide for the penal deductions that can be made from the pay and allowances of persons other than an officerclause 70—this clause seeks to provide for method of computation of period of absence or custody for the purpose of sub-clauses (a) and (b) of clause 69clause 71—this clause seeks to provide for withholding of whole or any part of pay and allowances of a person who is in custody or under suspension from duty on a charge for an offenceclause 72—this clause seeks to provide the limit of certain deductions from the pay and allowances of members of the forceclause 73—this clause seeks to provide for deductions, which can be made from the public money, which is due to members of the forceclause 74—this clause seeks to provide that during the inquiry into the conduct of the prisoner of war in the hands of the enemy, the whole or any part of the pay and allowances of such prisoner shall be withheld during inquiry by the order of director-general or an authorised officerclause 75—this clause seeks to provide for the power to remit any deduction made from the pay and allowances of a person subject to the proposed legislationclause 76—this clause seeks to provide that in the case of a prisoner of war whose pay and allowances have been forfeited under clause 69, but remission has been made under clause 75, provisions shall be made for dependents from the remitted deductionsclause 77—this clause seeks to provide for making provision for dependents of prisoner of war and missing persons out of pay and allowances of such personsclause 78—this clause seeks to provide for the period during which a person is deemed to be a prisoner of warclause 79—this clause seeks to provide for the arrest of offenders and keeping them in force custody this clause also provides for arrest of an officer who is engaged in a quarrel, affray or disorder on the orders of an officer junior in rankclause 80—this clause seeks to provide that the charge against every person taken into force custody must be investigated within forty-eight hours (excluding sundays and other public holidays) unless investigation within that period is impracticable having regard to the public service in case of delay the matter has to be reported to superior authoritiesclause 81—this clause seeks to provide that in every case where any person who is not on active duty remains in force custody for a longer period than eight days without an assam rifles court for his trial being convened, a special report should be forwarded at intervals of eight days until an assam rifles court is ordered to be convened for his trial or such person is released from custodyclause 82—this clause seeks to provide that the civil authorities shall aid in arrest and delivery of any person subject to the proposed legislation on receipt of any written application to that effect from force authoritiesclause 83—this clause seeks to provide that the civil authorities shall, on receipt of information from the commandant of a unit regarding a deserter, take steps for his apprehension and delivery into force custodyclause 84—this clause seeks to provide for an inquiry when any person subject to the proposed legislation is absent without leave for a period of thirty daysclause 85—this clause seeks to provide for appointment of force police officers by director-general or a prescribed officer for discharging certain duties specified thereinclause 86—this clause seeks to provide for three kinds of assam rifles courts, namely, general assam rifles courts, petty assam rifles courts and summary assam rifles courts, for the trial of offences under the proposed legislationclause 87—this clause seeks to provide the power to convene a general assam rifles court by central government, director-general, assam rifles or by an officer empowered in this behalf by a warrantclause 88—this clause seeks to provide the power to convene a petty assam rifles court by authorities empowered to convene a general assam rifles court and also by an officer authorised in this behalf by a warrantclause 89—this clause seeks to provide the contents of warrants issued under clauses 87 and 88, that such warrants may contain such restrictions, reservations and conditions as may be deemed fit by the officer issuing itclause 90—this clause seeks to provide the composition of a general assam rifles court convened under clause 87clause 91—this clause seeks to provide the composition of a petty assam rifles court convened under clause 88clause 92—this clause seeks to provide the power to convene and composition of a summary assam rifles courtclause 93—this clause seeks to provide the dissolution of an assam rifles court after the commencement of a trial, in certain cases like exigencies of service, illness of law officer or accused making it impossible to continue the trial or when reduced below the minimum number of members prescribed under the act and also provides for retrial of accused person when an assam rifles court is dissolved under this clauseclause 94—this clause seeks to provide the power of a general assam rifles court to try any member of the force for any offence and to pass any sentence authorised therebyclause 95—this clause seeks to provide the powers of petty assam rifles court to try any member of the force except an officer and a subordinate officer and to award any sentence under this legislation except death sentence and imprisonment for a term exceeding two yearsclause 96—this clause seeks to provide the power of a summary assam rifles court as to trial and award of punishmentclause 97—this clause seeks to provide prohibition of second trial for the same offence on the lines of the principles contained in article 20 (2) of constitution of indiaclause 98—this clause seeks to provide a period of limitation for trial of all offences under the legislation the period of limitation shall not apply to offences of desertion, mutiny and fraudulent enrolment this clause provides as to how the period of limitation shall be tabulated when computing the period of limitation, the period during which proceedings of investigation have been stayed by any court by injunction or order, the day on which it was issued and the day on which it was withdrawn shall be excluded in computing the period of limitation, the period spend by any person in evading arrest shall also be excludedclause 99—this clause seeks to provide that a person who has ceased to be subject to the proposed legislation can be taken into arrest, tried and punished as if he continued to be so subject this clause also provides for the period of limitation within which the action against a person can be taken this period is three years from the date the person has ceased to be subject to the legislation however, in computing this period the time during which the person avoided arrest or where the proceedings have been stayed by an injunction or order of the court, the day on which it was issued and the day on which it was withdrawn shall be excludedclause 100—this clause seeks to provide for the application of the proposed legislation during the term of sentence of imprisonment of the person convicted by an assam rifles courtclause 101—this clause seeks to provide for trial of an offender under the proposed legislation at any placeclause 102—this clause seeks to provide for choice between criminal court and assam rifles court in the case of offences where criminal court and assam rifles court are having concurrent jurisdiction and in such cases the first choice will be with the director- general, assam riflesclause 103—this clause seeks to provide the power of criminal court to give notice for delivery of an accused person in the case of an offence under clause 102 this clause also provides for reference to central government in the case of any difference of opinion by the officers of the forceclause 104—this clause seeks to provide the senior member to act as presiding officer in a general assam rifles courtclause 105—this clause seeks to provide that every general assam rifles court shall be and petty assam rifles court may be attended by a law officer or an officer approved by the chief law officer or a law officerclause 106—this clause seeks to provide the right of an accused person at a general assam rifles court and petty assam rifles court to object to be tried by any member sitting in the court on assembling of the court and procedure to be followed when such an objection is raisedclause 107—this clause seeks to provide for administration of oath or affirmation to every member of an assam rifles court, law officer and witnesses giving evidence before itclause 108—this clause seeks to provide every decision of an assam rifles court shall be passed by majority of votes and in the case of equality of votes on finding and sentence, the decision shall be in the favour of the accused this clause also provides that concurrence of at least two-third of members shall be required in the case of a death sentence further provides the presiding officer shall have casting vote in matters other than challenges under clause 106, finding and sentenceclause 109—this clause seeks to provide for application of the indian evidence act,1872 to all proceedings before an assam rifles courtclause 110—this clause seeks to confer power on the assam rifles court to take judicial notice of any matter within the general knowledge of officers of the forceclause 111—this clause seeks to confer power on the convening authority, presiding officer of an assam rifles court or court of inquiry and the law officer to summon a witness by issuing summons to give evidence or to produce a document or other thing it provides that in the case of a witness subject to the proposed legislation, the summons shall be sent to his commandant and in the case of any other witness, the summons shall be given effect through a magistrate within whose jurisdiction the witness residesclause 112—this clause seeks to provide for exception to provisions of clause 111with respect to operations of provision of sections 123 and 124 of the indian evidence act, 1872 or to a document in the custody of postal or telegraph authorities further, this clause provides in the case of documents in the custody of postal or telegraph authorities, a chief judicial magistrate, chief metropolitan magistrate, court of session or high court may direct the postal or telegraph authorities to deliver such documents for the purpose of an assam rifles courtclause 113—this clause seeks to provide appointment of commission for examination of witnesses, during the course of trial by any assam rifles court, when the attendance of such witness cannot be procured without an amount of delay, expense or inconvenienceclause 114—this clause seeks to provide that in the case of a commission issued under clause 113, the prosecutor and the accused person may forward interrogatories in writing for examination of witness for the commission issued and may also appear before the commission for examination of such witness further, this clause provides for the procedure to be followed on execution of such commissionclause 115—this clause seeks to provide for conviction by an assam rifles court for offences not charged, in case of certain offences, for an offence of same nature but of lesser gravityclause 116—this clause seeks to provide for the presumption as to signature and the character by whom and in which it purports to have been signed, in respect of certain documents when produced before an assam rifles courtclause 117—this clause seeks to provide for presumption as to evidence of question and answers in an enrolment paper duly signed by an enrolling officer when produced in a proceeding under this legislationclause 118—this clause seeks to provide presumption by an assam rifles court as to certain documents like a letter, return or a document respecting the service of a person, an assam rifles list or gazette, a record made in any battalion book in pursuance of this legislation, any document or report under the head of a government scientific expert, etc this clause also provides power of an assam rifles court to summon and examine a government expert as to the subject-matter of this reportclause 119—this clause seeks to provide that when the accused in the case of offence under clause 25 or clause 26, refers to a government officer for any sufficient or reasonable excuse in his defence and it appears that such officer is likely to prove or disprove the said statement of accused, the court may address such officer and adjourn the proceedings until his reply is received and the written reply, if signed by such officer shall be received in evidence as if given on oath before the courtclause 120—this clause seeks to provide for taking evidence as to the previous convictions and general character of an accused person on his conviction for purposes of awarding the punishmentclause 121—this clause seeks to provide the assam rifles court to record a finding as to the lunacy of the accused, when the accused person is by reason of unsoundness of mind incapable of making his defence or that he committed the act alleged due to unsoundness of mind and confirmation of such a finding this clause also provides that the confirming authority in such cases will report the matter to central government for order as to detention of such accused personclause 122—this clause seeks to provide for the trial of an accused person who was found by reason of unsoundness of mind to be incapable of making his defence on his subsequent fitness on the report of a medical officer or on a certificate of the inspector general of prisons and in the case of an accused kept in mental asylum, by two or more visitors of that asylum that he is capable of making his defenceclause 123—this clause seeks to provide that a copy of certificate under clause 122shall forthwith be sent to the central governmentclause 124—this clause seeks to provide for the release of a lunatic accused kept in custody under clause 121 by central government on the certificate by any of the authorities mentioned in clause 122 that such person may be released without danger of his doing injury to himself or any other person this clause also provides for transfer of such person to public lunatic asylum if not already sent to such asylum by central governmentclause 125—this clause seeks to provide for delivery of a lunatic accused detained under clause 121 to his relatives on the orders of central governmentclause 126—this clause seeks to provide for custody and disposal of any property in respect of which an offence appears to have been committedclause 127—this clause seeks to provide that the competent authority may order disposal of property regarding which offence is committed, on conclusion of a trial before any assam rifles courtclause 128—this clause seeks to provide that the trial by an assam rifles court shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of indian penal code and assam rifles court shall be deemed to be a court within the meaning of sections 345 and 346 of the code of criminal procedure, 1973clause 129—this clause seeks to provide that the finding and sentence of general assam rifles court and a petty assam rifles court shall be valid only if it is confirmed as provided in clauses 130 and 131clause 130—this clause seeks to provide that the finding of a general assam rifles court may be confirmed by central government or by any officer empowered by warrant of central governmentclause 131—this clause seeks to provide that the finding of a petty assam rifles court to be confirmed by an officer empowered to convene a general assam rifles court or by an officer empowered by a warrant of such officerclause 132—this clause seeks to provide certain restrictions, reservations and conditions in the warrants issued under clauses 130 and 131clause 133—this clause seeks to impose certain restrictions, reservations and conditions on the power of confirming authority under clause 132 to mitigate, remit or commute the sentence awardedclause 134—this clause seeks to provide confirmation of a finding and sentence in respect of an accused person subject to this legislation, who has been tried and sentenced while on board a ship, to confirm and execute as if, such person had been tried at the port of disembarkationclause 135—this clause seeks to provide for revision of a finding and sentence of an assam rifles court, which requires confirmation, once on the order of confirming authority by the same courtclause 136—this clause seeks to provide that the finding and sentence of a summary assam rifles court is not required to be confirmed and will be carried out forthwith it also provides that in the case of a finding and sentence of a summary assam rifles court, where the trial is held by an officer holding the rank of deputy commandant or of a rank declared under clause 96(5)(a) as a lower rank and has held such rank for less than three years, then, the sentence will not be given effect to until approved by an officer not below the rank of a deputy inspector-generalclause 137—this clause seeks to provide that the proceeding of a summary assam rifles court shall be forwarded to an officer not below the rank of deputy inspector-general within whose command the trial was held and the power of the said officer to set aside or reduce the sentence on the merit of the case but not on technical groundsclause 138—this clause seeks to provide for alteration or substitution of finding or sentence awarded by an assam rifles court by an authority empowered under clause 150 to commute the punishment when it is found for any reason to be invalid or cannot be supported by the evidenceclause 139—this clause seeks to provide for the remedy available to any person subject to the proposed legislation against any order including finding and sentence by an assam rifles court and the power of the central government, director-general, assam rifles or the prescribed officer on receipt of any petition from such personclause 140—this clause seeks to provide for the power of central government, the director-general or any prescribed officer to annul the proceedings of an assam rifles court which is illegal or unjustclause 141—this clause seeks to provide that while awarding a death sentence, the assam rifles court shall in its discretion direct whether the convict shall suffer death by being hanged by neck or shall suffer death by being shot to deathclause 142—this clause seeks to provide the date from which the sentence of imprisonment awarded by an assam rifles court commences and also provides for set off from the period of imprisonment the period spent in custody during investigation and trial in the same caseclause 143—this clause seeks to provide the procedure for executing the sentence of imprisonment awarded by an assam rifles courtclause 144—this clause seeks to provide for keeping in force custody or in any other fit place of an offender who has been directed to undergo sentence of imprisonment in a civil prisonclause 145—this clause seeks to provide for execution of sentence of imprisonment or a portion thereof in any civil prison or other fit place in special casesclause 146—this clause provides for imposing restraint on a person subject to the proposed legislation under the sentence of imprisonment during his conveyance for his safe conduct and removalclause 147—this clause seeks to provide for communication of order setting aside or varying any sentence, in the case of a person confined in a civil prison, to prison authoritiesclause 148—this clause seeks to provide for execution of sentence of fine awarded by an assam rifles courtclause 149—this clause seeks to provide for amendment of any informality or error in the order or warrant issued in respect of any person sentenced to imprisonment under the proposed legislationclause 150—this clause seeks to provide for the power of central government, director-general and an officer not below the rank of deputy inspector-general to pardon, mitigate, commute and grant parole to any person subject to the proposed legislation convicted by an assam rifles courtclause 151—this clause seeks to provide for cancellation of conditional pardon, parole and remission in certain casesclause 152—this clause seeks to confer power on central government, director-general or any officer empowered to convene a general assam rifles court to suspend the sentence of imprisonment awarded by an assam rifles courtclause 153—this clause seeks to provide for orders by competent authority in the case of a sentence mentioned in clause 152, until orders suspending the sentence is madeclause 154—this clause seeks to provide for release of an offender when a sentence is suspended under clause 152clause 155—this clause seeks to provide that the period of sentence spent under suspension shall be reckoned as part of term of such sentenceclause 156—this clause seeks to provide that authority specified under clause 152may order that the offender shall undergo the un-expired portion of sentence or remit the sentenceclause 157—this clause seeks to provide for reconsideration of orders of suspension of sentence in intervals of not more than four monthsclause 158—this clause seeks to provide that an offender, whose sentence is suspended under the proposed legislation, is sentenced for any other offence, then, the two offences shall run concurrentlyclause 159—this clause seeks to provide that the powers under clauses 152 and 156shall be in addition to power of mitigation, remission and commutationclause 160—this clause seeks to provide for the effect of suspension and remission on the punishment of dismissalclause 161—this clause seeks to provide for disposal of the private or regimental property of any person subject to the proposed legislation who dies or deserts or is ascertained to be of unsound mind or while on active duty is reported to be missingclause 162—this clause seeks to empower central government to confer on members of the force, the powers exercisable by other government officers under central acts in regard to the prevention of any offence against such acts or the apprehending of any person who has committed any such offence in the case of central acts expressly mentioned in the clause, the powers can be conferred in respect of all offences because such offences are primarily of a trans-frontier nature in the case of other central acts, the powers can be conferred only in respect of cognizable offences further, this clause seeks to empower the central government to confer upon members of the force powers exercisable under state acts, by police officers holding corresponding ranks and makes it clear that such powers may be conferred on with the concurrence of the state government concernedclause 163—this clause seeks to provide protection for acts of the members of the force who exercise or discharge any power or duty under sub-clauses (1) and (2) of clause 162 of the proposed legislationclause 164—this clause seeks to confer powers on central government to issue any order published in the official gazette to make such provisions not inconsistent with the provisions of the proposed legislation as may appear necessary for removing any difficultyclause 165—this clause seeks to provide for the power of the central government to make rules for the purpose of carrying into effect the provisions of the proposed legislationclause 166—this clause seeks to provide for the power of the central government to make regulations for the purpose of carrying into effect the provisions of the proposed legislationclause 167—this clause seeks to provide that the rules and regulations made under the proposed legislation shall be laid before each house of parliamentclause 168—this clause seeks to provide for the repeal of the assam rifles act, 1941and saving of all acts, appointment and enrolment done under the repealed act financial memorandumclause 2(1)(d) read with clause 105 of the bill empowers the central government to appoint chief law officer and law officer to attend the general assam rifles court and petty assam rifles court, respectively2 clause 4 of the bill provides for constitution of an armed force of the union called the assam rifles for ensuring security of the borders of india, to carry out counter insurgency operations in the specified areas and to act in aid of civil authorities for the maintenance of law and order and the matters connected therewith3 clause 5 of the bill empowers the central government to appoint an officer as director-general of the force on whom the command and supervision of the force shall be vested and other officers to assist the director-general4 clause 6 of the bill provides for enrolment of persons to the force 5 clause 85 of the bill empowers the director-general or any prescribed officer to appoint persons as force police for discharging the functions specified in sub-clauses (2)and (3) of the said clause6 the assam rifles was constituted in 1835 as cachar levy and was employed on frontier watch and ward duty to assist the civil administration in the maintenance of law and order in the tribal areas of the erstwhile composite state of assam particularly in lushai hills, mikir hills, naga hills, khasi, jaintia and garo hills and also in the erstwhile north- east frontier agency (now arunachal pradesh) will be deemed to have been constituted under the proposed legislation (vide clause 168) all expenses incurred concerning the administration of the force would be met from the consolidated fund of india as the force has already been constituted, no additional expenditure of a non-recurring nature is likely to be involved when the bill is enacted and brought into force the recurring expenditure on the administration of the force during 2005-06, was of the order of rs 112453 crores memorandum regarding delegated legislationclause 165 of the bill empowers the central government to make rules to carry out the provisions of the bill sub-clause (2) of this clause enumerates the matters with respect to which rules may be made under the said clause these matters relate to, inter alia, the manner of reconstitution of the force and the conditions of service of the members of the force under sub-section (2) of section 4; the mode of enrolment and the procedure for enrolment under sub-section (1) of section 6; the authority whose previous permission in writing is required for resigning from appointment or withdrawing from all or any of the duties under section 8; rank or ranks of an officer or a subordinate officer referred to under sub-section (2) of section 11; the authority who shall give previous sanction in writing under sub-section (1) of section 13; nature of communication or publication under clause (c) of sub-section (1) of section 13; other purposes of meeting or demonstration under subsection (2) of section 13; form of enrolment under section 31; any other purpose under clause (h) of sub-section (1) of section 57; the officer who may direct that an enrolled person who has been sentenced to dismissal or imprisonment whether combined with dismissal or not may be retained to serve in the ranks under section 60; the manner of proceedings against a person and the extent of awarding punishment under section 62; the manner of proceeding against an officer below the rank of a deputy commandant and of the rank of subordinate officer and of a rank of a warrant officer under sub-section (1) of section 64; the manner of forwarding certified true copies of the proceedings and the superior authority to whom such copies shall be forwarded under sub-section (2) of section 64; the manner of proceeding against an officer below the rank of commandant and of any rank of subordinate officer and of a rank of warrant officer under sub-section (1) of section 65; the manner of proceeding against any subordinate officer or a warrant officer under section 66; the officer by whose order any sum is required to be paid, for the maintenance of the wife or legitimate or illegitimate child of a person subject to this act other than an officer, under clause (i) of section 69; the officer who may direct that the whole or any part of the pay and allowances of person subject to this act shall be withheld under section 71; the manner and the extent of remission of deductions from pay and allowances authorised by this act and the authority by which such remission shall be made under section 75; the authorities by whom proper provision to be made out of the pay and allowances of all persons subject to this act, being prisoners of war, for the dependants of such person under section 76; the authorities who shall make proper provision out of the pay and allowances of any person subject to this act, who is prisoner of war or is missing under section 77; the manner in which and the period for which any person subject to this act may be taken into and detained in force custody under sub-section (4) of section 80; the manner of making special report giving reasons for delay under section 81; the authority to appoint, and the manner of appointment of, a court of inquiry; the manner of administering oath or affirmation by such court of inquiry and the manner of making record under sub-section (1) of section 84; the officer who may appoint force police under sub-section (1) of section 85; the other officer having the discretion to decide before which court the proceeding shall be instituted under section 102; the manner of filling up the vacancy of member by another officer under sub-section (3) of section 106; the manner of administering oath or affirmation to every member of an assam rifles court and to the law officer, or, as the case may be, the officer approved under section 105 before the commencement of the trial, under sub-section (1) of section 107; the officer by whom the letter, return or other documents purported to be signed shall be the evidence of the facts stated in such letter, return or other documents under sub- section (1) of section 118; the other matters to be further inquired and recorded under sub-section (1) of section 120; the other matters to be recorded under subsection (3) of section 120; the manner of keeping in custody of the accused person under sub-section (4) of section 121; the officer who may take steps to have certain persons tried under section 122; the authority for issuing certificate in case of detention in any other place under clause (b) of section 122; the officer to whom the proceedings of every summary assam rifles courts shall be forwarded under section 137; the officer superior in command, to the one who confirmed the findings or sentence referred to in sub-section (2) of section 139, to whom petition may be presented under that sub-section; the officer who may annul the proceeding of any assam rifles court under section 140; the other officer who shall direct that sentence shall be carried out by confinement in a civil prison under sub-section (1) of section 143; the officer who shall forward a warrant and the form of such warrant under sub-section (2) of section 143; the officer who may from time to time appoint the place for confinement under sub-section (4) of section 143; the other person by whom the warrant shall be forwarded to the officer in charge of the prison under section 147; the officer who may pardon or exercise other powers as specified under clauses (a) to (c) of section 150 and any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules under clause (39) of sub-section (2) of section 1652 clause 166 empowers the director-general to make regulations for all or any of the purposes of the proposed legislation other than those specified in clause 165, subject to the approval of the central government3 the rules and regulations made by the central government shall be laid, as soon as may be after they are made, before each house of parliament4 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 consolidate and amend the law relating to the governance of the assam rifles, an armedforce of the union for ensuring the security of the borders of india, to carry out counter insurgency operations in the specified areas and to act in aid of civil authorities for the maintenance of the law and order and for matters connected therewith————(shri shivraj vishwanath patil, minister of home affairs)mgipmrnd—6578rs—18032006 | Parliament_bills | ca6a4342-60b8-590f-98b5-a6abc7d20722 |
bill no 21 of 2016 the academy of scientific and innovative research (amendment) bill, 2016 byshri p karunakaran, mpa billto amend the academy of scientific and innovative research act, 2011be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title, and commencement13 of 20122 in the academy of scientific and innovative research act, 2011, after section 38, the following section shall be inserted, namely:—insertion of new section39"39 (1) every statute or ordinance made under this act shall be published in the official gazette5statute and ordinance to be published in the official gazette and to be laid before parliament10(2) every statute or ordinance 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 statute or ordinance or both houses agree that the statute or ordinance should not be made, the statute or ordinance shall thereafter have effect only in such modified form or be 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 statute or ordinance" statement of objects and reasonsthe academy of scientific and innovative research was established under the academy of scientific and innovative research act, 2011 to provide for research in areas which are not ordinarily taught in regular academic universities in india by disseminating advanced knowledge in science and technology, and by providing teaching and research facilities in frontline branches of learning in emerging areas however, to make the statues and ordinances available and accessible to public, it is necessary that the statutes and ordinances are published in gazette of india and laid before both the houses of parliament consequently, enabling the scrutiny by the public representatives in order out any shortcomings or lacunaethe bill, therefore, seeks to amend the academy of scientific and innovative research act, 2011 with a view to include the provisions pertaining to publishing the statutes and ordinances in the gazette of india as well as laying them before both the houses of parliamenthence this billnew delhi;p karunakaranfebruary 8, 2016———— a billto amend the academy of scientific and innovative research act, 2011————(shri p karunakaran, mp)gmgipmrnd—4230ls(s3)—24022016 | Parliament_bills | 1dfc4164-81a5-59a0-93c7-93b305d8cd27 |
bi11 no '0 or i"s the kerala appropriation (no3) bill, 1965 a billto provide for the authorisation of appropriation of moneys out of the ccmsotidated fund of the state of kerala to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1962, in excess of the amounts granted for those services and for that· year be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 this act may be called the kerala appropriation (no3) act, short title, 1965 s ! from and out of the consoudated fund of the state of kerala, issue of the sums specified in column 3 of the schedule amounting in the ri aggregate to the sum of one crore forty laths twenty-two thousand, 1,40,22,211 two hundred and eleven rupees shall be deemed to have been autho-rised to be paid and applied to meet the amount spent for defray ing the charges in respect of the services specifted in column ·2 of the schedule during the financial year ended on the 31st day of march, 1962, in excess of the amounts granted for those services and s for that year out of the consolidated fund of the state of kerala tomeet certain excess expenditure for the year ended on the 31st march, 1962 appro-3 the sums deemed to have been authorised to be paid and priation applied from and out·o~ 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 10 to the financial year ended on the 31st day of march, 1962 , ' --~-----------| 1 | 2 ||-------------------------|-----------------------|| 3 | || excess | no || of | || ote | charpd || total | || portion | || services | and || voted | || portion | || rs | rs || ri | || i | ii || 81 | || 87 | || excise | || | || | || | || | || x | || 10 | || i | || 1,27,752 | || heads | || of | states, || headquarters staff | || · | || 127752 | || , | || , | || iii | || x | || administration | of || · | || | || 58,539 | || x | || v | || 31,84,725 | || xxiii | || police | || | || | || · | || public health engmeermg | || 3 | || 1 | || ,84,725 | || is | || xxxiii | || 9,03,946 | || community | development projects, || national | extension || local development works | and || extension | centres || 9,03,946 | || civil works | || 22,87,277 | || xxxiv | 22,87,277 || 20 | xxxvi || 4,~99 | || 4,299 | || pensions | || | || xli | || 4,759 | || capital outlay | on || £4,759 | || xlii | 6504 || 1 | || ,640 | || capital outlay | on || 65,41 | || ,64 | || 0 | || 1,37,319 | || xliii | || capital outlay | || on | public health || (1,37,319 | || xlvii | || capital outlay | on || 4,98,373 | || 4,98,373 | || 20,442 | || 25 | l || commuted | value || (,20,442 | || 4,386 | || 1040,22,211 | || total | || 1,40,11, | 82 || 5 | || -----_ | || '--' | | statement of objects and reasonsthis bill is introduced in pursuance of articles 204(1) and 205 of the constitution of india read with the proclamation issued by the president on the 24th march, 1965, to provide for the appropriation out of the consolidated fund of the state of kerala of the moneys r~quired to meet the expenditure of the government of kerala incurred in excess of the appropriations charged on the fund and the grants made by the state legislature for the financial year ended on the 31st day of march, 1962 t t krishnamachari president's recommendation under article 207 of the constitution of india[copy of letter no f 3 (33) -bj65 dated the 23rd august 1965 from shri t t krishnamachari, minister of finance to the secretary, lok sabha] by virtue of the proclamation dated the 24th march, 1965, issued under article 356 of the constitution, the president having been informed of the subject m~tter 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 during the financial year ended on the 31st day of march, 1962, in excess of the amounts granted for the said services and for that year by the state legislature, recommends under clauses (1) and (3) of article 207 of the constitution read with sub-clause (2) ot article 205 thereof, the introduction of the appropriation (no3) bill 1965, in the lok sabha and also recommends to the lok sabha the consideration of the bill consideration of the bill - i a bill to provide for the uuthaisnt;on rf tlpprorriatirn of moneys out of the consolidated fund tf the stntc of kerllla to meet the amounts spent on c(;rtain services during the financial year ended on the 31,;t day of lvlarch, 1962, in excess of the amounts granted for those services and for that year (shri t t krishnamachan', minister of finance) | Parliament_bills | 88091f63-e29e-5f5f-886f-e5f1a7f03fa7 |
bill no 277 of 2017 the payment of agricultural inputs grants bill, 2017 byshri vinod kumar boianapalli, mp a billto provide for payment of non-returnable grants to the farmers for meeting the input costs in agriculture with a view to promote increased agricultural output and decreased farmer credit 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 payment of agricultural inputs grants act, 2017short title, extent and commencement(2) it extends to the whole of indiaapplication of the act2 it shall apply to each and every farmer engaged in agricultural activities in thecountry but shall not apply to persons engaged in dairy, piscine, horticultural and any other non-commercial practices which do not require the use of common agricultural inputs like fertilizers, machinery, labour or land to yield commercial outputdefinitions53 in this act, unless the context otherwise requires,—(a) "agricultural inputs" includes soil, fertiliser, machinery, tools and otherequipments and substances used in the process of agriculture by the farmers to produce a favourable yield;10(b) "grant" means a non-returnable payment made by the central governmentand the state government to the farmer directly for the purpose of meeting the cost of agricultural inputs; and(c) "prescribed" means prescribed by rules made under this actpayment of grants to farmers154 (1) the central government and the state government concerned, shall ensurepayment of grant to each and every farmer to whom this act applies for the purpose of meeting the cost of agricultural inputs(2) the grants under sub-section (1) shall be shared by the central government andthe state government concerned in equal ratio20(3) the grants shall be determined each year in advance by including it in the annual financial statement after taking into consideration the forseeable factors like monsoon, drought, floods and crop diseases which affect agricultural output(4) the amount of grant to be paid to a farmer shall be determined on the basis of his land holding(5) the grants shall be paid twice in a year, one before the rabi season crop is sown and second before the kharif crop is sown25(6) the grants shall be credited to the bank account or krishi account or such otheraccount of the farmer as may be prescribed:provided that every grant paid to a farmer shall be credited to an account which is linked with the aadhaar number of the farmer to ensure transparency and efficiency of payment30maintenance of record of land holdings of farmers in every district5 (1) for the purposes of making payment of grants under this act, the centralgovernment and the concerned state government shall maintain records of land holdings of the farmers in every district and where such records are not available, the central government and the state government concerned shall expeditiously carry out land surveys to find out the land holdings of farmers in such districts35(2) for the purpose of recording, maintaining and updating the data under sub-section (1), the central government and the state government concerned may take assistance of local village committees or such other bodies as may be prescribed(3) the data under sub-section (1) shall comprise land holding size, crops sown, common agricultural practices applied, annual yields and such other information as may be necessary to streamline application of this act40power to make rules6 (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 —45(a) the preparation and maintenance of records and other data pertaining to land holding;(b) the use of technology and other means to collect such data, (c) the nature of payments made, in the form of direct benefit transfers, in theform of credit to accounts, cash coupons, or other methods as it may deem fit,5(d) the minimum requirements to make eligible a farmer to receive benefits underthis act,(e) the amount to be paid as part of the benefits under this act to farmers eachyear, by way of notification in the official gazette10 15(3) 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 statement of objects and reasonsin the current fiscal year 2017-2018, the union government has allocated rupees seventy thousand crores solely for the purpose of subsidising fertilisers this excludes the sum of farm loan waivers that are given out by state governments that also run into tens of thousands of crores the plight of farmers in the country as well as the entire agricultural industry is bleak due to the high dependence on monsoons which are irregular and uncertain the cycle of handing out farm loan waivers arises every few years and fails to address the problem at its roots the practice of the government waiving farm loans also damages the credit outlook as well, since some farmers anticipate such waivers and intentionally choose not to pay off their debtsrather than these repetitive temporary fixes every few years, the government needs to pay heed to the needs of the farmers so that such situation of a farm loan waiver does not arise altogether farmers also remain at the mercy of local money-lenders who are not institutionalised and charge exorbitant rates of interests from farmers which are hard to repay despite a favourable yield subsequently, farmers take loans to pay off previous loans, thus resulting in a debt trap this can be done by channelling funds to the farmers to provide for their input costs providing input costs to farmers in the form of a grant can help to ensure that farmers do not fall victim to the vicious cycle of a debt trap the government can pay for the input costs of the farmers as grants credited directly to their accounts such amount can be paid as a biannual grant, one for the kharif season and one for the rabi season this grant if paid on a per acre basis limited by the maximum allowable land holding size as per existing applicable laws, it will not incur debt on his input costs in case the farmer is faced with adversities such as irregular monsoons, droughts, floods, etc the farmer will not have any burden to repay any debts and will also save them from harassment at the hands of moneylendersfor the purpose of the payment of grants, comprehensive land survey data is requiredin areas where such data is unavailable, steps should be taken to update such data using latest techniques to ensure accurate logging of land data local level village committees may be engaged for collecting data such as land holding size, crops grown, average costs, etc to help streamline the process of calculating amounts to be given to each farmer in different villages the grants are also required to be credited directly to the aadhaar-linked bank accounts of the farmers twice a year linking to aadhaar will ensure transparency, timely payments and prevent double payment to farmers cultivating the same piece of landas per the agriculture census, 2010-11, the average size of operational holding has declined to 115 ha in 2010-11 as compared to 123 ha in 2005-06 the small and marginal holdings taken together (below 200 ha) constituted 8501 per cent in 2010-11 against 8329 per cent in 2005-06 this shows the increasing burden being faced by majority of the farmers due to decreasing land holding size and increasing input costs such circumstances make agriculture unsustainable since farmers are not able to repay loans that they had taken to procure fertilisers, machinery, tools and other such input costshence this billnew delhi;vinod kumar boianapallinovember 27, 2017 financial memorandumclause 4 of the bill provides for grants to be paid by the central government and the state government concerned in equal ratio to every farmer in the country it also provides that the grants shall be determined each year in advance by including it in the annual financial statement after taking into account the factors like monsoon, drought, floods, crop diseases, etc and paid directly to the farmers twice in a year before the rabi and kharif crops season clause 5 provides for maintenance of records of land holdings of farmers in every district the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india the estimate of funds to be drawn from the consolidated fund of india will be determinable only after the amount of grant payable is decided by the central and state governments, respectively however, if an amount of four thousand rupees is determined as the grant payable to a farmer each year, a sum of rupees forty thousand crore would involve as a recurring expenditure per annum from the conslodiated fund of indiano non-recurring expenditure is 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, therefore, of a normal character———— a billto provide for payment of non-returnable grants to the farmers for meeting the input costs in agriculture with a view to promote increased agricultural output and decreased farmer credit and for matters connected therewith————(shri vinod kumar boianapalli, mp)gmgipmrnd—2822ls(s3)—22122017 | Parliament_bills | cb0e4c18-ba36-5a6d-803e-0073aec7a55c |
the haj committee bill, 2000 a billto establish a haj committee of india and state haj committees for making arrangements for the pilgrimage of muslims for haj, and for matters connected therewith bg it enacted by parliament in the fifty-first year of the republic of india as follows:— chapter i preliminary 1 (1) this act may be called the haj committee act, 2000 short title and commencement (2) it shall come into force on such date or dates as the central government may, by notification, appoint, and different dates may be appointed for different provisions of this act and for different states 2 in this act, unless the context otherwise requires,— definitions(a) "'bye-laws" means bye-laws made under section 45; (b) "chief executive officer or the executive officer" means the chief executive officer of the committee or the executive officer of the state committee appointed under sub-section (/) of section 16 or sub-section (/) of section 29, as the case may be; (c) "committee" means the haj committee of india constituted under section 3; (d) "member" means amember of the haj committee of india nominated under section 4 or of a state haj committee nominated under section 18, as the case may be, and includes the chairperson and a vice-chairperson; - - (e) "notification" means a notification published in the official gazetté of india or the official gazette of a state, as the case may be; (f) "pilgrim" means a muslim proceeding to, or returning from, haj: (g) "prescribed" means prescribed by rules made under section 44 by the central government or, as the case may be, under section 47 by the state government: (h) "state committee" means a state haj committee constituted under section 18 and includes a joint state committee; (} "state government", in relation toa union territory, means the administrator of that union territory appointed by the president under article 239 of the constitution chapter i hay commirree or india3 (2) with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be constituted a committee by the name of the haj committee of india constitation and incorporation of the haj committee of india (2) the committee 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 movable and immovable, to create a charitable trust or endowment, and to contract and shall by the said name sue and be sued, (3) the committee shall have its headquarters at new delhi and the existing office sl of 1959of the 'haj committee" at mumbai constituted under the haj committee act, 1959 shall furiction as the regional office of the committee till such time as it may be considered necessary by the committee composition 4 the committee shall consist of the following members, namely:-— of committee (i) three members of parliament of whom two are to be nominated by the speaker of the house of the people from among its muslim members, and one by the chairman of the council of states from among its muslim: members: provided that a member of parliament shall, upon ceasing to be a member, cease to be a member of the committee and the speaker of the house of the people or the chairman of the council of states, as the case may be, shall make a fresh nomination upon request by the central government (ii) six muslim members of the committee shall be elected, one from each zone as specified in the schedule, in such manner as may be prescribed (iii) four persons not below the rank of joint secretary to the government of india nominated by that government to represent the ministries of external affairs, home, finance and civil aviation, as, ex officio members; (iv) six muslim members shall be nominated by the central government from among the following categories of persons, namely:— (a) two members who have special knowledge of public administration, finance, education, culture or social work and out of whom one shall be a shia muslim; (b) a woman member; (c) three members who have special knowledge of muslim theology and law, out of them one shall be a shia muslim 5 as soon as may be after the nomination of the members of the committee under notification of members section 4, the central government shall publish in the official gazette the names of all such members term of office 6 (/) the term of office of the members of the committee (other than the ex officio members and members filling casual vacancies) shall be not less than three years, commencing on the day following the publication of the list of members under section 5: provided that the term of the members of the committee may be extended by the central government by a notification in the official gazette for a period not exceeding six months at a time but, in any case, not exceeding beyond a total period of one year (2) the allowances payable to, and the other terms and conditions of the chairperson, vice-chairpersons and members shall be such as may be prescribed 7 (1) after the publication of the names of members of the committee under section 5, chairperson and vice- chairpersons the central government shall convene the first meeting of the committee at which the committee shall elect a chairperson and two vice-chairpersons from amongst its members (2) if the committee fails to elect a chairperson or vice-chairpersons the central government may appoint a member of the committee to be the chairperson thereof or vice-chairpersons, as the case may be (3) the chairperson shall exercise such powers and discharge such duties as may be prescribed (4) the vice-chairpersons shall exercise such powers and discharge such duties as may be determined by bye-laws made 1n this behalf by the committee (5) the,@lection of the chairperson and the vice-chairpersons shall be notified by the central government in the official gazette (6) the term of office of the chairperson and the vice-chairpersons, as the case may be, shall be for a period of three years and no person shall hold office of the chairperson or of the vice-chairperson, as the case may be, for more than two consecutive terms (7) any casual vacancy in the office of the chairperson or a vice-chairperson shall be filled in accordance with sub-section (/) or sub-section (2), as the case may be reconstitution 8 (1) the central government shall take or cause to be taken all necessary steps for of committee the reconstitution of a new committee at least four months before the expiry of the term, or the extended term, as the case may be, of the committee (2) an outgoing member shall be eligible for renomination on the committee for not more than two terms: provided that not more than fifty per cent of the members may be re-nominated for a second term in such manner as may be prescribed 9 (1) the duties of the committee shall be— duties of committee(i) to collect and disseminate information useful to pilgrims, and to arrange orientation and training programmes for pilgrims; (ii) to advise and assist pilgrims during their stay at the embarkation points in india, while proceeding to or returning from pilgrimage, in all matters including vaccination, inoculation, medical inspection, issue of pilgrim passes and foreign exchange, and to liaise with the local authorities concemed in such matters; (iii) to give relief to indigent pilgrims; (iv) to finalise the annual haj plan with the approval of the central government, and execute the plan, including the arrangements for travel by air or any other means, and to advise in matters relating to accommodations; (v) to approve the budget estimates of the committee and submit it to the central government at least three months before the beginning of the financial year for its concurrence; (vi) to negotiate and co-operate with railways, airways and travel agencies for the purpose of securing travelling facilities for pilgrims; (vit) to generally look after the welfare of the pilgrims; (viii) to publish such proceedings of the committee and such matters of interest to pilgrims as may be determined by bye-laws made in this behalf by the committee; (ix) to discharge such other duties in connection with haj as may be prescribed by the central government (2) the central government shall afford all reasonable assistance to the committee in the discharge of the duties specified in sub-section (/) meetings of committee 10 (j) the committee shall meet at least three times in a year before the commencement of the haj season to plan and make arrangements for haj and once after that to review all arrangements made by the committee (2) in addition to the meetings specified in sub-section (/), the committee may hold meetings as and when requisitioned by at least one-third of its members or when considered necessary by the chairperson (3) the number of members required to make a quorum at any meeting of the committee shall be one-third of its members (4) all matters shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the chairperson or other person presidig shall have a casting vote (5) the committee shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by bye-laws appointment 11 (1) the committee shall appoint three standing committees to deal with matters relating to finance, transport and pilgrims' welfare from amongst its members consisting of standing committees of not more than five members each, with such powers and functions as may be determined by bye-laws made in this behalf by the committee and subcommittees (2) the committee may also appoint other sub-committees for such purposes as it may think fit and any such sub-committee shall consist of such number of members and other persons as may be determined by bye-laws made in this behalf by the committee 12 a person shall be disqualified for being nominated, or for continuing as a member disqualificaof the committee, if he— tion for being appointed, or for continuing (1) is not acitizen of india; as a member (it) is not a muslim, except for ex officio members as provided in clause (iii) of of committee sub-section (/) of section 4; (iii) is less than twenty-five years of age; (iv) is of unsound mind and stands so declared by a competent court; (v) is an undischarged insolvent, (vi) has been convicted of an offence which, in the opinion of the central government, involves a moral turpitude;(vii) has been on a previous occasion— (a) removed from his office as a member; or (b) removed by an order of a competent authority either for not acting in the interest of the pilgrims or for corruption 13 the chairperson, the vice-chairperson or any other member may resign his office by writing under his hand addressed to the central government and it shall be effective from the date of such resignation | resignation | of ||----------------|----------|| chairperson, | || vice- | || chairperson | || and | members |14 (/) the central government may, by notification in the official gazette, remove removal of chairperson, the chairperson, a vice-chairperson of the committee or any member thereof, if he— vice- chairperson (2) is or becomes subject to any of the disqualifications specified in section 12; and members or (ii) refuses to act or is incapable of acting or acts in a manner which the central government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the committee or the interests of the pilgrims; or (iii) fails in the opinion of the committee, to attend three consecutive meetings of the committee, without sufficient excuse (2) where the chairperson or a vice-chairperson of the committee is removed under sub-section (/), he shall also cease to be a member of the committee filling of a casual vacancy 15 (1) when the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be nominated in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred (2) any casual vacancy under sub-section (/) shall be filled up by the same category to which the former member belonged chief execative officer and 16 (1) the central government shall appoint a person, from a panel of muslim officers of the central government and of the state governments not below the rank of deputy secretary to the government of india, to be the chief executive officer of the committee on such terms and conditions as may be prescribed other employees (2) the chief executive officer shall be the ex officio secretary of the committee (3) the chief executive officer shall be appointed for a period of three years, which may be extended by a maximum period of one year by the central government (4) the chief executive officer shall execute the decisions of the committee and perform such other functions as may be prescribed (5) the chief executive officer shall be responsible to the central government and shall be under its administrative control (6) the committee may, with the previous sanction of the central government, employ such other officers and employees as it deems necessary to carry out the purposes of this act, on such terms and conditions as may be prescribed chapter iii state hay committeesestablishment 17 (1) with effect from such date as the central government may, by notification and incorporation in the official gazette, appoint in this behalf, the government of a state shall constitute a committee by the name of the [name of the state] haj committee: of state haj committeeprovided that in case it appears to the central government for any reasons that it is not necessary for a state or union territory to establish a haj committee, it may authorise the state haj committee of a contiguous state to deal with those pilgrims and suggest suitable representation of those states and union territories (2) notwithstanding anything contained in this act, an agreement may be entered into— (a) by two or more governments of contiguous states, or (b) by the central government (in respect of one or more union territories) and one or more governments of states contiguous to such union territory or union territories, to be in force for such period and to be subject to renewal for such further period, if'any, as may be specified in the agreement to provide for the constitution of a joint state committee,— , (i) in a case referred to in clause (a), for all the participating states, and (ii) in a case referred to in clause (0), for the participating union territory or union territories and the state or states (3) an agreement under this section shall be published, in a case referred to in clause (a) of sub-section (2), in the official gazette of the participating states and in a case referred to in clause (b) of that sub-section, in the official gazette of the participating union territory or union territories and participating state or states (4) any reference in this act to the state committee shall, unless the context otherwise requires, be construed as including a joint state committee composition of 18 (/) a state committee shall consist of thirteen members, to be nominated by the state government, namely:—- (i) three members from the muslim members of—- (a) parliament representing the state; (b) state legislative assembly; and (c) legislative council, where it exists; (it) three members from muslim members representing local bodies in the state; (iii) three members having expertise in muslim theology and law including one who shall be a shia muslim; (iv) two members representing muslim voluntary organisations working in the fields of public administration, finance, education, culture or social work; (v) the chairperson of the state wakf board; and (vi) executive officer of the state committee, who shall be the ex officio member of the state committee: provided that a committee for any union territory or a joint state committee shall consist of such number of members as may be prescribed (2) in case where there is no muslim member in any of the categories mentioned in clauses (i) and (ii) of sub-section (/), or where there is no legislative council in a state, nomination may be made in such manner as may be prescribed notification of members 19 as soon as may be after the nomination of the members of a state committee under sub-section (/) of section 18, the state government shall publish in the official gazette of that state the names of all such members20 (/) the term of office of the members of the state committee (other than the ex term of office officio members and members filling casual vacancies) shall be not less than three years, commencing on the day following the publication of the list of members under section 19 (2) the allowances payable to, and the other terms and conditions of the chairperson and members shall be such as may be prescribed 21 (j) after the publication of the names of members of the state committee under chairperson, section 19, the state government shall convene the first meeting of the state committee at which the state committee shall elect a chairperson from amongst its members (2) if the state committee fails to elect a chairperson, the state government may appoint a member of the state committee to be the chairperson thereof (3) the election of the chairperson shall be notified by the state government in the official gazette of the state (4) the term of office of the chairperson shall be three years and no person shall hold oftice of the chairperson for more than two consecutive terms (5) any casual vacancy in the office of the chairperson shall be filled in accordance with sub-section (7) or sub-section (2), as the case may be reconstitution 22 (1) the state government shal] take or cause to be taken all necessary steps for | of ||-----------|| committee |the reconstitution of a new state committee at least four months before the expiry of the term of the state committee (2) an outgoing members shall be eligible for re-nomination of the state committee for not more than two terms: provided that fifty per cent of the nominees may be renominated for a second term in such manner as may be prescribed disqualification 23 a person shall be disqualified for being nominated, or for continuing as a member of the state committee, if he— | for | being ||------------|------------|| appointed, | or || for | continuing |(i) is not a citizen of india; | as | a ||------------|------|| of | the || committee | |(ii) is not a muslim, except for an executive officer as provided in clause (vi) of sub-section (/) of section 18, (iii) is less than twenty-five years of age; (iv) is of unsound mind and stands so declared by a competent court; (v) is an undischarged insolvent; (vi) has been convicted of an offence which, in the opinion of the state government, involves a moral turpitude; (vii) has been on a previous occasion— (a) removed from his office as a member; or (b) removed by an order of a competent authority either for not acting in the interest of the pilgrims or for corruption | resignation | of ||----------------|----------|| chairperson | || and | members |24 the chairperson or any other member may resign his office by writing under his hand addressed to the state government and it shall be effective from the date of such resignation 25 (1) the state government may, by notification in the official gazette, remove | removal ||-------------|| chairperson |the chairperson of the state committee or any member thereof, if he— and members(i) is or becomes subject to any of the disqualifications specified in section 23; or (ii) refuses to act or is incapable of acting or acts in a manner which the state government, after hearing any explanation that he may offer, considets to be prejudicial to the interests of the state committee or the interests of the pilgrims; or (iii) fails in the opinion of the state committee, to attend thrce eonsecutive meetings of the state committee, without sufficient excuse (2) where the chairperson of the state committee is removed under sub-section (j), he shall also cease to be a member of the state committee filling up of a casual vacancy 26 (1) when the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be nominated in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred (2) any casual vacancy under sub-section (/) shall be filled up by the same category to which the former member belonged duties of 27 (1) it shall be the duty of a state committee to implement the policy and directions of the committee in the interests of haj pilgrims , state committee (2) the state committee shall provide assistance to the haj pilgrims including, in the matter of their transport between their home states and the point of exit from india and their transit accommodation at points of exit (3) the state committee shall discharge such other duties in connection with haj as may be prescribed by the state government concerned, in consultation with the central government meetings of 28 (1) a state committee shall meet at least twice in a year before the haj day and once after the haj is over state conunittee (2) the number of members required to make a quorum at any meeting of the state committee shall be one-third of its members (3) in addition to the number of meetings specified in sub-section (/), the state committee may hold meetings as and when requisitioned by at least one-third of its members or when considered necessary by the chairperson (4) ali matters shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the chairperson or other person presiding shall have a casting vote executive officer and 29 (1) the state government shall appoint a person, from amongst its officers not below the rank of under secretary, to be the executive officer of the state committee: provided that the person so appointed shall preferably be a muslim other employees of (2) the executive officer of the state committee shall act as its secretary state committee (3) the executive officer shall execute the decisions of the state committee and perform such other functions as may be prescribed (4) the state committee shail, with the previous sanction of the state government, employ such officers and other employees as it deems necessary to carry out the purposes of this act (5) the term of office and conditions of service of officers and other employees shall be such as may be prescribed chapter iv finance, accounts and auditcentral haj fuad 30 fhe committee shall have its own fund to be called the centra! haj fund, and there shall be placed to the credit thereof the following sums, namely:— (a) sums realised from any fees and service charges which may be levied by the committee:— (i) for registration of applications for haj; and(i) for issue of haj pilgrim travel passes; (6) money collected from pilgrims for performance of haj; (c) the income from all deposits and investment of the committee's funds; (d) the sums realised from the sale of the effects of deceased pilgrims and sums of money left by them, which are unclaimed and have lapsed to the government; (e) any sums loaned by the central or a state government, or any other source approved by that government; (f) any amount that may be legally due to the committee from any source; and (g) the amount standing at the commencement of this act to the credit of the haj 51 of $959 fund or the indigent pilgrims fund established under the haj committee act, 1959 application of central haj fund 31 the central haj fund shall, subject to the provisions of this act and the rules made thereunder, be under the control and management of the committee, and shall be applied to the following purposes, namely:— (a) pay and allowances of the chief executive officer and other employees of the committee; (b) payment of charges and expenses incidental to the objects specified in section 9; (c) any other expenses which are required to be met by the committee or a state committee, as approved by the central government 32 the state committee shall have its own fund to be called the state haj fund and state hay fund the following sums shall be placed to the credit thereof, namely:— (i) all sums of money paid to it or any grant made by the committee for the purposes of this act; (ii) any grant, or loan that may be made'to the state committee by the state government, or any other source for the purposes of this act as approved-by the state government; (iif) any amount that may be legally due to the state committee from any sources; and (iv) the moneys, if any, standing to the credit of a state haj committee, at the commencement of this act application of state hay fund 33 the state haj fund shall, subject to any rules that may be made under this act, be under the control and management of the state committee and shall be applied to the following purposes, namely:— (i) pay and allowances of the employees of the state committee other than its executive officer whose pay and allowances shall be borne by the state government, (ii) payment of charges and expenses incidental to the due performance of its duties by the state commitiee for the objects specified in section 27; and (iii) any other expenses, as approved by the state government which are required to be met by the state committee 34, (1) the committee and every state committee shall maintain proper accounts accounts and auditand other relevant records and prepare an annual statement of accounts, in such form as _ may be prescribed by the central government, or, as the case may be, the state government (2) the accounts shall be examined and audited annually by 'such auditors as the central government or, as the case may be, the state government may approve (3) the accounts of the committee or the state committee as certified by the auditor together with the audit report thereon shall be forwarded annually by the said committee to the central government or, as the case may be, the state government (4) the central government shali, as scon as may be after the receipt of the audit report under sub-section (3), cause the same to be laid before both houses of parliament (5) the state government shall, as soon as may be, after the receipt of the audit report unde: sub-section (3), cause the same to be laid before the state legislature chapter v miscellaneous,| powers | of ||-----------|---------|| committee | to || issue | pilgrim || passes | and || 15 | of |35 (/) the committee, shall have the power to issue a travel document called "pilgrim pass" to a haj pilgrims for his departure from india as a bona fide pilgrim to saudi arabia and the said pilgrim shall be deemed to be exempted from the provisions of section 3 of the passport act, 1967 fees 15 of 1967,(2) notwithstanding anything containcd in the passports act, 1967, the central government may, in consultation with the committee, levy such fees for registration of a haj pilgrim, issuahce of pilgrim pass by the commnittee and other related matters, as may be prescribed in connection with rendering of such services - supersession of committee 36 (/) if, in the opinion of the central government, the committee is unable to perform, or persistently makes default in the performance of the duties imposed on it by or under this act or exceeds or abuses its powers, the central government may by an order published, together with a statement of the reasons therefor, in the official gazette, supersede it for such period as may be specified in the order: provided that before making an order of supersession as aforesaid, the centra} government shall give a reasonable opportunity to the committee to show cause why it should not be superseded (2) when the committee is superseded by an order under sub-section (1),— (a) all members shall, on such date as may be specified in the order, vacate their offices as stich members without prejudice to their eligibility for nomination under clause (d); (b) during the period of supersession of the committee, all powers and duties conferred and imposed upon the committee by or under this act shall be exercised and performed by such officer or authority as the central government may appoint in that behaif; (c) all property vested in the committee shall, until it is reconstituted, vest in the central government; (d) before the expiry of the period of supersession, nominations shall be made by the central government for the purpose of reconstituting the committee (3) an order of supersession made under this section together with a statement of the reasons therefor shall be laid before each house of parliament as soon as may be after it has been made (4) a state government may exercise the same powers and duties in respect of a state committee as mentioned in sub-sections (/), (2) and (3) of this section subject to the conditions mentioned therein and any directions issued by the central government in this regard membership 37 notwithstanding anything contained in any other law for the time being in force, of committee the office of a member of the committee or state committee shall not be deemed to be an office of profit or state committee not to constitute office of profit vacancies, etc, not to 38 no act or proceeding of the committee or of a state committee or of a joint state committee, as the case may be, shall be invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof invalidate proceedings of committee 39 the officers and employees of the committees and other persons duly appointed 45 of 18605" to discharge any duty under this act or rules or bye-laws made thereunder, shall be deemed | officers | and ||-------------|--------|| employees | of || committee | to |to be public servants within the meaning of section 21 of the indian penal code | be ||-----------|| servants || idemnity |40 no suit, prosecution or other legal proceeding shall lie against the chairperson, vice-chairpersons or any member of the committee or a state committee in respect of anything in good faith done or purporting to have been done under this act, except with the prior permission of the central or state government, as the case may be 41 (/) if the central government is satisfied that it is necessary or expedient so to do, it may by notification published in the official gazette, amend the schedule and thereupon | power ||-----------|| amend || schedule |ihe schedule shall be deemed to have been amended accordingly (2) a copy of every notification made under sub-scction (/) shall be laid before each house of parliament as soon ag may be after it is made 42, any haj pilgrim, who is aggrieved by the discharge of any of the duties performed redressal of grievances by the haj committee or the state haj committee, shall make a representation for the redressal of his griévance to the haj committee or the state haj committee, as the case may be, and the same shall be disposed of by the said committee, if necessary, after hearing the aggrieved person 43 (/) on and from the commencement of this act, all assets, rights, leasehoids, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, | vesting | of ||------------|---------|| properties | and || other | rights, |stores, cash balances, cash on hand, reserve funds, investments and all other rights and interests | etc, ||-------------|| committees |in or arising out of such properties as were immediately before such commencement in the ownership, power or control of haj committee, mumbai, constituted under the haj committee 51 of 1959 act, 1959 and all books of account, registers and all other documents of whatever nature relating thereto shall vest absolutely in and belong to the committee (2) on and from the commencement of this act, all assets, rights, leaseholds, powers, authorities and privileges and ail properties, movable and immovable, including lands, buildings, stores, cash balances, cash on hand, reserve funds, investments and all other rights and interests in or arising out of such properties as were immediately before such commencement in the ownership, power or control of haj committee of a state and, all books of account, registers and all other documents of whatever nature relating thereto shall vest absolutely in and belong to the haj committee of a state (3) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the committee or a state committee immediately before such commencement for or in connection with the purposes of the committee or a state committee shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the committee or a state committee, as the case may be (4) all sums of money due to the committee or a state committee immediately before such commencement shall be deemed to be due to the committee or a state committee, as the case may be (5) all contracts made with and all instruments executed on behalf of the haj committee, mumbai or the haj committee of a state shall be deemed to have been made or executed on behalf of the committee, or as the case may be, the state committee and shail be performed accordingly (6) in all suits and legal proceedings pending on the commencement of this act in or to which the haj committee, mumbai or the haj committee of a state was a party, the committee, or as the case may be, the state committee shall be deemed to have been substituted therefor 44, (1) the central government may, by notification, make rules to carry out the purposes of this act (2) in particular, and without prejudice to the generality of the foregoing power, under sub-section (/), such rules may provide for all or any of the following matters, namely: - (i) the manner of election of members of the committee, under clause (it) of section 4; (ij) the terms and conditions of the chairperson, vice-chairpersons and members under sub-section (2) of section 6; (iii) the powers and duties of the chairperson under sub-section (3) of section 7; (iv) the manner in which the members may be re-gominated under the proviso to sub-section (2) of section 8; (v) duties in connection with haj under clause (ix) of sub-section (-/) of section 9; (vi) the functions of the chief executive officer and the terms and conditions of service of the chief executive officer and other employees of the committee under section 16; (vii) the number of members of a joint state committee or of a committee for union territory under the proviso to clause (vi) of sub-section (7) of section 18; (viii) the manner in which the accounts shall be maintained by the committee and the state committees and the audit of such accounts under section 34; (ix) issue of haj pilgrim pass under sub-section (/) of section 35; (x) amendment of the schedule relating to the zones comprising contiguous states or union territories under section 41; (xi) any other matter which may be prescribed (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 or more successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the tule 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 power to rritke byelaws 45 (1) the committee may, by notification, make bye-laws consistent with the provisions of the act and the rules made thereunder in respect of the following matters, namely :— (i) powers and duties of the vice-chairpersons under sub-section (4) of section 7; (ii) providing for the publication of the proceedings of the committee and any matter of interests to pilgrims under sub-section (/) of section 9; (iii) laying down the rules of procedure for transaction of business at meeting of the committee under sub-section (5) of section 10; i (iv) powers and functions of the standing committee and determination of number of metnbess and other persons in sub-committees under se¢tion 11; (v) providing for any other matter which the committee deems necessary for giving effect to the provisions of this act(2) bye-laws made by the committee under this seetion shaft be submitted to the central government and shall not take effect until they have been confirmed by the central government (3) bye-laws which have been confirmed by thecentral government shall be published in the official gazette power to delegate 46 subject to the provisions of this act and the rules made thereunder, the committee may, by general or special order in writing, with the prior approval of the central government, delegate to any member or chief executive officer of the committee, and subject to such conditions and limitations, as may be specified in the order, such of its powers under this act (except the powers to make bye-laws under section 45) as it may deem necessary | power | to | make ||-------------|-------|---------|| rules | by | state || government | | |47 the state governments may, in consultation with the central government, by notification make rules to carry out the purposes of this act in respect of the state committees (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:—~ (i) terms and conditions of the chairperson and members of the state committee under sub-section (2) of section 20; (ii) the manner in which the members may be re-nominated under the proviso to sub-section (2) of section 22; (iti) duties of the state committee under sub-section (3) of section 27; (iv) the functions of the executive officer and the terms and conditions of service of officers and other employees under section 29; (v) any other matter which is required to be or may be prescribed (3) every rule made under this section shall be laid, as soon as may be after it is made, before the state legislature | provisions | as ||---------------|-----------|| to | employees || of | the || committee | || before | the || com- | || mencement | of || this | act |48 every officer and other employee of any of the existing committee and the state committee, as the case may be, shall, on and from the commencement of this act, stand transferred to or become an officer or other employee of the committee or the state committee as the case may be, with such designation as such committee may determine and shall hold office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions of service es he would have held under the haj committee constituted under the haj committee act, 1959 and shall continue to do so as 51 of 1959 an officer or other employee of the committee till such time the terms and conditions are duly altered by such committee: provided that the tenure, remuneration and terms and conditions of service of any such officer or other employees of the committee or of a state committee, as the case may be, shall not be altered to his disadvantage without the previous sanction of the central government or state government, as the case may be: provided further that any service rendered by any such officer or other employee before the commencement of this act shall be deemed to be the service rendered under the committee or, as the case may be, the state committee protection of 49, no suit, prosecution or other legal proceedings shall lie against the government or any officer or other employee of the government or the committee constituted under action taken in good faith this act in respect of anything which is in good faith done or intended to be done under this act 50 (/) if any difficulty arises in giving effect to the provisions of this act, the central government may by order not inconsistent with the provisions of this act, remove power to remove difficultiesthe difficulty: provided that no such order shall be made after the expiry of a périod of two years from the commencement of this act (2) any order made under this section shall be laid, as soon as may be after it is made, before each house of parliament powers to give directions 51 the central government may, in exercise of its powers and performance of its functions under this act, issue directions in writing to the committee or the state government or the state committee and such committee, state government or state committee, as the case may be, shall be bound to comply with such directions repeal §2 (1) the haj committee act, 1959 is hereby repealed: 51 of 1959 (2) notwithstanding such repeal, the haj committee constituted under the said act shall, until the establishment of the committee under this act, continue to function as if this act had not been passed and on such notification under sub-section (2) of section 5 on the establishment of the committee, the former committee shall stand dissolved 51 of 1959(3) notwithstanding such repeal, anything done or any action taken under the haj committee act, 1959 shall be deemed to have been done or taken under the corresponding provisions of this act the schedule(see sections 4 and 41) zone-i national capital territory of delhi, rajasthan, jammu and kashmir, punjab, haryana, himachal pradesh and union territory of chandigarh zone-ii uttar pradesh, bihar, uttaranchal and jharkhand zone-iil andhra pradesh, madhya pradesh, chhattisgarh and orissa zone-iv assam, west bengal, tripura, manipur, sikkim, meghalaya, arunachal pradesh, mizoram, nagaland and union territory of andaman and nicobar islands zone-v maharashtra, gujarat, goa and union territories of daman and diu and dadra and nagar haveli zone- vi tamil nadu, kerala, karnataka and the union territories of pondicherry and lakshadweep statement of objects and reasonsthe haj committee act, 1959 (hereunder referred to as the act), replaced the port haj committee act, 1932 the central position given to bombay in the act, and the composition and the relatively limited powers of the haj committee, as established under the act, was primarily intended to regulate the selection of indian pilgrims, and their safe transportation, by ships, from bombay to jeddah the said act, thus established a central executive authority to regulate sea, and later air travel between indian points and jeddah in saudi arabia, the indian embassy in jeddah, which was replaced by the indian consulate general from 1984, continued to have full responsibility for all aspects of haj management the government of india, through the ministry of external affairs, were, in consequence responsible for all aspects of haj management in india and saudi arabia 2 uptill mid-1960's, all indian pilgrims going for haj travelled by sea from the port of bombay after that, the number of pilgrims travelling by air gradually increased until, in 1995, travel of pilgrims by sea was discontinued, and all haj pilgrims began to go by air on chartered flights during the year 1999, these flights embarked from five points in india, that is, mumbai, calcutta, delhi, chennai and bangalore; and efforts were made at that time to add other points as soon as additional facilities for handling international passengers become available thus, for the haj-2000, cochin and ahmedabad have also been added as embarkation points for haj pilgrims 3 uptill the year 1981, all intending pilgrims were required to send their applications to the haj committee, bombay: which selected the pilgrims by a draw of lots, also called "qurrah" subsequently, this selection was decentralised, and state haj committees were asked to conduct their respective "quarrah" they were also given greater participation in haj management in such areas as pré-embarkation arrangements, transportation to embarkation points and provision for camp facilities at such points thus, from the year 2000, the primary responsibility for training and orientation of pilgrims has also been entrusted to state haj committees 4 since the haj committce act, 1959 is more than forty years old, and since important changes in matters relating to haj, including those mentioned above, have made the act obsolete, it no longer serves current needs some additional and important developments in this regard are:— (i) the number of indian pilgrims who perform haj through the committee has increased from about 24,000 ifi the year 1992 to 72,000 in the year 2000 this has presented new management challenges to the haj committee (ii) the composition of the haj committee, as provided in the act is unrepresentative in nature it gives primary mportance to maharashtra, and specifically to mumbai in the areas of haj management; this is no longer tenable further, haj sailings were reduced to three in 1984, and were finally ended in 1995 now, the movement of all haj pilgrims is by air from different points in india (iii) over the last forty years, from time to time questions have been raised in different quarters regarding the respective powers and responsibilities of the central and state governments and of the haj committee again, over the last few years, complaints have been received by the central government regarding the mismanagement of its finances by the haj committee these developments have emphasised the importance of ensuring that the new legislation relating to haj should clearly define the authority of the central and state governments in the area of haj policy and management, as also provide for a reformed and representative haj committee, with an effective mechanism to ensure financial propriety, and above all, eliminate ambiguities relating to jurisdicational matters 5 the bill seeks to repeal and re-enact the haj committee act, 1959 so as to achieve the above objects new delhi; jaswant singh the, 29th november, 2000clause 1 contains short title and commencement of the bill clause 2 pertains to definitions of the term "committee", "state committee", "member", "pilgrim" etc, in the context of the bill clause 3 makes provision for constitution and incorporation of the haj committee of india which shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, to create a charitable trust or endowment and may by the said name sue and be sued like any other statutory body constituted under an act of parliament clause 4 provides for the composition of the committee which include nominated members from parliament, representatives from the state haj committees, officials from the central government and six muslim members having special knowledge of public administration, finance, education, culture, social work or muslim theology and nominated by the central government the committee shall have at least one woman as its member clause 5 provides that the nomination of members shall be notified in the offical gazette clause 6 deals with the term of office of the members of the committee which shall not be less than three years it may be extended by the central government by a notification for a period not exceeding six months at a time but in no case the term may be extended beyond a total period of one year clause 7 makes provision for the election of a chairperson and vice-chairpersons of the committee from amongst its members and in case the committee fails to elect the chairperson and vice-chairpersons, the central government may appoint a member of the committee to be chairperson or vice-chairperson it has been provided that the central government may make rules so as to provide for the powers and duties of the chairperson in case of vice-chairpersons the powers and duties shall be determined by bye-laws made by the committee itself it also makes provision for the term of their office as three years and makes it clear that they cannot hold the said office for more than two consecutive terms clause 8 contains provision for the reconstitution of the new committee atleast four months before the expiry of the term or the extended term of the existing committee this is being proposed to avoid any gap bet ween the new committee and the existing committee it is also proposed to restrict the renomination of the outgoing members to the committee for not more than two terms and in no case the number of members renominated under this clause shall exceed more than fifty per cent of the total membership of the committee clause 9 contains details of the duties of the committee which, inter alia, include— (i) collection and dissemination of information useful to pilgrims and arrangement of training programmes for them; (ii) assistance to pilgrims during their stay at the embarkation points in all matters including vaccination, inoculation, medical examination, issue of pilgrim passes and foreign exchange to them; (iii) giving relief to indigent pilgrims; (iv) finalisation of the annual haj plan and execution of the plan the committee 1s also entrusted with the duties of negotiating with the railways, airways, etc , so as to look after the welfare of the pilgrims it shall discharge such other duties in connection with hay as may be provided under the rules made by the central government the central government 1s also required to afford all reasonable assistance to the committee in discharge of its duties clause 10 contains provision for meetings of the committee and makes it mandatory that it shall meet at least three times in a year initially before the commencement of the hay seasorts and once after the haj 1s over so as to review arrangements made by the committee a meetings may be called either when it 1s requisitioned by atleast one-third of its members or when the chairperson considers it necessary for the transaction of business at its meeting, the committee will observe such rules of procedure as may be determined by bye-laws made by such committee clause 1] contains provision for appoimment of standing committee and subcommittees which shall deal with matters relating to finance, transport and pslgrim's welfare clause 12 contains provision for disqualifications for being appointed or for continuing as a member of the committee clause 13 relates to resignation of chairperson, vice-chairpersons and other members clause 14 contains provision for removal of chairperson, vice-chairpersons and members and stipulates that for certain acts of commission or omission the chairperson, vice-chairperson or a member of the committee may be removed clause 15 provides for the filling up of a casual vacancy when such vacancy 1s caused by the removal, resignation or death of a member clause 16 provides for the appointment of the chief executive officer of the committee from the panel! of muslim officers of the central government/state governments holding a post of not below the rank of deputy secretary to the government of india initially, the appointment shall be made for a period of three years, which may be extended by a maximum period of one year by the central government the chief executive officer shall be responsible for the execution of decisions of the committee and such other functions as may be provided in the rules made by the central government clause 17 makes provision for the establishment and incorporation of the state ha) committee by the state government and 1n case where it appears to the central government that it 1s not possible for, a state or a union territory to establish a hay committee, it may authorise the state hay committee of a contiguous state to deal with those pilgrims two or more contiguous states may enter into an agreement and may set up a joint state hay committee to deal with the hay pilgrims of such states clause 18 pertains to the composition of the state haj committees which include representatives from muslim members of parliament, state legislative assembly, legislative council (if any), and from the local bodies other members of the state haj committee will be the persons having expertise 1n muslim theology and law and the representatives of the voluntary organisations working 1n the field of public administration, finance, education, culture or social work who may be nominated by the state government clause 19 provides that the nomination of members shall be notified in the official gazette of the state clause 20 provides for the term of office of the members of the state hay committees, allowances payable to such members and other terms and conditions of such members which are to be provided by the rules made by the state government clause 21 stipulates that the chairperson shall be elected in the first meeting of the state committee from amongst its members and if the members fail to elect the chairperson, the state government may appoint a member of the state committee as its chairperson it is also provided that the term of office of the chairperson shall be for three years and no person shall hold the office of the chairperson for more than two consecutive terms clause 22 pertains to the reconstitution of a state haj committee and provides that all necessary steps for the reconstitution of a new state committee shall be taken atleast four months before the expiry of the term of the existing committee it also provides for renomination of an outgoing member with a condition that it shall not be for more than two terms and in no case the number of members renominated under this clause shall exceed more than fifty per cent of the total membership of the committee clause 23 contains provision for disqualifications for being appointed or for continuing as a member of the state committee clause 24 relates to resignation of chairperson and members clause 25 contains provision for removal of chairperson and members and stipulates that for certain acts of commission or omission that chairperson or a member of the state committee may be removed clause 26 provides for the filling up of a casual vacancy when such vacancy is caused by the removal, resignation or death of a member clause 27 enumerates the duties of the state haj committee and makes it mandatory to implement the policy and directions of the committee in the interests of haj pilgrims it has also been made mandatory for the state committee to provide assistance, such as transport or transit accommodation, to the haj piigrims the state government has also been authorised to make rules in consultation with the central government for other duties of the state committee in connection with haj clause 28 provides that a state committee shall meet atleast twice in a year initially before the haj day and once after the haj is over a meeting may be convened either when it is requisitioned by atleast one-third of the members of the state committee or when the chairperson considers it necessary all matters in a meeting are to be decided by majority of the members present in such meeting clause 29 makes provision for the appointment of the executive officer and other employees of the state haj committee the executive officer shall act as secretary of the committee clause 30 makes provision for the central haj fund in which the sums realised on account of registration of haj pilgrims, issue of haj pilgrim travel passes to such pilgrims, money collected from pilgrims for performance of haj, income from deposits and investments from the funds of the committee shall be credited any sums loaned by the central or a state government, or any other source which is approved by that government and the amount standing at the credit of the haj fund or the indigent pilgrims fund established under the haj committee act, 1959 shall also form part of the central haj fund ' clause 31 enumerates the purposes for which the central haj fund shall be applied this fund shall be mainly applied for the payment of charges and expenses incidental to the objects specified in clause 9 of the bill and towards the pay and allowances of the chief executive officer and other employees of the committee or such other expenses of the committee or a state committee as may be approved by the central government clause 32 makes provision for the state haj fund of the state committee any grant or loan that may be made to the state committee by the state government or any other sourcé as approved by the state government shall be credited in such fund haj committee of india may also make grant to the state haj fundclause 33 enumerates the purposes for which the state haj fund shall be applied by the state haj committee the application of the state haj fund will be mainly for payment of charges and expenses incidental to the due performance of its duties by the state committee for the objects specified in clause 27 of the bill the fund will also be used towards the payment of the pay and allowances of the employees of the state haj committee, other than its executive officer whose pay and allowances will be borne by the state government clause 34 requires that the committee and every state haj committee shall maintain proper accounts the accounts shall be audited by such auditors as the central government or as the case may be, the state government, may approve clause 35 empowers the committee to issue a travel document to a haj pilgrim for the purposes of haj pilgrim pass to a haj pilgrim shall be used only for his departure from india to saudi arabia and back to india since the subject matter of passports is regulated under the provisions of the passports act, 1967, it has been considered necessary to exempt the haj pilgrims from the provisions of section 3 of the said act to facilitate the issuance of pilgrim passes to them it has also been provided that the central government may, in consultation with the committee, levy fees for registration of a haj pilgrim, for the issuance of a pilgrim pass and for other related matters in connection with rendering of services to the haj pilgrims clause 36 empowers the central government to cause supersession of the committee if the committee is unable to perform or persistently makes defaults in performance of the duties imposed under this bill clause 37 makes provision that the office of the member of the state committee shall not be deemed to be an office of profit so as not to disqualify such person from' being a member of parliament or of the state legislature clause 38 provides that the act or proceeding of the committee or of a state committee or of a joint state committee shall not become invalid owing to any vacancy or defect in their constitution clause 39 provides' that the officers and other employees of the committees shall be deemed to be public servants within the meaning of section 21 of the indian penal code clause 40 contains provision that no suit, prosecution or other legal proceeding for the action taken in good faith shall lie against the chairperson, vice-chairpersons or any member of the committees, without the prior approval of the central government or of the state government, as the case may be clause 41 empowers the central government to amend the schedule of zones which will be represented on the central haj committee, as the composition of the committee includes representatives from such zones also clause 42 provides for redressal of grievances a haj pilgrim who is aggrieved by the actions of the haj committee or of the state haj committee shall make a representation for the redressal of his grievance to the haj committee or the state haj committee, as the case may be, and the same will be disposed of by the said committee, after hearing the aggrieved person clause 43 provides for the vesting of properties and other existing rights and liabilities of the existing haj committee constituted under the haj committee act, 1959 in the committee or in the state haj committee, as the case may be, proposed to be constituted by clause 3 and clause 17 of the bill clause 44 empowers the central government to make rules to carry out the purposes of this bill with respect to subjects enumerated under this clauseclause 45 empowers the committee to make bye-laws in respect of the subjects specified under this clause , clause 46 contains provision for delegation of powers by the committee to chief executive officer or any member thereof with the prior approval of the central government clause 47 empowers the state government to make rules in consultation with the central government to carry out the purposes of this bill with respect to subjects enumerated under this clause clause 48 contains provisions as to the transfer of the employees of the existing committees as employees of the proposed committee or of the state committee, as the case may be it also makes provision for the protection of the tenure, remuneration, and terms and conditions of the service of such persons which will not be altered to their disadvantage without the previous sanction of the central government or, as the case may be, of the state government clause 49 makes provision for protection of action taken in good faith clause 50 contains powers of the central government to remove the difficulties in giving effect to the provisions of this bill within a period of two years from the commencement of the proposed legislation clause 51 empowers the central government to issue directions in the exercise of its powers and performance of its functions under this bill, to the committee or to the state government or to the state committee clause 52 provides for repeal of the haj committee act, 1959 and makes provision for saving of actions taken under that act schedule contains provision for dividing the states of the union into different zones, which relates to representation of the state committees in the composition of the central haj committee | Parliament_bills | bfcc5bd6-561c-58c7-9e4a-1b23889b484c |
bill no 223 of 2015 the appropriation (railways) no 3 bill, 2015 a billto provide for the authorisation of appropriation of moneys out of the consolidated fundof 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, 2013 in excess of the amounts granted for those services and for that yearbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) no 3 act, 2015 2 from and out of the consolidated fund of india the sums specified in column 3 of the schedule amounting in the aggregate to the sum of one thousand six hundred seventy five crore, ninety-five lakh, sixty-two thousand, three hundred and thirty-seven rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent for defraying the charges in respect of the services relating to railways specified in column 2 of the schedule during the financial year ended on the 31st day of march, 2013 in excess of the amounts granted for those services and for that yearissue of rs 1675,95,62,337/- out of the consolidated fund of india to meet certain expenditure for the financial year ended on the 31st day of march, 2013appropriation 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 | || 3 | general superintendence and services on railways | || 4 | repairs and maintenance of permanent way and works | || 5 | repairs and maintenance of motive power | || 7 | repairs and maintenance of plant and equipment | || 8 | operating expenses - rolling stock and equipment | 33,88,59,057 || 10 | operating expenses - fuel | 658,82,43,046 || 11 | staff welfare and amenities | || 13 | provident fund, pension and other retirement benefits | 981,95,20,896 || t | | || otal | | || : | 1674,66,22,999 | 1,29,39,338 |fundrsrsrs 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 expenditure incurred in excess of the appropriation charged on the fund and the grants made by the lok sabha for expenditure of the central government on railways for the financial year ended on the 31st day of march, 2013suresh prabhu———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2015-b-403/ms/2 dated 24 july, 2015 from shri suresh prabhu, minister of railways to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation (railways) no 3 bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incured in excess of the grants made by the lok sabha for 2012-13, recommends under clauses (1) and (3) of article 117 of the constitution, the introduction in and consideration by the lok sabha of the appropriation bill———— 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, 2013in excess of the amounts granted for those services and for that year———— | Parliament_bills | ed5d5f04-588d-5673-9700-45a8936eaa0e |
bill no 14 of 2012 the incest offences bill, 2012 bydr mahendrasinh p chauhan, mpa billto provide for punishment for the offences relating to incest and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title1 this act may be called the incest offences act, 2012 2 (1) in this act, unless the context otherwise requires,—definitions(a) ''prescribed'' means prescribed by rules made under this act; andfor the use of pornographic material or indulging in molestation by deceit or by threatening45 of 1860 2 of 19745(2) the words and expressions used herein and not defined in this act but defined inthe indian penal code, 1860 or the code of criminal procedure, 1973 shall have the same meanings, respectively, assigned to them in those lawsincest offences3 (1) whoever knowingly engages or attempts to engage in sexual intercourse with aperson, who is his close family member, shall be guilty of an offence of incest and shall be punished with rigorous imprisonment for a term which shall be not less than ten years and shall also be liable to fine:10provided that if the close family member is a child under eighteen years of age, theoffender shall be punished with life imprisonment(2) whoever knowingly sexually exploits or attempts to sexually exploit any person,who is his close family member, shall be punished with rigorous imprisonment for a term which shall be not less than five years but which may extend upto seven years, and shall also be liable to fine15(3) for the purposes of sub-sections (1) and (2), the court shall not take cognizance ofthe fact that the act or attempt of sexual intercourse with or sexual exploitation of the close family member has happened with the consent of that memberexplanation—for the purposes of this section, "close family members" means the following persons:—20(a) a parent including step parent or grandparent, of either sex; (b) a child or other lineal descendent; and (c) a brother or sister including half-brother or half-sister; and (d) a guardian, uncle, aunt or any other close relative25burden of proof4 notwithstanding anything contained in any other law for the time being in force, inany trial under this act, the burden of proof as to the innocence shall be on the accused and the victim shall have the right to lead evidence in rebuttal5 the proceedings under this act shall be held in camera, if it is so desired by thevictim, by a special court and, as far as possible, before a women magistrateproceedingsto be incamera30statement of victim to be recorded at residence6 any statement of the victim under this act shall be recorded at her or his residenceor at the place of her or his choice and as far as possible by a woman police officer in the presence of the victim's parents or guardian or near relatives or social worker of the locality, as the case may be2 of 19747 notwithstanding anything contained in the code of criminal procedure, 1973, anoffence under this act shall be cognizable and non-bailable35offences to be cognizable and nonbailable8 notwithstanding anything contained in any other law for the time being in force, nocourt other than a high court or the supreme court of india shall have the authority to grant anticipatory bail to any person accused of committing an offence under this actbar on granting anticipatory bail9 save as otherwise provided under this act, the provisions of the code of criminalprocedure, 1973 shall be applicable to any trial under this act402 of 1974provisions of the code of criminal procedure to be applied10 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 notpower to remove difficultiesinconsistent 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 a period of three years from the commencement of this act511 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effectpower to make rules12 (1) the central government may, by notification in the gazette of india, make rules for carrying out the purposes of this act10(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 modifications 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 reasonsas of today, there is no law on incest offences in india any incidence of incest is treated as rape and if it is related to the abuse of a boy, it is covered under section 377 of the indian penal code last year, a mumbai court let off a father who raped his daughter as the heinousness of his crime was not recognised as a separately punishable offence most of the cases of incest offences go unreported in india because the family is almost considered sacred and any act of child abuse, if it happens, is met with disbelief and denial at times, even the judges do not believe that a girl or boy can be abused by family members or relatives activists demanding a law to tackle incest believe that it is a reflection of the society's refusal to acknowledge that it exists the society is in a state of denial that incest does exist, whereas the bare truth is that it is prevalent in our society and only a miniscule number of cases are reported in contrast, many developed countries recognise incest as a serious crime the united kingdom has a law to govern offences of incest since 1908, which provides punishment with imprisonment up to a period of fourteen years such laws also exist in canada, germany, hungary, ireland, israel, italy, the netherlands, united states, brazil and in a host of other countries incest is more common in india than in other countries as there is no law to govern such offences in our country child rights activists have been demanding a specific law on incest for quite some time now the demand was more vociferous, when section 376 of the indian penal code was amended to include policmen and hospital and prison staff who abuse women in their custody and the issue of incest—where a parent or relative abuses a child in his or her care—was overlooked it is difficult to fathom the agony and trauma of a child who has been a victim of molestation or incest offence by their known or family members the child suffers this stigma throughout his or her life and has to re-live the pain and trauma over and over again it is, therefore, high time that a strict and separate law is enacted to counter incest offences in our societyhence this billnew delhi;mahendrasinh p chauhannovember 16, 2011 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 punishment for the offences relating to incest and for matters connected therewith or incidental thereto————(dr mahendrasinh p chauhan, mp)gmgipmrnd—4119ls(s3)—07032012 | Parliament_bills | 71ce13d5-85cb-5665-819d-0e4519ce57d3 |
the constitution (eighth amendment) bill, 1955(as intaoducbd in lok sabiia) the constitution (eighth amendment) bill, i955 (as introduced in lok sabra) a billfurther to amend the ·constitution of india: be it enacted by parliament in the sixth year of the republic of india as follows:-1 this act may be called the constitution (eighth amendment) short title act, 1955 5 2 in article 3 of the constitution, for the proviso, the following amendment proviso shall be substituted, namely:-of article 3· "provided that no bill for the purpose shall' be introduced in either house of parliament except on the recommendation of the president and unless, where the proposal contained in the bill affects the area, boundaries or name of any of the 10 states specified in part a or part b of the first schedule, the bill has been referred by the president to the legislature of that state for ekpressing its views thereon within such period as may be specified in the reference or within such further 15 period as the president may allow and the period so specified or allowed has expired" statement of objects and reasonsunder the pr6viso to article 3 of the constitution, no bill for the purpose of forming a new state, increasing or diminishing the area of any state or altering the boundaries or name of any state can be introduced in parliament, unless the views of the state legislatures concerned with respect to the provisions of the bill have been ascertained by the president the intention of this proviso is to ensure that all the states affected by a reorganisation proposal have a reasonable opportunity of expressing their views it is considered desirable that when a reference is made to the state legislatures for this purpose, the president should be able to prescribe the period within which the states should convey their views, and it should be open to the president to extend such period whenever he considers it necessa,ry it is also considered desirable to provide that the bill shall not be introduced until after the expiry of such period it is proposed to amend the proviso to article 3 of the constitution accordingly new delm; c c biswas the 6th december, 1955 annexure •extracts from the constitution of india - - - - / 3 parliament may _by law-formation of new states (a) form a new state by separation of territory from any ~d alftera-, , tlon 0 areas, state or by umtmg two or more states or parts of states boundaries or by uniting any territory to a part of any state; ornadltinexlb , el of g (b) increase the area of any state; states (c) diminish the area of any state; (d) alter the boundaries of any state; (e) alter the name of any state: provided that no bill for the purpose shall be introduced in either house of parliament except on the recommendation of the president and unless where the proposal contained in the bill affects the boundaries of any state or states specified in part a or part b of the first schedule or the name or names of any such state or states, the views of the legislature of the state or, as the case may be, of each of the states both with respect to the proposal to introduce the bill and with respect to the provisions thereof have bee·n ascertained by the president a lull further to amend the constitution of india (shri cc bimw, minister of lard) g ipd-lad-f62ls-7-111-55-1,600 | Parliament_bills | 43bf565b-1fdd-506f-bf2f-dbd4162bb50f |
bill no 246 of 2017 the constitution (amendment) bill, 2017 byshri rajiv pratap rudy, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—2 for article 48a of the constitution, the following article shall be substituted, namely:—substitution of new article for article 48a"48a (1) the state shall endeavour to protect and improve the environment so as to ensure a pollution-free environment for its citizens and to safeguard the forests and wild life of the country5(2) the state shall, through such enforcement agencies as it consider necessary, strive hard to ensure that forty per cent of the total geographical area of the country be covered under forest or tree"protection and improvement of environment and safeguarding of forests and wild life3 in article 51a of the constitution, for clause (g), the following clause shall be substituted, namely:—amendment of article51a10"(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures and to actively participate in the state's endeavour to promote the forest cover of the country to forty per cent of the total geographical area" statement of objects and reasonsforests are key to all forms of life they provide for the continuity of the world's biodiversity which is necessary for economic development, human livelihood, medical discoveries, and to provide environmental adaptive responses forests are also important because they stabilize climate, prevent soil erosion, watershed protection and provides habitat to thousands of life forms despite our dependence on forests, we are still allowing them to disappearindia accounts for about 24 per cent of the total geographical area of the world and is also home to 17 per cent of the world population india is one of the richest countries in the world in terms of biodiversity making it one of the mega-diverse countries accounting for nearly 8 per cent of the species of the world it is estimated that nearly 1/3rd of indian plants are endemic, being found nowhere else in the worldto promote this diversity and economic growth the national forest policy, 1952emphasized on the extension of forest and tree cover by proposing that 33% of the total geographical area should be under forest tree cover the national forest policy, 1988 which was formulated four years before the earth summit 1992 embodies the principles of sustainable forest management and mandated an increase in the forest/tree cover in the country to 33 per cent of the land area however, according to the india state of forest report (isfr) 2015, the total forest and tree cover is 7942 million hectare, which is only 2416 of the total geographical area of the countrythe bill proposes to conserve the natural heritage of the country by preserving the remaining natural forests and at the same time also promote the increase in the forest cover with the vast variety of flora and fauna by ensuring that the state with active participation of the citizens will be able to preserve and promote the remarkable biological diversity and genetic resources of the country it also enable the country to meet our climate change targets without any binding obligationshence this billnew delhi;rajiv pratap rudynovember 27, 2017 annexure extract from the constitution of india, 195048a the state shall endeavour to protect and improve the and to safeguard the forests and wild life of the country protection and improvement o f environment and safeguarding of forests and wild life51a it shall be the duty of every citizen of india—fundamental duties (g) to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures; lok sabha———— a bill further to amend the constitution of india————(shri rajiv pratap rudy mp)gmgipmrnd—2643ls(s3)—19122017 | Parliament_bills | 06ae9a6c-2b75-55b9-9c48-e986b74b955f |
bill no 226 of 2017 the securitisation and reconstruction of financial assets and enforcement of security interest (amendment) bill, 2017 byshri nk premachandran, mpa billfurther to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—amendment of section 3154 of 20022 in section 31 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002,—(a) in clause (h), for the words "one lakh", the words "ten lakh" shall be substituted; and5(b) after clause (j), the following clauses shall be inserted, namely:—"(k) any security interest for securing repayment of any financial assistance for educational purpose;(l) any security interest created for financial assistance not exceeding twenty lakhs rupees for agricultural purpose;10(m) any security interest for securing repayment of any financial assistance not exceeding twenty lakhs rupees for self employment(n) any case in which the right or ownership or possession of any security interest created for securing repayment of any financial assistance not exceeding fifteen lakhs rupees is vested with senior citizens, widows and differently-abled persons with more than sixty per cent disabilities;15(o) any case in which the right or ownership or possession of any security interest created for securing repayment of any financial assistance is vested with the persons undergoing treatment for cancer, acquired immuno deficiency syndrome (aids) and organ transplantation; and20(p) any security interest created in land with residential building not exceeding an extent of five per cent in cities, ten per cent in towns and fifteen per cent in panchayat for financial assistance not exceeding fifteen lakhs rupees" statement of objects and reasonsthe securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 is a legislation that provides for speed up the recovery of defaulting loans and mounting levels of non-performing assets of banks and financial institutionsfor the implementation of the provisions of this act, the banks and financial institutions seek the support of private agencies the private agencies are implementing unethical and illegal means for recovery of the debts these unethical methods are adopted for the recovery of money from the weaker sections of the societythe interventions and interference of private agencies and implementation of provisions of this act through unethical and illegal means creating unrest in the society particularly among the weaker sections the weaker sections of the society become homeless due to the implementation of the provisions of this act the students, parents, farmers, senior citizens, differently abled persons, persons with small holdings and such other weaker sections in the society are suffering due to the implementation of the provisions of this act so as to protect the welfare of the weaker section of the society exemption from application of provisions of this act is necessitated in view of the above it is considered necessary to amend the existing lawhence this billnew delhi;nk premachandrannovember 27, 2017 annexure extract from the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002) chapter vi miscellaneous31 the provisions of this act shall not apply to—provisions of this act not to apply in certain cases(a) a lien on any goods, money or security given by or under the indian contract act,1872 (9 of 1872) or the sale of goods act, 1930 (3 of 1930) or any other law for the time being in force;(b) a pledge of movables within the meaning of section 172 of the indian contract act,1872 (9 of 1872);(c) creation of any security in any aircraft as defined in clause (1) of section 2 of the aircraft act, 1934 (24 of 1934);(d) creation of security interest in any vessel as defined in clause (55) of section 3 of the merchant shipping act, 1958 (44 of 1958);(f) any rights of unpaid seller under section 47 of the sale of goods act, 1930(3 of 1930);(g) any properties not liable to attachment (excluding the properties specifically charged with the debt recoverable under this act) or sale under the first proviso to sub-section (1) of section 60 of the code of civil procedure, 1908 (5 of 1908);(h) any security interest for securing repayment of any financial asset not exceeding one lakh rupees;(i) any security interest created in agricultural land; (j) any case in which the amount due is less than twenty per cent of the principal amount and interest thereon lok sabha———— a billfurther to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002————(shri nk premachandran, mp)gmgipmrnd—2656ls(3)—14-12-2017 | Parliament_bills | ce430bbf-081d-5960-81ed-f810c1f62dd4 |
the appropriation (railways) bill,1962(as introduced in lok sabha on 20th march, 1962) (as introduced in lok sabha),,~, a bill to authorise payment and appropriation of certain further sums from and out of the consijlidated fund of india f01' the service of the financial year 1961-62 for the purposes of railways be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 this act may be called the appropriation (rallways) act, short title 1962 , z from and out of the consolidated fund of india there may be islue ofrs paid and applied sums not exceeding those specified in column 3 of ~~t'~ro the the schedule amounting in the aggregate to the sum of fifty-nine coilloudited lakhs and seventy-two thousand rupees towards defraying the seve-= :: ral charges which will come in course of payment during the financial tl;1e fidld-10 year 1961-62, in respect of the services relating to railways specified ~;:i~~ in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appropriathe consolidated fund of india by this act shall be appropriated tiod for the services and purposes expressed in the schedule in relation 15 to the said year the schedule2 3 no sums not exceeding -----of services and purposes voted by charged on 5 vote parliament the consolida-total ted fund -rs rs rs 3 payme1'lts to worked linea and - others 5,56,000 s,56,000 10 s working expenees-repairs and maintenance 14,000 14,000 6 working expenses-operating stan p,ooo 42,000 i) ()pen line worb (reveaue)-is labour welfare 36s6000 36s6000 14 open line works (revenuer-otber chan labour weilre ]3,000 33000 is construction of new lines 6,86,000 6,86,000 16 open line works-additiods :1,:15,000 2,25000 20 17 opea line works-replacementa 3,15000 3is,000 18 open line works-developaaentpudd 4,4j,ooo 44sooo total 42,12,000 i 11,60,000 s9,72,ooo statement of objects and reasonsthe 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 1961-62 jagjiv an ram 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 financial year 1961 62 for the purposes of railways the president has, in pursuance of clauses (i) and (3) of article ii7 of the constitution of india, read with clause (2) of article iis thereof, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary (shrijagji'oan ram, minister of railway) | Parliament_bills | a88b0b3f-049a-5a5a-9ef1-115908015d62 |
bill no 108 of 2014 the prevention of female infanticide bill, 2014 byshri adhir ranjan chowdhury, mpa billto prevent female infanticidebe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the prevention of female infanticide act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions52 in this act, unless for context otherwise requires,(i) "girl child" means a girl upto the age of ten years; and (ii) "prescribed" means prescribed by rules made under this actfemale infanticide103 whoever causes, or does any act with the intention of causing death of a girl child or allows a sick girl child to die by deliberately not giving timely and proper medical assistance or does any act or neglects the care of the girl child which may result in her death, commits the offence of female infanticide4 (1) whenever a girl is born or a girl child dies, it shall be the duty of the parents orthe guardian of the child to inform the nearest health centre run by the government or such authority as may be prescribed for this purpose, about the birth or death of the girl childinformation about birth or death of a girl child to be given to authorities5(2) in case of death of a girl child, the child shall not be cremated or buried unless thehealth centre or such other authority, as may be prescribed for this purpose, has caused an investigation into the cause of the death of the child(3) the investigation under sub-section (2) shall be completed within twenty-fourhours from the time the information about death is received105 if after a preliminary investigation into the cause of the death of a girl child, anyperson is found to have committed the offence of infanticide, he shall be taken into custody at oncearrest of person committing femaleinfanticidepunishment6 any person who commits or abets the commission of the offence of female infanticideor withholds information about the death of the girl child, shall be punished with imprisonment for a period of ten years and also with fine of rupees one lakh:15provided that any person who withholds information about the birth of a girl shall bepunished with imprisonment for a period of six monthsinvestigation and filing of report7 any inquiry or investigation into female infanticide and filing of reports or a suit ina court of law shall be completed within a period of three months from the date of the death of the girl child8 an offence under this act shall be non-bailable20offence to be non-bailable45 of 1860act to have over-riding effect9 the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in the indian penal code, 1860 or any other law for the time being in forcepower to make rules10 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act2530(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 whichmay 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 reasonswith the menace of dowry system still continuing in the country, birth of a girl child in an ordinary family is considered as inauspicious and a curse birth of a girl child is considered as a burden by poor families as a result, the number of cases of female infanticide has increased manifold in the country thousands of innocent girls are dying prematurely as a result of inadequate care and indifference on the part of their families it is high time that this dastardly act is brought to an end however, in the absence of a stringent legislation, it is quite difficult to put end to this evil practiceit is, therefore, proposed to bring forward a legislation providing for severe punishment to those who commit female infanticide in order to eradicate this malady from the countryhence this billnew delhi;adhir ranjan chowdhuryjuly, 17, 2014 memorandum regarding delegated legislationclause 10 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————abillto prevent female infanticide————(shri adhir ranjan chowdhury, mp) | Parliament_bills | d5414b02-a0a7-5751-ba00-29718d8eda3e |
bill no xvii of 2011 the right of children to free and compulsory education (amendment) bill, 2011 abillto amend the right of children to free and compulsory education act, 2009be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title, and commencement1 (1) this act may be called the right of children to free and compulsory education(amendment) act, 2011(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of section 235 of 20092 in the right of children to free and compulsory education act, 2009 (hereinafterreferred to as the principal act), in section 2, —(a) in clause (c), for the words "six to fourteen years", the words "three toeighteen years" shall be substituted;10(b) in clause (n), after the word "imparting" the words "pre-school educationand/or" shall be insertedamendment of section 33 in section 3 of the principal act, for the words "six to fourteen years", the words"three to eighteen years" shall be substitutedamendment of section 44 in section 4 of the principal act, for the words "child above six years of age", the words "child above three years of age" shall be substituted5amendment of section 85 in section 8 of the principal act, in clause (a), for the explanation the following shall be substituted namely:—explanation—the term "compulsory education means obligation of the appropriate government to—"(i) provide free pre-school education and elementary school education to every child of the age of three to eighteen years; and"10"(ii) ensure compulsory admission, attendance and completion of preschool education and elementary education by every child of the age of three to eighteenyears"amendment of section 9156 in section 9 of the principal act, in clause (d), for the words "up to the age of fourteen years", the words "up to the age of eighteen years" shall be substituted statement of objects and reasonsindia being the signatory to the united nations convention on the rights of the child(uncrc), had committed to article 28 of the uncrc, made it incumbent on the state to provide elementary education compulsory and free to all the foundation of schooling is laid in the early years between the ages of three to six years these early years ar regarded as the foundation years and critical for mental and emotional development of a child the age group is significant for brain development and sets the foundation for sound learning in later years hence, it is proposed that minimum age of children is to be reduced from six to three years so that this important age group is covered under the right to education act moreover, the existing school system in our country consists minus two to plus two, accordingly, the maximum age of children for free and compulsory education be enhanced from fourteen to eighteen yearshence, this billp rajeeve financial memorandumclause 7 of the principal act makes it obligatory for the central and state governments to provide funds for carrying out provisions of the act the proposed amendment bill lower the entry level age from 6 to 3 years and increase the maximum age limit from 14 to 18 years of every child for free and compulsory education, thereby increasing the financial burden of the central government the bill, if enacted, would involve additional expenditure from the consolidated fund of india and it is very difficult to estimate the expenditure at this juncture as the same would depend upon the number of students add by the proposed amendment of the act no non-recurring expenditure is likely to be involved annexure extracts from the right of children to free and compulsory education act, 2009 (35 of 2009) 2 in this act, unless the context otherwise requires,—definitions (c) "child" means a male or female child of the age of six to fourteen years; (n) "school" means any recognised school imparting elementary education and includes— 3 (1) every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary educationright of child to free and compulsory education 4 where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age: special provisions for children not admitted to, or who have not completed, elementary education8 the appropriate government shall— (a) provide free and compulsory elementary education to every child:duties of appropriate government explanation—the term "compulsory education" means obligation of the appropriate government to—(i) provide free elementary education to every child of the age of six to fourteen years;and(ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years; 9 every local authority shall—duties of local authority (d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed; rajya sabha———— a bill to amend the right of children to free and compulsory education act, 2009————(shri p rajeeve, mp)gmgipmrnd—966rs(s-3)—05082011 | Parliament_bills | 94eb6992-afa0-59ca-bf28-e3be9cb1206a |
bill no 145 of 2019 the public premises (eviction of unauthorised occupants) amendment bill, 2019 a billfurther to amend the public premises (eviction of unauthorised occupants) act, 1971be it enacted by parliament in the seventieth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the public premises (eviction of unauthorised occupants)amendment act, 20195(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint40 of 1971amendment of section 22 in the public premises (eviction of unauthorised occupants) act, 1971 (hereinafterreferred to as the principal act), in section 2, clause (fa) and clause (fb) shall be renumberedas clause (fb) and (fc) respectively, and before clause (fb) as so renumbered, the following clause shall be inserted, namely:—10 15'(fa) "residential accommodation occupation" in relation to any public premisesmeans occupation by any person on grant of licence to him to occupy such premises on the basis of an order of allotment for a fixed tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made under the authority of the central government, a state government, a union territory administration or a statutory authority, as the case may be;'3 in the principal act, after section 3a, the following section shall be inserted, namely:—insertion of new section 3beviction from residential accommodation5"3b (1) notwithstanding anything contained in section 4 or section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall—(a) forthwith issue notice in writing calling upon such person to show cause within a period of three working days why an order of eviction should not be made;10(b) cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person15(2) the estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under sub-section (1) and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person20(3) if the person in unauthorised occupation refuses or fails to comply with the order of eviction referred to in sub-section (2), the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary"amendment of section 74 in section 7 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—25"(3a) if the person in unauthorised occupation of residential accommodation challenges the eviction order passed by the estate officer under sub-section (2) of section 3b in any court, he shall pay damages for every month for the residential accommodation held by him" statement of objects and reasonsthe public premises (eviction of unauthorised occupants) act, 1971 (the said act), was enacted to provide for eviction of unauthorised occupants from public premises and for certain incidental matters2 government of india provides residential accommodation to its employees, members of parliament and other dignitaries while they are in service or till the term of their office on licence basis as per the existing allotment rules, after the expiry of the terms and conditions of the licence, the occupants of such residential accommodations become unauthorised for staying in such accommodation and should vacate the same the said act confers powers upon the estate officers to evict such unauthorised occupants from "public premises" in a smooth, speedy and time-bound manner under the existing provisions, the eviction proceedings of unauthorised occupants from "public premises" take around five to seven weeks time it may take around four more weeks if the unauthorised occupants file appeal under the said act however, eviction proceedings take much longer period than the timeline prescribed in the said act sometimes, it takes years to evict the unauthorised occupants3 there are provisions for summary eviction proceedings under section 3a of the said act in case of persons occupying "public premises" temporarily, that is, less than thirty days under the summary proceedings, the estate officer does not have to follow elaborate procedure prescribed, for serving notice, show cause, inquiry and hearing as per sections 4 and 5 of the act, before passing eviction order however, these summary proceedings are not applicable to the occupants of residential accommodations given on licence basis it is, therefore, proposed to apply summary eviction procedure to residential accommodation given on licence basis with a short show cause notice of three days to the unauthorised occupants by inserting new section 3b it is also proposed to define the expression "residential accommodation occupation" by amending section 24 it is often seen that the unauthorised occupants do not vacate the government accommodation on expiry of the terms and conditions of the licence as per the rules and uses dilatory tactics to withhold the accommodation, by challenging the eviction order before an appellate officer or before the high court and by obtaining stay of the eviction order in order to check this delay, it is also proposed to insert a new sub-section (3a) in section 7 of the act to the effect that if the person challenges the eviction order passed by the estate officer in any court, he has to pay the damages for every month for the residential accommodation held by him5these amendments would facilitate smooth and speedy eviction of unauthorised occupants from residential accommodations, and ensure retrieval of the residential accommodation from the unauthorised occupants without requiring elaborate procedures under sections 4 and 5 of the said act this will further increase availability of residential accommodations to new incumbents and improve the overall satisfaction level6 it may be recalled that the public premises (eviction of unauthorised occupants)amendment bill, 2017, for the aforementioned purpose, which was introduced and pending consideration and passing in the lok sabha lapsed on dissolution of the sixteenth lok sabha hence, the public premises (eviction of unauthorised occupants) amendment bill, 20197the bill seeks to achieve the above objectivesnew delhi;hardeep singh purithe 2nd july, 2019 lok sabha———— a billfurther to amend the public premises (eviction of unauthorised occupants) act, 1971————(shri hardeep singh puri, minister of housing and urban affairs)mgipmrnd—1219ls(s3)—04-07-2019 | Parliament_bills | d9b4b3ed-1aaa-5728-bc29-cef4a59b4c7e |
' 7nov, bill no i" cd 1188 tiu; coal mines nationalisation laws (amendment) bill, 1985 - billjurthe,· to (trttf!nd the coking coal mines (nationalisation) act, 1972 an" the coal mines (nationalisation) act, 1973 bli: it enacted by parliament i~ the thirty-seventh year of the pepuolic of india as follows:-: 1 (1) this act may be called the coal mines nationalisation laws short (~endment) act, 1986 title and commence mel\t 3801 1972 5 (2) save as otherwise expressly provided, the amendments to the oclking coal mines (nationalisation) act, 1972 shall be deemed to h~ve come into force on the 1st day of may, 1972 and the amendments to the coal mines (nationalisation) act, 1973 shall be deemed to have t"ome into force on the 1st day of may, 1973, and the remaining provisions 10 of this act shall be deemed to have come, into force on the 7th day of october, 1986 2 (1) in section 4 of the c«;iking co~l mines (nati«;lnali~ation) ad, a~ 8ieuot se, • ip~ (hereinafter referred to as the coking coal act), sub-section (2) shall be omitted and shall be deemed to have been omitted with ef!eet , j1 f~om tbe 1st day of june, 19"l2 (2) the omission of sub-section (2) of section ·4 of the coking coal act by tlub-section (1) of this seetlon shall not dect the previous operation of the provisions: of the said sub-section (2) or anything duly done or suffered thereunder i 3 in iection 6 of the cokin! coal _~ct,(a) in sub-section (1) ,-(i) for the wor"! "as if ~ minin~ leale", the words "as it - fresh mining lease" shall be substituted: (ii) "for the wo~i "being the entire period", the warch "hau be the mutm\ud period" ihall be subtituted; (b) in sub-section (z), tb worda ii, on the same term and conditions on which til 1 wu held on the appointed day," shall be omitted 4 section 10 of the coking coal act shall be renumbered as subsection (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-amendment of section 10, "(2) for the removal of doubts, it is hereby declared that the amount specified in the fifth column of the first schedule against 10 any coking coal mine or group of coking coal mines specified in the second column of the said schedule and required to be given by the central government to its owner under sub-section (1) shall be deemed to include and deemed always to have included, the amount required to be paid to such owner in respect of all coal in stock or ,~ other assets referred to in clause (j) of section 3 on the date immediately before the appointed day and no further amount shall be payable to the owner in respect of such coal or other assets", 5 section 11 of the coking coal act shall be renumbered as subsection (1) thereof, and after sub-section (1) as so re-numbered the go following sub-section shall be inserted, namely:-amendmentor section 11, "(2) for the removal of doubts, it is hereby declared that the amount specified in the fifth column of the second schedule against any coke oven plant specified in the second column of the said sch~du]e and required to be given bv the central government to g5 ,ts owner under sub-section (1) shall be deemed to includ'!, and deemed always to have included, the amount required to be paid to such owner in respect of all coke in stock or other assets referred to in clause (b) of section 3 on the date immediately bef('lre the appointed day and no further amount shall de payable ie the 30 owner in respect of such coke or other assets" 8, for section 17 of the coking coal act, the fol1owing section shall be substituted, namely:-' subetitu tion of new section for section 1'1 "17, notwithstandin~ anvthtng eontained in the industrial l)isputes act 1947 or in any other law for the time being in force, the 35 it oc lm'r services of any offteer or other emnlovee emnloved 'in a colctnl!' coal m;ne or coke oven plant shall b usble to be trrnsfetted to anv other rn1d,,~ coal mine or coke oven niant rnd siich ft~"qfpr qhrll not ,"tttle such offtcer or other emnlovp", to anv c'omnensrtion un~er this act or any other law for the time being in force and no su~h ~ claim shall be entertained by any eo~, tribun~ or otber _ytl\orityn, liability of d1fteer or other employ" of a cokingcoal mine or aoke o't'en plant for transfer to any other_ in, cea1 mid •• coke 0\f8 , '" , 7 in section 21 of the cokida coal act,-amendment of section 21 5 (a) in sub-section (2), the words, figures and letters ", and simple interest at the rate of four per cent per annum on such amount for the period commencing on the 1st day of april, 1973 and ending on the date of payment of such amount to the commissioner" shall be inserted at the end; (b) in sub-section (5), the words, brackets and figure "and shall also be payable to the commissioner in addition to the sum referred to in sub-section (1)" shall be inserted at the end 10 8 in section 22 of the coking coal act,-(a) for sub-section (4), thlt following sub-section shall be s~b stituted, namely:- amendment of section 22 15 sao "(4) the liabilities of the coking coal mine or the coke oven plant (not being liabilities arising out of advances made by the central government or the government company), which could not be discharged by the appointed day, may be discharged by the central government or the government company up to the specified date out of the realisations effected before or after the appointed day or out of advances or borrowings made up to the specified date and every payment so made shall be included in the statement of accounts as on the date immediately before the appointed day indicating therein the period in relation to which the payments were made and the payments so made shall not be called ill question in any court: provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the owner of the coking coal mine or the coke oven plant, as the case may be"; (b) after sub-section (7), the following sub-section and e:c[jlana~ tion shall be inserted, namely:-- (8) the statement of accounts audited under sub-section (6) shall, unless the contrary is proved-, be conclusive proof in respect of every matter entered therein 35 explanation-for the purposes of this section, "statement of accounts" means a statement in the form of receipts and payments, and does not include any statement that may be prepared as a result of the closing and balancing of the books for the preparation of the profit and loss account and balance-sheet or any statement prepared in accordance with the normal commercial practice' recovery of exceu payment t for hction 25 of the coldn, eoi aet, the following section shall sublltitu be substituted, ramei7:-tion ot new sec tion for rcuoi\ 25 '25 any amount in excess of payments over receipts in the ltatemet of accounts prepared under section 22 shall be deemed to be ad amount· advanced by the central government or the custo~ dian, as the case may be, for the, n't19nagement of a coking coal 'mini!! or a coke oven plant during the period in which the management of such mine or plant remained vested in the central government and the central governme!lt may make a claim to the commissioner for such excess payment and such claim shall have priority 9:v~r the 5 claims of all other unsc';ured creditors of the coking coal mine or coke oven plant expanation-iu th:::; section, "custodian" means the custodian appointed under the c,)king coal mines (emergency provisions) acl, 1971' 10 m otlw11 l'menc:\- t ii,! nt of aecuon h10 in section 26 of the coking coal act, after sub-section (2) and befote the explanation the following iub-section shall be inserted - namely:-"(3) where the amount specified in the fifth column of the first s~edule is relatdble to a group of coking coal mines, the commis- 15 sioner shall have power to apportion such amount among the owners of such group andin making such apportionment, the commissioner shall have regard to the highest annual production in the coking coal mine during the three years immediately preceding the appointed day_" :zo 2ft of ll'll 11 (11 in section '3 of the coal mines (nationallsation) act, 1973 (hereinafter referred to as the coal mines act) ,-amendment of aecqen 3 (a) sub-section (2) shall be omitted, and shall be deemed to have been omitted with effect from the 1st day of june, 1973; (b) in sub-sectl'l1 (4), the words, brackets and figures ", not- ~5 withstanding anything contained in sub-section (2), or in the provi!50 to sub-5ection (1) of section 3 of the coal mines (taking over of management) act, 1973," helli be omitted; 15 of 1971 (c) after sub-sect1on (4), the following sub-section shall be ~o 1naer't~d, namely:-"(5) if, aftel' ~ne appointed day, the central government i satilfted, whether from any information received by it or other-wlee, that there haa been any error, omission or misdescriptiod is ftlauojl to the particulars of a coal mine included in the sche-~ 01' tge imiiim aad addnu of the owner of any such coal mine, 35 it may, by notification, con-ect such error, omission or misdes- ~ crlption and on the issue of such notification, the relevant entrlet in the schedule shall be, and shall be deemed always to have , torrected ,aecordidsly: pnftiec;t ulat do, aueh correction in 'relation to the ownership 40 of a eoal mine shall be made where such (),,nersbtpfs in dispute • (a) the omission of sub-section (2) of section 3 of the coal mines act , claw (4) 01 lu~ection (1) of this 8ection shal,1~ot affect the previwe operation of the proviaiol18 of the said sub:section (2) or anythin, duly done or offered thereundep 4,~ 12 in ,section 4 of the coal mines act-(4) insub~seetiod (l) ,-(i) for the words ','as if rt min,ine l~ase" the words "as if & 'fresh iriiniiig lease" sj5all h" ;llh~tnuted; , ' i (it')fbr& ~ tbw-ez\_'~' ''ibt'a ¥the ibdimum periotf··~ be atibstittttea;(b) in sub-section (2) the words ", on the lame terms and cenditions on which the leue was held, inunediataly defore the appold~d 5 day," shall be owtted amenc!-ment of lec:t1on 10 13 section 8 of the coal mine' aetshan be tenumbet'ed tis sub-section (1) thereof, and after sub-section (1) as so renumbered, ~~ following 8ub1eclion shall be inserted namely:-"(2) for the removal of doubt it la hereby ~clafed that the amount $pecified in tile fifth column 6f tlle scliedu1eaiiii'iit any coal mine or group of coal mines apecifted in the &ecoid" cotumn of the did schedule and requited to be given by the ·cntril ocnernmeni to its owner under sub~ection(l), shall be deemed 110 melude, and deemed always to have included, the amounts requirea to be paid to "uch owner in respe'rt of all coal in stock or other 'assets referred to in clause (h) of section 2 'on the date finmediately before the appointed day and no further amount shall be payable to the owner in respect of tueb coal or ottmr~a8lets" 14 for section 14 of the coal mines act, the fonowing section shall 0 be ubstituted, namely;-3ubatlltutien of neweection lor aecwm 14 14 cii im7"14 notwithstanding anything contained tn the industrial dispute act, im7, or in any other law for the time being'in force, the services of any officer or other employee employed in a coal mine shall be liable to be transferred to any other coal mine and such tran!'lfer shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim hall be entertained by 8kj court, tribunal or other authority!' 15 in section 18 of the coal'mines aet __lial;!wty of oaleer or otdiiw employee of aeoal mine lor transfer to any , other cloal arlu ~ ~t~'t ~ ~i1 (a) in sub-section (2), tlie 'words figiires and leiters , and simple inte1"estat the rate' 6f· tour per cent,· per annuin on such amount tor the period eouiiiiencli1g on tb'~ 1st "etay of july, 1'075 and ending on the ciidie of payment of l'bchamouflt to the cominiuioner" ahall be inaerted at the end; (ll) in s11b:sectf6h (5), tl1e'wo~, brac1i:ets and' figure "and shall also be payame'to the c6ifunii~{oiier m addition to the um referred to in sub-section (1) t, ahall be inserted at the end it in s~ction 19 of the coal'truies act-" (a) for sub-aeetion (4), the tollowing ,,~ ihall lje'tltl'bttituted, namely: - - t (4) the liabiliiiel of the cod mm (dot lmfbtg lta'bllftfa ~g out of advance made by the central government or the goverriiilent eompany), which eould nat he ditc:harged by the appotiited day, may s dilcharjed - tbe ci government or tho go~ent·cqmpany up to the specified date out of the reau-liations effected before or after the appointed duy or out of advances or bol'rowings made up to the specliie;:j late and every payment so made shall be included in the statement of accounts as on the date immediately ·before the appointed day indicatina 5 therein the period in relation to which the payments were made and the paymenta so made shall not be called in question in any court: provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before 10 the specified date, shall be the liabilities of the owner of the coal mine"j (b) after sub-section (7), the followine sub-section and explanation shall be inaerted, namely:-'(8) the tatement of accounts audited under sub-section (6) 15 shall, unless the contrary is proved, be conclusive proof in resm pect of every matter entered therein expzanation-for the purposes of this section, "statement of accounts" means a statement in the form of receipts and pay~ ments, and does not include any statement that may be prepared 110 as a result of the closing and balancini of the books for the p~ paration of the prclfit and loss account and balance-sheet or any statement prepared in accordance with the normal commercial practice' - 17 for section 25 of the coal mines ad, the following ~ection shan 8s be substituted, namely:-8ubltitv-tio of 1;1 new_ tion for action 25 becove17 of exceas payments macleby ctral governmentor custodiie '25 any amount in excess of payments over receipts in the statement of accounts prepared under section 19 shall be deemed to be an amount advanced by the central government or the custodian, as the case may be, for the management of a coal mine during the so period in which the management of such coal mine remained vested in the central government and the central government may make a claim to the commissioner for such excess payment and such claim shall have pnority over the claims of all other unsecured creditors of the coal mine, including those referred to in sub-section (2) of 35 section 22-expzanation-in this section, "custodian" means the custodian appointed under the coal mines (taking over of management) act, 1973' 18 in section 26 of the coal mines act, after sub-section before the explanation, the following sub-section shall be (5) and 40 " inserted, namely:- co (6) where the amount specified in the fifth cqlumn of the schedule" is relatable to a groud of coal mines, the commissioner shall have power to apportion such amount among the owners of 4' such group, and in makine such apportionment, the commissioner shall have regard t8 the htghelt annual production in the coal mine during the three yean immediately pucedine the appoidtea day" 19 notwithstanding any judgment, decree, order or· direction of vakda any court to the contrarytiad 10 15 slo (a) every amount paid to the owner of every coking coal mine or group of coking coal mines under section 10, or of every coke oven plant under section 11, of the coking coal act, or to the owner of every (;qui mine or group of coal mines under section 8 of the coal mines act (hereafter in either case referred to as the owner) shall he deemed to include and be deemed always to have included, the amounts required to be paid to the owner in respect of the coal in stock or other assets, coke in stock or other assets, referred to in clause (j), or clause (b) of section 3 of the coking coal act or, as the case may be, coal in stock or other assets referred to in clause (h) of section 2 of the coal mines act, on the date immediately before the apopinted day as if the provisions of section 10, or section 11 of the coking coal act or, as the case may be, section 8 of the coal mines act, as amended by this act, had been in force at all material times, and no such payment shall be called in question in any court on the ground that it had not included the value of such coal or coke or other assets; ,,, (b) every statement of accounts or supplementary statement of accounts prepared by the central government or the government company under :-cction 22 of the coking coal act or under section 19 of the coal mines act, shall be deemed to have been validly prepared as if the l,rovi;ions of section 22 of the coking coal act or, as the case may be, section 19 of the coal mines act, as amended by this act h~d heen in force at au material times, and no such sta~ ment of accounts or supplementary statement of accounts shall be callcd in question in any court t)n the ground that it had not been prepared in accordance with the normal commercial practice or that any item has or has not been inc:1uded in such statement, and accordingly, no suit or other legal proceeding shall be maintained ef continued in any court,-35 (i) for the recovery of any sum on the ground that the amount paid to the owner under section 10 or section 11 of the coking coal act or under section 8 of the coal mines act, does not include the amoun ts required to be paid in respect of all coal or coke in stoek er other assets referred to in clause (a); or 45 (ii) for the recovery of any !um as being the excess of realisa-1ions over lbbilities on the ground that the statement of accounts ijr supplementary statement of accounts required to be prepared under section 22 of the coking cl)al act or, as the case may be, section 19 of the coal mines act, had not been prepared in accordance with the normal commercial practice or that any item has or has not been included in such statement expzanation-in this section,-(a) "appointed day" meana,-(i) in relation to the cpkidg coal act, the let day of mlr i972j and ' (ii) _wmj~ w ~ ~"'a~, ~ lit dp)" of ~7t(b) "re~~ti9m" ~ "·uapw_~ h"", ~ ",m, meaninp as in ,ection 22 of the cokine coal act or, u ~ <:~ may be, locti9" 19 of the coal minea act fa u) the c~l ¥i_ nat4cma1i •• ijqp xwi (~nwnent) o"di ~, 1~, is ~rti~y ~ (2) notwithstanding u~h repeal, ~ything done or ~y action taker und~r the coking coal act or ~ coal min~ act, as amended by the 10 '~4 o~~, ~han be deeme(i t9 q,ave ~n d~ne or taken under· the cokii\g coal act 9r, thj c ~ar bel ~ cqij }{1ne~ act, i1j ameij~ed by tnt ~ after the nationalisation ot coal mines in india under thtt cokinl coal mines (natlonalisation) act, 11172 (cokin, coal act) and the cold mines (nationalisation) act, 1973 (coal mines act), certain judicial llronouncements in regard to the interpretation of the provisions ot the said acts necessitated a few amendments in the relevant provisioll& of those acts 1t was also found necessary to remove certain ambijuities and difficulties in implementing those provisions the coal mines nationalisation laws (amendment) ordinance, 1986 (7 of 1986) was thus promulgated by the president on the 7th october, 1986 to make certain amendments in the above two acts some of the important amendments which the ordinance proposed were as follows:-ta) the definition of "mine" ill the coking coal act and the l:oal mines act included all coal and coke belonemg to the owner of the mine whether in stock or in transit and all coal under prod·uction in a mine on a day immediately pnor to the date on which thecoa1 mines were nationalised accordingly, the amounts specified in the schedules to the two acts included the value of the coke and cuaj in stock lying at the mines at the time of nationalisation th~ supreme court, however, in a recent case, while agreeing with the contention that the coke and coal stocks lying at the mine vested in the government as a result of nationalisation, took the view that the value of coke and coal stocks had to be taken into account for balancing the position of accounts as on the date immediately preceding the date of nationaiisation this would have involved double payment of the aiddunt in as much as the value of the cl)ke and coal stocks had already been included in the amounts mentioned jn the schedules to the acts against each coal mine in order to make the intention clear, sections 10 and 22 of the coking coal ak:t and sections 8 and 19 of the coal mines act were amended, retrospectively' to remove any doubts in the matter and to clarify that the amounts specified in the schedules to the relevant acts shau also be deemed to include the amounts required to be paid to the owner in respect of the stock of coke and coal or other assets referred to in the definition of "mine" in the relevant acts necessary provision v~1idating the action taken under the two acts wae also made (b) with the commencement of the coal mines (nationalisation) amendment act, 1976 on 29-4-1976, carrying on of coal mining operation or leasing for mining coal by any private party were ~rohibited thus, section 4 (2) of the coking coal act and section ;-1 (2) of the coal mines act became redundant and were omitted with effect from 29-4-1976, with a saving clause to protect action, if any, taken under the existing provisions a provision for correc1iun of an error, omission br mis-description was also added to section 3 of the coal mines act, on the lines ot a similar provision in the coking coal act (c) section 25 of both the acts was amended so as to clarity that any amount in excess of payment over receipts in the statement of accounts prepared by the coal companies shall be deemed to be the amount advanced by the central government or the custodian ' (d) section 26 of b~th the acts was also amended to empow~r th~ commi~ioner of paymentl$ to make apportionment of the amount ~~>ng tbe vapous owners on t1:le basis of the highest anll1:la1 pr¢uctior;l in tbe r~levant coal mines during the last 3 y~rs i~~~ia~ely px:eceding the appointed day 2 the bill seeks to replace the above mentioned ordinance it also seeks to make certain further amendments of a clarificatory nature, which have been explained in the memorandum annexed to this bill new delhi: vasant sa the the 6th nooember, 1986 clauses 7 and 15 of the bill, respectively, provide for tjle payment, by the central government, of simple interest at the rate of 4: per cent per annum on the management period surplus amount, to the ex04~'" of the coal mines nationalised under the coking coal act and the coal mines act fcu- the period commencing ~mediately after the lpeclfted date viz, 1-4-1973 under section 22 (3) of the coking coal act and 1-7-1973 under se~tiori 19 of the coal mines a<!t to the date of payment of the said amount to the commissioner expenditure on account of ~!lyment of interest under clauses 7 and 15 of the bill, if enactid would hkaiy to ,_ ,i, - , ",' - ~ be of the order of about rupees one crore however, t;tte am punt is :not chargeable to the consolidated fund of india inasmuch as the oovem'-ment companies were managing the coal mines before nationalisation on behalf of the' central government and on nationalisation, such coa1 mines vested in the government companies who had to pay the manap ment period surplus to the commissioner of 'payments immediately after the specified dates as the ways and me,ans ~sition 9f the ~ow,mm~~~ cornpanies were not comfortable, the government extended nen-plan support in the form of loan, a part of which was utiliseci for pa~~t of the management period surplus with simple int~t~st at the rate" ~ ~ ~r cent to the commissioner of payments ali the non-plan loan is repayable to government with interest, the question of outgo of funds from the consolidated fund of india does not arise ' 2 the bill, if enacted and brought into op~r,~ion, would not involve any expenditure from the consolidated fund of india the coal mine nationalisation laws (amendment) bill, 1986 which aeeb to repeal and replace the coal mines nationalisation laws (amendment) ordinance, 1986, proposes to make the following modifications, apart hmn modifications of consequential or drafting nature in the provisions contained in the said ordinance, namely:- (vide clauses 2 and 11 of the bill)(1) the amendments made to section 4 of the coking coal act, and section 3 of the coal mines act are being made retrospective from 1~19'72 and 1-6-1973 respectively instead of from 29-4-1976 similarly, the amendments made by clauses 7 and 15 of the bill are being made retrospective from 1-4-1973 and 1-7-1976 respectively, which are the specifted dates in the aforesaid acts (3) clause 5 of the bill proposes to insert a new sub-section in section 11 of the coking coal act on the lines of sub-section (z) of section 10 of that act so as to avoid any possible litigation from the erstwhile owners of coke-oven jllants on the ground that the value of coke had not been included in the amount of compensation paid to them (3) sections 21 (5) and 18 (5) of the coking coal act and coal mines act respectively are being amended to provide for the payment of interest on the amount of compensation aleo to the commissioner (tnde clauses t and 15 of th4p bul), extracts !-rom the coiong coal mines (nationallsa'l10n) act, 1972 (38 or 1972) - •acquisi· tion of riahts in coking coal mines 64 of 1971 central government to be the lessee of the state government (2) for the removal of doubts, it is hereby declared that if, after the appointed day, any other coal mine is found, after an investigation made by the coal board, to contain coking coal, the provisions of the coking coal mines (emergency provisions) act, 1971, shall, until that mine is nationalised by an appropriate legislation, apply to such mine - - - - - 6 (1) where the rights of an owner under any mining lease granted, or deemed to have been granted, in relation to a coking coal mine, by a state government or any other person, vest in the central government under section 4, the central government shall, on and from the date of such vesting, be deemed to have become the lessee of -the state government or such other person, as the case may be, in relation to such coking coal mine as if a mining lease in relation to su~h coking coal mine had been granted to the central government under the mineral concession rules the period of such lease being the entire period for which such lease could have been granted by the state government or such other person under those rules and, thereupon, all the rights under such mining lease including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vest~d in, the central government (~) on the expiry of the tenn of any lease referred to in sub-section (1), such lease shall, if so desired by the central government be renewed, on the same terms and conditions on which the lease was held on the appointed day, by the lessor for the maximum period for which such lease can be renewed under the mineral concession rules - - - - - 14 of 1947 employment of certain employees to coiltinue 1'1 (1) every person who is a workman within the meaning of the industrial disputer act, 1947, and has been, immediately before the appointed dav, in the employment of a cokin~ coal mine or coke oven plant shall become, on and from the appointed day an employee of the central govemment or, as the case may be: of the government company in which the ri~ht, title and interest of such mine or plant have vested under this act and shall hold office or' service in the cokin~ eaal mine or coke oven plant as the case may be on the same terms and conditions and with the same rijthts to pension in'atuitv and other matter!! as would have been admissible to him if the ri~hts in relation to such cokin~ coa1 mine or coke oven plant had not been transferred to and vested in the central government 01' government company as the case may be, and continue to de io unless and until his employ-14 of 1947 14 of 1947 ment in such coking coal mine or coke oven plant is duly terminated or until his remuneration, terms and conditions of employment are duly altered, by the central government or the government company (2) the central government or the government company in which the right, title and interest in relation to a coking coal mine or coke oven plant have vested, may employ, on mutually acceptable terms and 'conditions, any person who is not a workman within the meanlng of the industrial disputes act, 1947, and who has been, immediately before the appointed day, in the employment of a coking coal mine or coke oven plant, and on such employment the said person shall become an employee of the central government or the government company, as the case may be (3) save as otherwise provided in sub-sections (1) and (2), the services of every person elllllloyed by the owner or occupier of a coking ooal mine or coke oven plant before the appointed day shall stand terminated on and from the specifted date \ (4) notwithstanding anything contained in ~e industrial disputes act, 1947, or in any other law for the time being in force the transfer of the services of any officer or other employee f!'om a coking coal mine ol' coke oven plant to any other coking coal mine or coke oven p~8nt shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court: tribunal or other authority (5) where, under the terms of any contract of service or otherwise, any person whose service becomes terminated, or whose service hecomes transferred to the central government or a government company by reason of the provisions of tms act, is en\itled to any payment bv way of gratuity or retirement benefit or for any leave not availed of, or any other benefits, such person may enforce his claim a!!ainst the owner of the coking coal mine or coke oven plant, as the case mav be, but not against the central government or the government company - - - - - - zl (1) - - - - payment by the central government to the commissions (2) in addition to the sum referred to in sub-section (1), the central government shall pay, in cash, to the commissioner, such amount as may become due to the owner of a coking coal mine or coke oven plant in relation to the period during which the management of the coking coal mine or coke oven plant remained vested in the central government - - - - - (5) interest accruing on the amount standing to the crec3it of the llcccunt referred to in sub-sectlon (3) shall ensure to the benefit of -the owner of the coking coal mine or coke oven plant, as the case may be - - - - - 22 (1) - - - - - statemeat 01 m:eoudta mrelatioll to the period of managementby the centralgovernm8llt - te -(4) the liabilities of the coking coal mine or the coke oven plant (not being liabilities arising out of advances made by the central government or government company), which could not be discharged by the appointed day, may be discharged by the central government or the government company up to the specified date, and every payment made for the settlement with the owner shall be included in the statement of accounts as on the 30th day of april, 1972, indicating therein the period in relation to which the payments were made: provided that the liabilities in relation to the period prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the owner of the coking coal mine or the coke oven plant, as the case may be - - - - 25 every amount advanced by the central government or the custodian, as the case may be, for the management of a coking coal mine or coke oven plant shall be recovered from the income derived by such coking coal mine or coke oven plant in respect of the period during which the management of such mine or plant remained vested in the central government: amount advanced by the central governmmt how to bere-provided that where such incorpe is insuffic,ient to meet in full the covered total amount of the advances made by the central government or the custodian for the management of the coking coal mine or coke oven plant, the central government may make a claim to the commissioder for the deficiency of the amount so advanced and the claim in respect of such deficiency shall have priority over the claims of all other unsecured creditors of the coking coal mine or coke oven plant 64 of 1971 explanation-in this section, "custodian" means the custodian appointed under the coking coal mines (emergency provisions) act, 1971 - - - - - - extraocts from the coal mines (nationalisation) act, 1973r (26 of 1973) - - - - - 3 (1) - - - - - 15 of 19tj acquisi_ tion of rights ot owners ;n respect of coal mines is of 1973 (2) for the removal of doubts, it is hereby declared that if, after the appointed day, the existence of any other coal mine comes to the knowledge of the central government, the pr,?visions of the coal mines (taking over of management) act, 1973, shall, until that mine is nationalised by an appropriate legislation, apply to such mine - - - - - (4) where a mining lease stands terminated under sub-section (3), it shall be lawful for the central government' or a government, company or corporation owned or controlled by the central government to obtain, notwithstanding anything contained in sub-section (2), or in the proviso to sub-section (2) of section 3 of the coal mines (taking over of management) act, 1973, a prospecting licence or a mining lease in respect of the whole or part of the land covered by the mining lease which stands so terminated centrai sovemment to be the lessee of the state government ( (1) where the rights of an owner under any mining iease granted, or deemed to have been granted, in relation to a coal mine, by - state government or any other person, vest in the central government under section 3, the central government shall~ on and trom the date of such vesting, be deemed to have become the lessee of the state government or such other person, as the case may be, in relation to such coal mine as if a mining lease in relation to such coal mine had been granted to the central government and the period of such lease shall be the entire period for which such lease could have been granted by the state government or such other person under the mineral concession rules, and thereupon all the rights under such mining lease, including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vested in, the central government (2) on the expiry of the term of any lease, referred to in subsection (1), such lease shall, if 10 desired by the central government, be renewed, on the same terms and conditions on which the lease was held, immediatel~ before t,he appointed day, by the lessor, foi1 the maximum period for which such lease can be renewed under the mineral concession rules - - - - - kmploymentol certain employee to continue 14 (1) every person who is a workman within the meaning of the industrial disputes act, 1947, and has been, immediately before the 14 of 1947 appointed day, in the employment of a coal mine shall become, on and from the appointed day, an employee of the central government or, as the case may be, of the governme~t company in which the right, title and interest of such mine have vested under this act, and shall hold office or service in the coal mine with the same rights to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such coal mine had not been transferred to, and vested in, the central government or the government company, as the case may be, and continue to do so unless and until his employment in such coal mine is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the central government or the government company (2) the central government or the government company in which the right, title and interest in relation to a coal mine have vested, may employ, on mutually acceptable tenns and conditions, any person who is not a workman within the meaning of the industrial disputes act, 1947, and who has been immediately before the appointed day, in the employment of a coal mine, and on such employment the said person shall become an employee of the central government or the govemment company, as the case may be (3) save as otherwise provided in sub-seations (1) and (2), the services of every person employed by the owner or occupier of a coal mine before the appointed day shall stand terminated on and from the specified date 14ot 1947 (4) notwithstanding anything contained in the industrial disputes act, 1947, or in any other law for the time being in force, the transfer of tke services of any officer or other employee of a coal mine to any other mine shall not entitle such officer or other employee to any oompensation under this act or any other law for the time being in force and no such claim shall be entert~e(f by any court, tribunal or other authority (5) where, under the terms of any contract of service or otherwise, any person whose services become terminated or tnhose services become transferred to the central government or a government company by reason of the provisions of this act is entitled to any payment by way of gratuity or retirement benefits or for any leave dot avafied of, or any other benefits, such person may enforce his claim against the owner of the coal mine but not against the central government or the government company - - - - - 18 (1) - - - - paymlllt by the central govern ment to the commis~ionor (2) in addition to the sum referred to in sub-section (1), the central government shall pay, in cash, to the commissioner, such amount as may become due to the owner of a coal mine in relation to the period during which the management of the coal mine remains vested in the central government - - - - - (5) interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (3) shall enure to the benefit of the owners of coal mines 19 (1) - j:ip" • - - - - (4) the liabilities of the coal pine (not being liabilities arising oul of advances made by the central government or the government company), which could not be discna:rpd by the appointed day, may be state mentof aceounte in respect ofth8 period of managementb7 ue central govemment, etc 15 of 1973 amounts advbrced by the central govern ment how to be recovered disc~~~ge~by ~e oc~tr~ oqov~~en~oor ~e g~ye~e~t ~:mr~y ~p to the specifi~ : 4a~, li;ndev~ry ''pa~~t ~~ ~adq~j l?e included' in the statement of accounts· as on the day immediately' before the appointed day, indicating therein the period in relation to which the payments were mad~: provided that the liabilities in relation to the period p,rior to the appointed day which have not been discharged on or before the speci1led date shall be the liabilities of the owner of the coal mine - - - - - 25 every amount advanced by the central government or the custodian, as the case may be, for the management of a coal mine during the period in which the manageim!nt of such coal mine remained vested in the central government, shall be recovered from the income derived from the transactions which took place at any time after the commencement of the coal mines (taking over of management) act, 1973, but before the appointed day notwithstanding that such income was derlved after t~e appointed day: provided that where such income is insutdcient to meet in full the total amount of the advance made by the central government or tb custodian far the management of the coal mine, the central government may make a claim to the commissioner for the deficiency and thereupon the claim in respect of such deficiency shan have priority over the claims of all other unsecured creditors of the coal mine includtnjr those referred to in sub-section (2) of section 22 explanatw'i\-in this section, "custodian" means the custodian appoint~un4~_1h,;_~ min~s (taking over of management) act una ,or:" - o·v - - - ' a billfurther to amend the coking coal mines (nationalisation) act, 15m and the coal mines (nationalisation) act, una (aft "'glmf sdthe~ mimater of e~) | Parliament_bills | 605f36da-973c-5f69-8b75-5d3ad49ceb2e |
bill no 9 of 2017 the constitution (amendment) bill, 2017 by adv joice george, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—amendment of article 2532 in article 253 of the constitution, the following proviso shall be added at the end, namely:—"provided that a treaty, agreement, convention or decision affecting the interests of one or more states of india, shall be implemented only if it is ratified by the legislatures of affected states by passing of resolutions to that effect"5 statement of objects and reasonsthe power to enter into treaties, agreements and covenants or conventions is vested with the executive there can be no dispute with the proposition that a treaty, agreement, covenant or convention may contain clauses having deleterious effect on our economy and the life and livelihood of our citizens in a federal system, the clauses of agreements, treaties, covenants and conventions may have very serious impact on the lives of the people living in a particular region or a state but there is no mechanism in our constitution to consider the opinion of the people who are affected by the laws enacted to give effect to international commitments hence, it is necessary to have a constitutional provision requiring ratification of treaties or agreements or conventions entered into by india, with other countries or multilateral organisations affecting the interests of states by legislatures of those states by passing of resolutions to that effect before implementation of such treaties, agreements or conventionshence this bill annexure extract from the constitution of india| ||------------------|| legislation for || giving effect to || international || agreements |253— notwithstanding anything in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body| | | | | | | ||------|------|------|------|------|------|-----|———— a billfurther to amend the constitution of india————(adv joice george, mp)gmgipmrnd—4061ls(s3)—24012017 | Parliament_bills | 338a5684-b565-5db9-a8be-03b765eea41a |
bill no z5 of 1_ the appropriation (no2) bill, 1986 a billto provide fo, the "uthorisation of appropriation of 'i'lldmy, out of the comolidczted fund of india to meet the gmoufttb spent 071 certcdn services during the :fincllncial ye", ended on the 31at uy of mgt'ch, 1984, in e:ccess of thje amounts gr"nted for those ben1ice clnd for that ye,,", i be it enacted by parliament in the thirty-seventh year of the ftepublic of india as follows:-1 this act may be called the appropriation (no2) act, 1986 short title 2 from and out of the consolidated fund of india, the sums specified 5 in column 3 of the schedule, amounting in the aggregate to the sum of eighty crores, ninety-four lakhs, ninety-seven thousand, seven huncired and sixty rupees shall be deemed to have been authorised to be paid add applied to meet the amount spent for defraying the charges in respect of the services specified in column 2 of the schedule during the ftnancial 10 ye8!' ended on the 31st day of march, 19m, in excee of the amounts granted for those services and for that year - issue 01 rs bo,h, 97,760 out of the oiuou· datal jluaclof iddla to meet certatn expendi turetor the year ended on the31at march, 1984 appropria-3 the sums deemed to have been authorised to be paid and applied lioa from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes expressed in the sdieclujej in rehtioll to the fidadcial year eoded on the 31st day of march, 1984 5 -----__-----_ '--- -- • _--_- --__--total n • 5 of vote ! voted portion ____________ __ ------ -------1 ra its ita i 17 capital outlay or poiti and i tele,raphl capital 4,8, ,28,839 481•28,83,) 15,87,57,204-10 20 defence service5-navy revenue, '5,87,57204-'5,26,,781 22 defence servic:ell-pedlions revenue 15,26,44,781 23 capital outlay on defence' service! capital 28,06,91,426 2'06,91,426 72,70,8r8 34-customa capital 72,70 ,128 3,5 1,or,g06 7,01,44 53 15 40 i penaions revenue 3,51,01,906 i 57 chaadiprb revenue 701, 53 5,3421,1 capital 530411,, 1 li!i's&eso 7' 1'-reveaue i ~33i,~ ",!40!l7,7h i i twral i ",m,!!7,," statement of objects ,flnd reasonsthis bill is introduced in pursullnce 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 expenditure incurred in excess of the appropriations charpd on the fund and the if8ilts made by the lok sabha for eqenditure of the central goftrmnent, excludillj railways, for the financial year ended on the 31st day of march, 1984 vishwanath pratap singh president's recommendation under article 117 of the constitution of india[copy of letter no f 4(11)-b(se)/86, dated the 7th march, 1_ ftojil shri janardhana poojaty, minister of state in the mlmtry of finance to the secretary-general, lok sabba] the president, having been informed of the subject matter of the proposed bul to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 1984 in excess of the amounts granted for the said services and for that year recommends under clauses (1) and (3) of article 117 of the constitution read with clause (2) of article 115 thereof the introductiojl of the appropriation (no2) bill, 1986, in lok sabha and also recommends to lok sabha the consideration of the bill 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 during the financial year ended on the 31st day of march, 1984, in excess of the amounts granted for those services and for that year (shrl y,,",,, p1tiiiip singh, minister oj finance) | Parliament_bills | a9eaff25-19b8-5fde-a3bb-04ae2af43ce1 |
biu no 10 of 1989 the constitution (sixty-fifth amendment) bill, 1989 a billfurther to amend the constitution of india be it enacted by parliament in the fortitth year of the republic of india as follows:-1 (1) this act may be called the constitution (sixty-fifth amendment) act, 1989 title and ---com-s (2) it shall come into force on such date as the central government mence-mento may, by notification in the official gazette, appoint 2 in part ix of the constitution, after chapter i, the following chapters shall be inserted, namely:-irisertion of new chaptel'l ii to v 'chap'rli1r n-nagar panchayats10 243n (1) there shall be constituted in every state a nagar panchayat (by whatqver name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area, in accordance with the provisions of this part constitu-, tion, etc • " of na'pr , '," panchyat (2) the governor of a state may, having regard to the density t; of population, the revenue generated for local administration, the perce,ntage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification an area with a population of about ten thousand or more but less than twenty thousand, to be a transitional area for the purposes of clause (1) s (3) notwithstanding anything in clauses (1) and (2), the governor may, by order, declare that any town committee, town area committee, notified area committee or any other similar body (by whatever name called) existing immediately before the commencement of the constitution (sixty-fifth amendment) act, 1989, in 10 relation to an area having a population of less th::tn ten thousand, shall be deemed to be a nagar panchayat for the purposes of this part (4) the legislature of a state may, by law, endow the nagar panchayats with such powers, authority and responsibilit'es referred 1 s to in article 243e and article 243u as may be specified in such law chapter hi-municipalities243-0 in this part, unless the context otherwise requires,-definitions (a) "metropolitan area" means one or more contiguous agglomorations having a population of about twenty lakhs or more, 20 comprised in one or more d:stricts and consisting of two or more municipalities or panchayats or other adjoining areas, specified by the governor of a state by public notification to be a metropolitan area for the purposes of this part; (b) "municipal area" means the territorial area of a muni- 2s cipality; (c) "municipality", that is to say, nagarpalika, means an institution (by whatever name called) of self-government for the urban areas constituted in accordance with the provisions of article 243p, and includes a nagar panchayat 30 243p (1) there shall be constituted in every state, in accordance with the pro\"isions of this part,-constitution of municlpalitie' (a) a municipal council for an urban area having a population of about twenty thousand or more but less than three lakhs; (b) a municipal corporation for an urban area having a 3s population of about three lakhs or more (2) notwithstanding anything in clause (1), the governor of a state may, by order, declare that every municipal corporation existing immediately before the commencement of the constitution (sixty-fifth amendment) act, 1989, in relation to an area having a 40 population of less than three lakhs, shall be deemed to be a munlcfpal corporation for the purposes of this part (3) the legislature of a state may, by law, notwithstanding anything in clause (1) and in clause (2) of article 243n, provide for the constitution of-5 area having a less than five (a) a nagar panchayat for a transitional population of less than ten thousand but not thousand; (b) a municipal council for an urban area having a population of less than twenty thousand but oot less than ten thousand; 10 (c) a municipal corporation for an urban area having a population of less than three lakhs but not less than twenty thousand in the capital of a state, where such area is in an island or a hiljy or a desert terrain 15 243q (1) subject to the provisions of this part, the legislature of a state may, by law, make provision with respect to the composition of municipalities i : composi tion of municipa litiell (2) save as provided in clauses (3), (4) and (5), all the seats in a municipality shall be filled by persons chosen by direct election from territorial constituencies in the municipal area and for this 20 purpose each municipal area shall be divided into territorial constituencies to be known as wards (3) where wards committees are constituted within the territorial area of a municipal council under article 243r the chairpersons of all such wards committees shall also be members of that 25 municipal council (4) where zonal committ·ees are constituted within the territorial area of a municipal corporation under article 243s the chairpersons of an such zonal committees shall also be members of that corporation 10 (5) the legislature of a state may by law, provide for the reore<;ent1ti0l1 in a ml1nicip~litv of pe~ons havin~ special knowledcte or experienc4'> of municipal ::uimini!'ltr::ltion in such manner and subject to such conditions as may be specified in such law: provided that such person~ shall not have the right to vote in 3s the meetings of the municipality ' (6) the chairperson of a municipality shall be elected by, and from amongst, the elected mem~rs thereof 40 (7) no resolution by a municipality for removing the chairperson of the municipality from the office of the chairperson shall be valid and effective unless such resolution bas been passed by a majority of the total number of tj-e elected members of the municipality and by a majority of not less than two-thirds of such mem~ present and voting 243ij (1) there shall be constituted in every state, in accord~e with the provisions of this part, wards committees (by whatever nallle called) within the territorial area of a municipality having a population of one lakh or more 03nstitution and composition of-wards committee (2) the legislature of a state may, by law, make provision with 5 respect t~ (a) the composition and the territorial a",a of a wards committee: provided that the territorial area of a wards committee shall, (i) in the case of a municipal council comprise two or 10 more wards; and (ii) in the case of a municipal corporation, comprise one or more wards; (b) the manner in which the seats in a wards committee shalj be filled by persons chosen by dirert elect!on from the territorial 15 area of the wards committee (3) notwithstanding anything in dause (1) wards committees may not be constituted within the territorial area of a municlpal corporation ref-:rred to in clause (2) of article 243p (4) every member representing a ward! in a municipal area com- 20 pri~ within the tenitorial area of a wards committee shall be a member of that committee (5) the chairperson of a wards comm;uee shall be elected by, and from amoanst, the members thereof 2438 (1) there shall be ('onstituted jn every state, in accordance 25 with the provisions of this part, at a level between the wards committees and the municipal co~ration zonal committees (by whatever name called) within the territorial area of a municip'll corporation constitution and composition of zonal committees (2) the legislature of a state may, by law make provision with 30 r£;ped to the territorial area of a zonal committee (3) notwithstanding anything in clause (1), zonal committees may not be coastruted within the territorial area of a municipal corporation referred to in clause (2) of article 243p (4) the chairpersons of all the wards committees comprised 3s within the territorial area of a zonal committee shan be members of that committee (5) the chairperson of a zonal committee shall be elected by, and from amongst, the members thereof' 243t (1) the provisions of articles 243c, 243d, 2438, 2431, z43j and z43k shall, so far as may be, apply in relation to municipalities and wards committees as they apply in relation to paachayats 5 applica_ tion of certain articles of chapter ito municipa_ ilities, etc (2) the provisions of article 243c shall, so far as may be, apply in relation to the committees constituted under article 243y and article 243z as they apply in relation to panchayats: provided that the reservation of seats in such conunittees shall be detennined with reference to 'the district as a whole and not separately with reference to the pancha~'ats and municipalities ]0 (3) the prov',i'lns of artie'c 24:lf !'h:th, "0 far as may be, apply in relation to municipalities as they apply in relation to pal)chayats (4) the provisions of articles 2438 ancf 24~ shall, so far as may be, apply in relation to zonal committees as they apply in relation to panehayats 15 243u subjl2ct to the provlslons of this constitution, the legislature of a state may, by law, endow-powers, authority and reaponsi_ bihies of municipalities, etc t 20 (a) the municipalities with such power3 and authority as may be necessary to enable them to function as institut'ons of self-government and such law may contain provisions for the devolution of powers and responsibilit:es upon municipalities subject to 'such conditions as may be specified therein, with respect to-(i) the preparation of plans for economic development and social i'ustice; 25 (ii) the pr:rfo'"mance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule; 30 (b) the wards committees or, as the ca~e may bp, the zonal committees with such powers and authority as ma-r be necessary to enabl:-them to carry out the responsibilitie conferred upon them including those in relation to the matten listed in the twelfth schedule 243v (1) the finance commission referred to in clause (2) finance shall review the financial position of the municipalities and make commis recommendations to the governor as tosion 35 (a) the principles which should govern-(i) the determination of the! taxes, duties, tolls and fees which may be assigned to, o,r appropriated by, the municipalities; (u) the distribution between the state and the munici- l'- palities of the net proaeeds of the taxes, duties, tolls and fees which are to be, or may be, divided between them under this part and the allocation between the municipalities of their i'iespective shares of such proceedsj 5 (iii) the grants-in-aid to the municipalities from the consolidated fund of the state; (b) any other matter referred to the finance commission by the governor in the interests of sound finance of the municipalities 10 (2) the finance commission constituted under article 24'30 shall be the finance commission for the purposes of clause (1) (3) the governor shall cause every recommendation made by the finance commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before 1 5 the legislatur~ of the state 243w (1) nothing in chapters ii to v shall apply to the scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244 chapters ii tovnot to apply to certain areas (2) notwithstanding anything in this constitution" the gover- 20 nor of a state may, in his dis<!retion and subject to such exceptions and modifications as he may specify, by public notification, extend chapters ii to v to the scheduled areas referred to in clause (1), or the tribal areas referred to in clause (2), of article 244, comprised within that state 25 continuance of existing laws and mulillcipalities, etc 243x notwithstanding anything in this part, any provision of any law relating to municipalities, wards committees and zonal committees in force immediately before the commencement of the constitution (sixty-fifth amendment) act, 1989, which is inconsistent with the provisions of this part, shall continue to be in 30 force until amended or repealed by a competent legislature or other competent authority or, until the expiration of one year from such commencement, whichever is earlier: provided that all the municipalities, wards committees and zonal committees existing immediately before such commence- 35 ment shall colltin'le·· till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the legislative assembly of that state or, in the case of a state having a legislative council, by each house of the legislature of that state chapter jv-planning40 distrjct planninl 243y (1) subject to the provisions of clause (2), the governor of a state shall by public notification constitute a committee in every panchayat at the district level to consolidate the plans prepared by the panchayets and the municipalities jn the district and to p"pare a draft development plan for the district as a whole, 45 (2) the committee shall consist of such number of persons not exceeding twenty-one as the govemor may, by order, specify and the members of the committee shah be el~ted by, and from amongst, the elected members of the panchayat at the district level 5 and the municipalities in the district in proportion to the ratio between the population of the panchayat at the d1striet level and of the municipalities in the district (3) the chairperson of the p~chayat at the district level shall be the chairperson of the committee 10 (4) the tenn of ofbce of a member of the committee shad come to illl end as soon as he ceases to be a member of the pancbayat at the district l'evel or, as the case may be, the municipauty from which he was elected (5) the committee shah, in preparing the draft development 15 plan,-(a) have regard to-20 (i) matters of common interest between the panchayats and the munic:palitics includinl'r spatial planning sharing of water and other physical and natural resources, the integrated development of ~tructure and (environmental conservation; (ii) the overall objectives and priorities set by the government of india and the government of the state; (iii) the extent and type of available reso1lj'ee8, whether financial or otherwise: 25 (b) consult such institutions and organisations as the govemor may, by order, specify (6) the chairperson of the committee shall forward the development plan, as recommended by the committee, to the govem-30 ment of the state metropolitan planning 243z (1) subject to the provisions of clause (2), the governor of a state shall by public notification constitute a committee in every metropolitan area to prepare a draft development plan for the metropolltan area as a whole 35 (2) the committee shall consist of such number of persons not exceeding thirty-one as the govemor may, by order, specify, of whom,-40 (a) two-thirds of the members shall be elected by, and from amongst, the 'elected members of the municipalities and chairpersons of the panchayats in the metropolitan area in proportion to the ratio between the population of the municipalities and of the panchayats in that area; and (b) the rest 'shad be such penons and such representatives of the government of india and the government of the state and of such organisations and institutions, as the governor may in such order specify (3) thechairp~rson of the committee shall be appointed by s the governor (4) the term of office of an elected member of the committee shall come to an end as soon as he ceases to be a member of the municipality or, as the case may be the panchayat from which he was elected (5) the 'cglnm:ittee shall in preparing the draft development 10 plan,-(a) to-(z) tile plans prepared by die mudidpaiities and the pac yaib in mm'opuiitan area; (ii) idiitter's of common interest between the municipalities is and the panchayats including co-ord:inated spatial plandinr of the area, sharing of water and other physical and natural i'esoune8, the integrated development of infl'bstructure and, environmental conlk"rvation; (iii) the overall objectives 8ild priorities set by the govem- 20 dient of india and the government of the state (iv) the extent and nbture of investment hkely to be made in the metropolibm 8fta by agencies of the government of india ad of the government of the state; (v) file extent and type of available resources, wbether ftmm 25 dal or otberwise; (b) codiuit soda inmitudons uld orgaoisa4ions 1m the governor " by order, specify (6) 'i1ie 0iairpen0n of the conimlttee shad forward fhe demopment plan, i'ecoiiiiiailcled by the commit", to the gom1lment of the st 30 chapter y-miscellaneous243za elections to the panchayats, municipalities and wards committees in every state shall be held simultaneously jdlections to panchayats, municipalities, etc to be held simultane_ ously 243zb (1) a person shall be disqualified for being chosen as and fod being, a member of a panchayat or m'unicipality or wards 35 committee-disqualificatiojlb for membership (a) if he holds any office of profit under the government of india or the govemment of any state, or a panchayat or municipality or wards committee or zonal committee in a state (to ba1as illtrc~:hced i:i i,oi: s:lb:ia) -~'," ' - ,- ~ - ,--- - --- ---l page 2 line 20,-iq~ "agglomorations:' ~~9 ;·ag)lomerationsu 2 page 4 line 24,-foi~ flamognstlt ~ uamongst" 3 page 8, line 35,-new delhi; other than an office declared by the legislature of the state by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; 5 (c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance or adherence to a foreign state; (e) if he is so disqualified by or under any law for the time 10 being in force fo,r the purposes of elections to the legislature of the state concerned; (f) if he is so disqualified by or under any law made by the legislature of the state (2) if any question arises as to whether a member of a pan-15 chayat or municipality or wards committee has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of the governor and his decision shall be final (3) before giving any decision on any such question, the gov-20 ernor shall obtain the opinion of the election commission and shall act according to such opinion 243zc notwithstanding anything in this constitution,-25 bar to interfer_ ence by, courts in clect0ral matters (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243j or under article 243t, shall not be called in question in any court; (b) no election to any panchayat or municipality or wards committee shall be called in question except by an election petition presented to such authority and in such manner as may 30 be provided for by or under any law made by the legislature of a state' 3 after the eleventh schedule to the constitution, the following schedule shall be added namely:-addition of twelfth schedule ''twelfth schedule35 (article 243u) 1 public health 2 sanitation, incl ding conservancy senices, public conveniences solid waste collection and disposal and recycling of waste water , i 40 3 drainage, sewerage and sewage disposal 4 hospitals, primary health centres and dispensaries 5 veterinary services 6 burials and burial grounds; cremations and cremation grounds 7 pounds and the prevention of cattle trespassj prevention of cruelty to animals 8 vital statistics including registration of births and deaths 9 prevention of adulteration of foodstuffs and other goods 10 communications, including roads, bridges, rerries, municipal 5 tramways, ropeways and inland waterways 11 city passenger transport and other vehicles, whether propelled mechanically or otherwise 12 maintenance of community assets 13 works, lands and buildings vested in or in the possession of i() the municipalities 14 fire services 15 welfare of the' weaker sections, and in particular, of the scheduled castes and the scheduled tribes 16 social welfare, including welfare of the handic'apped and men· is tally retarded 17 women ani child development 18 family welfare 19 education, including primary and secondary schools 20 technical training and vocational education 20 21 adult and non-formal education 22 libraries, museums ani other similar institutions 23 water supplies for drinking, industrial and commercial purposes 24 urban electrification, including distribution of electricity 25 25 non-conventional energy sources 26 town planning, including heritage conservation, urban arts and aesthetics 27 urban housing 28 parks, play grounds and recreational facilities 29 regulation and promotion of land use and buildings 30 slum improvement 31 urban forestry 32 investment, promotion and development of industrial and commercial estates 3-5 33 urban poverty-alleviation programmes 31 public distribution system 35 cultural activities 36 licensing of theatres and dramatic performances 31 pilgrimages" a review of the working of the urban local bodies has shown that in many states they have become weak and inet!ective on account of a variety of reasons, including the failure to hold regular and periodical elections, prolonged supersessions, inadequate representation to the weaker sections like the scheduled castes, the scheduled tribes and women, lack of financial resouroes and inadequate devolution of powers and responsibilities upon them 2 having regard to the inadequacies in the existing system and keeping in view the need to endow urban local bodies with such powers and authority as are necessary to enable them to function effectively as units of local self-government, it is proposed to add n~w provisions in the constitution relating to the municipalities, that is to say, the nagarpalikas 3 the bill proposes, inter alia, to-(a) make provisions for the constitution of three types of nagarpalikas: (i) nagar panchayats for transitional area, ie, areas in transition from rural to urban with a population between 10,000 and 20,000; however, the governor is being ~mpowered to declare the existing town committees, notified area committees, etc, with a population of less than 10000 as nagar panchayats; (ii) municipal councils for urban areas with a population between 20,000 and 3,00000; (iii) municipal corporations for urban areas with a population exceeding 3,00,000; however, tbe governor is being empowered to declare the existing corporations with a population of less than 3,00000 as mun:cipal corporaticlds; (b) make provisions for the constitution of wards committees in nagarpalikas with a population of more than 1,00,000 and, in the territorial area of municipal corporations, of zonal committees at an intermediate level between the wards committees and the municipal corporation; (c) provide for seats in nagarpaukas, including nagar panehayats, and wards committees to be fuled by direct eloection and for zonal committees to be constituted by the chairpersons of the wards committees comprised within the territorial area of the zonal committees; however chairpersons of wards committees shall be represented in municipal councils and chairpersons of zonaj committees shall be represented in municipaj corporations; (d) provide for reservations in nagarpalikas, including the nagar panchayats, and wards committees to ensure the due representation of the scheduled castes, the schedul'ed tribes and women; (e) ensure a fixed tenure of five years for the nagarpalikas, including the nagar panchayats, and wards committees; howev~r, if a nagarpalika or a wards committee is dissolved before the expiry of its term, provision is made for the conduct of elections within a period of six months of its dissolution to reconstitute the body for the remainder of the term; (f) provide for the devolution by the state legislatures of powers and responsibilities upon the nagarpalikas, wards committees and zonal committees with respect to the preparation of plans for 'economic development and social justice and for the implementation of development schemes; (g) make provisions for the constitution of a committee at district level for harmonising and consolidating the plans of panchayats and nagarpalikas in the district and preparing a draft development plan for the district as a whole; (h) provid~ for filling of seats in the committee at the district level by election from and amongst the members of the panchayat at the district level and the nagarpalikas in proportion to the ratio of the population covered by them respectiv'e1y; (i) make provrsion for constituting a committee for metropolitan areas for preparing, in association with other agencies concerned, a draft development plan for the metropolitan area as a whole; (j) provide for the sound finance of the nflgarpalikas by securing authorisation from state legislatures for grants-in-aid to the nagarpalikas from the consolidated fund of the state as also assignment to, ot' appropriation by, the nagarpalikas of the revenues of designated taxes, duties tolls and fees; (k) provide for a finance commission to review the fin~nces of the nagarpalikas ~d recommend principhs on the basis of which state legislatures may dete"mine the taxes to be appropriated by, or assigned to, the na~arpalikas as also grants-in-aid to the nagarpalikas from the consohdated fund of the states; (1) vest in the klection commission the superintendence, direction and control of elfjciions to the nagarpalikas, including nagar panchayats and o'ther eleeted committees established under this part; (m) empower the comptroller and auditor-gene"al of india to cause the accounts of the nagarpalikas, wards committees and zonal committees to b'!l audited in such manner as he may deem fit; (n) exempt certain areas and territories from the application of the proposed provisions or empower the president and the governor to modify them in their application to union territories and scheduled areas and tribal areas respectively; (0) specify factors which would disqualify a person from membership of a panchayat or nagarpalika or ward committee; and (p) bar the jurisdiction of courts in matters relating to elections to the panchayats, the nagarpalikas and the wards committees 4 the bill ~eeks to achieve the aforesaid objectives new delhi; rajiv gandhi the 1st august, 1989 clause 2 of the bill seeks to insert articles 243n to 243zc in part ix of the constitution 2 articles 243r, 2438, 243y and 243z envisage the formation of warc-a committees, zonal committees, a committee for consolidating and preparing a dev'e!'lopment plan for a district and a committee for preparing a development plan for a metropolitan area, respectively the constitution of municipal bodies in accordance with the proposed provisions would require certain modifications and readjustments this will call for strengthening the administrative capability of the urban local bodies at various levels and may also imply certain training requirements though the responsibility in this regard would primarily be that of the local bodies concerned and the state governments, the central government may be required to share some portion of the extra expenditure that may be- involved in this process it is, however, difficult to estimate the annual recurring expenditure that will be involved in the exercise as it will depend upon specific decision!! taken bv the state governments in this behalf 3 article 243t provides for auditing of accounts of the municipalities wards committees and zonal committees in such manner as the comptroller and auditor-general of india deems necessary similarly that article provides for superintendence, direction and control of the elections to the municipalities' and wards committees to be vested in the election commission these provisions are likely to increase the work in the office of the comptroller and auditor-general of india as well as in the election commission and may necessitate augmentation of their staff however, both the comptroller and auditor-general of india and the chief election commissioner have indicated that in the absence of details regarding exact worklo8d involved, it would be difficult for them at the present moment to estimate the additional expenditure that wo'illd be involved there will be no other recurring or non-recurring expenditure a bill further to amend the constitution of india (shri ra;iv gandhi, prime minister) | Parliament_bills | 2b9ac762-86a7-55f4-86e5-a85756e82af5 |
bill no 35 of 2010 the ban on witchcraft bill, 2010 by shri om prakash yadav, mp a bill to provide for ban on witchcraft in any form in the countrybe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the ban on witchcraft act, 2010short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—10(a) 'advertisement' means any notice, circular, label, wrapper or other documentrelating to witchcraft and includes any visible representation of witchcraft by means of any video or audio medium but does not include any publication which is of any interest in the field of science, literature, art or learning or of general concern;(b) 'prescribed' means prescribed by rules made under this act; and (c) 'witchcraft' means any act of magic, casting spells or sorcery or voodoo or black magic which is practiced with a view to help or harm other personsbanning of witchcraft53 notwithstanding anything to the contrary contained in any custom of anycommunity, tribe or religion, the practice of witchcraft in any form is hereby banned4 no person shall practise or cause to be practised, promote or cause to be promoted,advertise or cause to be advertised any act of witchcraft in any formban on advertisement of witchcraft in any form punishment5 any person who contravenes the provisions of this act shall be punished withrigorous imprisonment for a term which shall be not less than five years106 notwithstanding anything to the contrary contained in any other law for the timebeing in force, any offence punishable under this act shall be deemed to be a cognizable and non-bailable offenceoffences committed under this act are cognizable and nonbailable7 the provisions of this act shall have effect notwithstanding anything inconsistentcontained therein to any other law for the time being in forceoverriding effect of the act15power to make rules8 (1) the central government may, by notification in the official gazette, makes rulesfor carrying out the purposes of the act20(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 reasonsthe united nations organisation has released a comprehensive report in which it has expressed its concern at the number of murders ascribed to witch-hunting india has been named alongwith other underdeveloped countries as a high incidence zone for witchcraft related killings generally, women are branded as 'witch' and they are harassed, tortured, insulted and even murdered in the name of witchcraft by their relatives or so called witch hunters in cold blood these victims undergo a traumatic experience and suffer a lot throughout their lives such incidents are occurring throughout the country particularly in the tribal areas due to the absence of any specific legislation to deal with the crimes of witchcraft, the assailants are booked under existing ordinary laws all this result in easy acquittal of guilty personsit is, therefore, necessary to enact a law to put a blanket ban on the practice of witchcraft and to provide for stringent punishment for practising or promoting or advertising witchcraft in any form it will also help to prevent the atrocities committed on women in the name of witchcrafthence this billnew delhi;om prakash yadavfebrua0ry 18, 2010 memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make 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 lok sabha———— a billto provide for ban on witchcraft in any form in the country————(shri om prakash yadav, mp)gmgipmrnd—903ls(s5)—12032010 | Parliament_bills | f4ebc1e1-32ee-52cb-b9b2-374ad7354929 |
bill no 28 of 2015 the constitution (amendment) bill, 2015 by shri sushil kumar singh, 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 (1) this act may be called constitution (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, appoint2 after 21a of the constitution, the following article shall be inserted, namely:—insertion of a new article 21b right to privacy(2) nothing in clause (1) shall affect the operation of any existing law in so far it imposes, or prevent the state from making any law imposing, in the interests of the sovereignty and integrity of india or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause" statement of objects and reasonsthe right to privacy has been recognised as an integral part of right to life by the supreme court in its various judgments, but the same has not been explicitly reflected in article 21 of the constitution till date it is essential that citizens should be guaranteed a right to privacy as a fundamental right moreover, respect for privacy as a right has been recognized in most of the democratic countries therefore, right to privacy is required to be inserted in the constitution so that every citizen can enjoy a dignified life without any arbitrary or unlawful interference or intrusion into his personal life or affairs or those of his familyit is, therefore, proposed to insert a new article 21b in the constitution with a view to make 'right to privacy' as a fundamental right of the citizenshence this bill new delhi;sushil kumar singhnovember 25, 2014 lok sabha———— a billfurther to amend the constitution of india————(shri sushil kumar singh, mp)gmgipmrnd—4322ls(s3)—20-02-2015 | Parliament_bills | 2583d381-7319-5996-84c9-222197cd5446 |
bill nolxxxviii of 2010 the pathological laboratories and clinics (regulation and control) bill, 2010 a billto provide for regulation and control of pathological laboratories and clinics by making their registration compulsory with an appropriate authority and prescribing norms and standards for setting up a pathological laboratory or clinic and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the pathological laboratories and clinics (regulationand control) act, 2010short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effect 2 in this act, unless the context otherwise requires,—definitions(a) 'authority' means registration authority notified under section 4 (b) 'pathological laboratory or clinic' means any laboratory or clinic carryingout any kind of medical test of or on human body or its excreta for the purposes of diagnosing any disease or otherwise(c) 'prescribed' means prescribed by rules made under this act;53 (1) with effect from such date as the central government may by notification inthe official gazette appoint, no person or establishment shall run any pathological laboratory or clinic without prior registration with the appropriate authority in such manner as may be prescribedregistration to be compulsory for pathological laboratory or clinic(2) any pathological laboratory or clinic set up and running before the commencementof this act shall apply for the registration with the appropriate authority within a period of thirty days from the date of commencement of this act10establishment of registration authority4 (1) the central government shall by notification in the official gazetteestablish a registration authority for the purpose of registration of pathological laboratories and clinics under this act(2) the authority shall have its headquarters at nagpur:15provided that the authority may establish as many offices at other places in thecountry as may be necessary for performing functions under this act(3) the authority shall consist of a chairperson and such other members notless than six, to be appointed by central government in such a manner as may be prescribed20(4) the terms and conditions of service of the chairperson and the membersshall be such as may be prescribed(5) the central government shall provide such number of officers and staff asmay be necessary to enable the authority to exercise its power and functions25(6) the authority shall prescribe the norms and various standards to be followedfor running a pathological laboratory or clinicprocedure for registration5 (1) on receipt of an application for registration, the authority shall cause theapplication to be scrutinised and for the purpose may call for such other information from the applicant as may be necessary for registration30(2) the authority shall cause the site of the pathological laboratory or clinic inspectedto have a first hand information of the infrastructure available and the compliance of norms and standards prescribed by the authority in this regard(3) the authority on being satisfied about the various requirements shall, grant aregistration certificate to the applicant in such manner as may be prescribed35(4) the authority shall arrange to inspect the registered pathological laboratory orclinic at least once in every yearcancellation of registration6 the authority may cancel the registration granted under this act if such pathologicallaboratory or clinic fails to comply with the norms and standards prescribed by the authority for the purpose40central government to provide money7 the central government shall, after due appropriation made in this behalf,provide such sums of money as it may think fit for being utilised for the purposes of this actpenalty8 whoever contravenes the provisions of this act and rules made thereunder shall bepunishable with imprisonment which may extend to three years or with fine which may extend to three lakhs rupees or with both45contravention by a company9 where a person committing a contravention of any of the provisions of this act orof any rule, made there under is a company, every persons who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct ofbusiness 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:provided 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 contravention5explanation— for the purpose of this section:—(i) "company" means any body corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm10power to remove difficulty10 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:15provided that no such orders shall be made after the expiry of the period of three yearsfrom the date of commencement of this actoverriding effect of the act11 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the act shall be in addition to and not in derogation of any other law for the time in force20power to make rules12 the central government may, by notification in the official gazette make rulesfor carrying out the purposes of this act statement of objects and reasonsin recent years, there has been sudden spurt in the number of pathological laboratories and clinics in the country there is, at present, no separate effective law to control and regulate the activities of these laboratories and clinics taking advantage of the situation, these laboratories are fleecing the innocent patients many of these laboratories are functioning without proper infrastructure, equipment and trained pathologists some of these laboratories are working in garages and tents under unhygienic conditions in view of this, many of these laboratories and clinics are not carrying out the examination in proper way leading to wrong diagnosis in fact, the persons running these laboratories are actually playing with the lives of the persons going to them for pathological tests and minting money in connivance with doctors who refer their patients to these laboratories/clinics the plight of a patient can very well be imagined who gets himself treated for a diseases only to be informed later on that he was never suffering from that diseaseit is high time that the government should step in and prescribe norms and standards for pathological laboratories/clinics and make provisions for their registration compulsory so as to save the people from this unhealthy business practice playing with their liveshence this billvijay jawaharlal darda financial memorandumclause 4 of the bill provides that there shall be an authority for registration of pathological laboratories and clinics clause 7 provides that the central government shall provide funds for the purposes of the bill the bill, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees fifty crore would be involved from the consolidated fund of indiaa non-recurring expenditure of rupees five crore will also 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 matter will relate to details only, the delegation of power is of normal character———— a billto provide for regulation and control of pathological laboratories and clinics by making their registration compulsory with an appropriate authority and prescribing norms and standards for setting up a pathological laboratory or clinic and for matters connected therewith or incidental thereto————(shri vijay jawaharlal darda, mp)gmgipmrnd—1019rs—(s3)—11052012 | Parliament_bills | 048cc931-9ab6-5dcd-90d8-8f482d380950 |
the indian tariff (amendment) bill, 1961(as introduced in laic sabra on 30th november, 1961) the indian tariff (amendment) bill, 19<>1 (as introduced in lok sabha) a billfurther to amend the indian tariff act, 1934 be it enacted by parliament in the twelfth year of the republic of india as follows:-1 (1) this act may be called the indian tariff (amendment) short title act 96 and com ,1 1 me ncement 5 (2) the provisions of clause (i) of section 2 [ relating to items nos 28(4), 28(33), 28(34) and 30 (14)] shall come into force on the first day of january, 1962, and the remaining provisions shall come into force at once 32 of 1934-10 z in the first schedule to the indian tariff act, 1934,-amendment of pirst (i) in items nos 28(4), 28(33), 28(34) and 30(14), in the schedule last column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1961" wherever they occur, the word, figures 'and letters "december 31st, 1964" shall be substituted; (ii) in item no 28 (7a) , in the second column headed "name of article", for the words "liquid gold for glass making", the words "liquid gold including liquid lustres t'containing chemically combined gold" shall be substituted; 20 (iii) in item no 65(1), in the second column headed "name of article", for the words -nickel, pellets, cakes, slabs, annodes, shots, blocks, granules, scraps and powder", the words "nickel, pellets, cakes, slabs, anodes, shots, blocks, granules, scraps, powder and briquettes" shall be substituted; (iv) for item no 72 (14), the following item shall be substituted, namely:-5 proteclive ispcr cent december 114 31111, 1963 fhjlomn | (a) | the ||------------------------|------------------|| fonowing | || electric | || motors, | || namely | :- || (,) squirrel | || cage | || induction | || motorsand | || llip rin,ldotorl | || of | || a | brake-hone-power || !lot | || exceeding | || 500 | || but | not || ~ | || than | o[\e || power | || esdudina | || variable | || peed | || coiiimutatcir | || _to | || protec::- | || 'tive | || uper | || cent | || | || t | || december | || ad",,,, | || 318t, 1963 | || (ia") | || sinale | || ptwe | || motors | || of | || a | || brake-horse-power | not || ex- | || cceding | || 3 | but || not | lei || one brake-horae-power | |proteclive is percent december ad flglor"" 311l 1963 (iii) fractional hp motorl 0( not ie", than one-quarter of one b-horsc-power pro~ dcc:embcr (ill) fractional bp motprl of iell thad obe-quutk of one brake-hone-power tin m~ 31it 1963 20 (b) december 3ut 1963 protecaopercent tive 114114""'" - component parts of clect$ staotorb as ddlnod in sub-iteml (0, (ii) and (;i,) of item 72 (14) (a) but excluding control ~r for the prqv~ ~t only tucb atticlea ,ball bi:! deetnea to be ~t pana as ate eaential for the working of the electric motors and have been ~_ fort ,om (c) codlpoklcllit ~ of eleic· tdc iiioiun _ cieiaed ld iub-item (ifl) of item 73 (14) (a) (t1) item no '12(ao> ~ ~ oll14~ statement of objects and reasonsthe present bill seeks to amend the first schedule to the indian tarift act, 1934 (32 of 1934), in order to continue protection to certain industries on the advice of the tari1f commission 2 the industries which will continue to be protected are-| serial no | item no | of ||------------------|-------------|-------|| nruf | | || name | of | the || i | | || 28 (4) | | || soda | alh | || 2 | | || 28 | (33) | || calcium | carbide | || 3· | | || 28 (34) | | || ·cauitic | | || soda | | || 4· | | || 30 (14) | | || titanium dioside | | || s· | | || 72 (14) | | || electric motol'l | | |3 opportunity has also been taken to carry out a few amendments of a formal character nzw dlllm; manubhai shah the 16th november, 1!j61 a billfurther to amend the indian tariff act, 1934 the president has, in pursuance of clause (1) of article ii7 of the constitution of india, recommended to lok sabha the introduction of the bill m n kaul, secretary (shri manubhai shah, minister of industry) | Parliament_bills | 2bd09522-9974-5f09-9829-1665e5229759 |
bill no as of 1182 the assam state legislature (delegation of fowers) bill, 1982 a billto confer on the president the power of the legislature ot the state of assam to make laws be it enacted by parliament in the thirty-third year of the republic of india as follows:-short title 1 this act may be called the assam state legislature (delegation of powers) act, 1982 definition, 5 2 in this act, "proclamation" means the proclamation issued on the 19th day of march, 1982 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 256 (e) of the said date 3 (1) the power of the legislature ot the state of assam to make 10 laws, which has been declared by the proclamation to be exercisable by or under the authority of parliament, is hereby' conferred on the president (2) in the exercise of the said power, the president may, from time to time, whether parliament is or is not in session, enact, as a president's 15 act, a bill containing such provisions as he considers necessary: conferment on the president of the power of the state legislature to make laws provided tbat before euactiac any such act, the president sbail, wheaever he codd4iers it pradicable to do 80, codiailt a committee coa, stituted for the p~ con at;nc of thirty ",=t '·01 the iiou8e of the people nomfnated by the speaker and ftiteed members of the coun-20 ell of states nomidated by the chabmad (3) every act enacted by the president under 8ub-aection (2) shall, as soon as may be after enactment, be laid before each house 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 sub-section (3), which period may be comprised in one session 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 10 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 statement of· obje':!ts and reasonsunder the proclamation issued by the president on the 19th march, 1882, the powers of the legialature of the state of assam are now exercisable by or under the authority of parliament such legislative measures as may be necessary for that state can be taken up by parliament only by postponing its business; and even then, it is likely that parliament may not have time to deal with all the legislative measures for the state it is, therefore, proposed that parliament should, in accordance with ~ provi&ioll5 o'fsub-clauae (a) of clause (1) of article 357 of the constitutioni confer by law on the prllident the powers·of the lesislature of the state of assam to make laws for the state the present 'bill is intended to give effect to this proposal, new dblhii the 28th april, 1982 n r laskar the proviso to'sub-clause (2) of clause 3 of the bul provides for the constitution of a committee for consultation regarding president's acts, consisting of 30 members of the house o'f the people and 15 members of the council of states expenses to be incurred in connection with "the meetings of the consultative committee would be met from the conso-lidated fund of india this committee will meet as and when necessary the expenditure is not expeete~ to be large and is not likely to exceed rs 4 lakhs during the period for which the proclamation remains in force the b1l1, if enacted, will not involve any non-recurring expenditure memorandum regarding delegated legislationthe 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 uh:h day of march, 1982, 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 :tforesaid power is required to be laid before each house of parliament and parliament may direct modifications to be made in that 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 b~ required in respect of the state of assam under the exceptional circum'3tances arising out of the is~ue of a proclamation under article 356 of the constitution, this delegation of legislative power is limited to the period during which the aforesaid proclamation remains in force to the extent that it has been usual fer parliament to c~nfer on the president such le'gislative powers~ it can be regarded as of a normal character a billto confer on the president the power of the legislature at the state of assam to make laws (shri n r laskar, minister of state in t7ie minibtry of h01m affairs) | Parliament_bills | 45ed9e26-c891-593f-a973-cecc436d2fa1 |
the central excises (conver- sion to metric units) bill, 1960(as introduced in lok sabha on 18th august, i ¢o ) the central excises (conversion to metric units) bill, 1960 (as introduced in lok sabra)a bill further to amend certain laws relating to duties of excise for the purpose of introducing metric units in such laws b& it enacted by parliament in the eleventh year of the republic of india as follows:-1 (1) this act may be called the central excises (conversion short title to metric units) act 1960 md commen-, cement s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint , ( 1957 ; for the first schedule to the central excises and salt act amendment 1944, the first schedule to this act shall be substituled of act i of 1944-3 in the additional duties of excise (goods of special import- amendment 10 ance) act, 1957,-of act $8 of i9s7 ",', is (a) in section 2, for clause (c), the following clause shall be substituted, namely:-'(c) the words and expressions "sugar", "tobacco", "cotton fabrics", "woollen fabrics" and "rayon or artificial silk fabria;" shall have the meanings respectively aasigned to them in items nos 1,4, 19, 21 and 22 of the first schedule to the central excises and salt act, 1944'; (b) for the first schedule, the second schedule to this act shall be substituted :tac~ 4 in the mineral oils (additional duties of excise and customs) 19,1 act, 1958,-(a) for section 2, the following section shall be substituted, namely:-deftniti011s '2 in this act, "motor spirit", "kerosene", "refined diesel s oils and vaporizing oil", "diesel oil, not otherwise specified" and "furnace oil" shall have the meanings respectively assigned to them in items nos 6, 7, 8, 9 and 10 of the firat schedule to the central excises and salt act, 1944' ; i of 1944 (b) for the table below sub-section (1) of section 3, the 10 following table shall be substituted, namely:-| description | of· | goods ||----------------------------------------|----------------------------|-----------------|| rare· | | || of | additional | duty || i | | || motor | spirit | || fifty-six rupees | and | five naye paise || per | kilo-litre | at || cent'igrade | | || thermomet~r | | || 2 | | || kerosene | | || twenty-six rupees | and | eighty naye || paise | | || perkilo-litft | | || at | | || 'fifteen" degrees | | || of | centigrade thermometer | || 3, rafined diesel | | || oils | | || and | | || vapo- | | || rizing | | || oil | | || thirty-three | rupees | and || 20 | | || paise | | || per: | | || kilo-litre | at | fifteen degrees || of | centigrade' thermometer"," | || nineteen rupees and seventy naye paise | | || per | metric tonne | || 04 | | || diesel oil, | not | otherwise || speci- | | || fied | | || s | | || furnace oil | | || - nineteen rupees" and seventy n's/! | | || 2s | | || paise | per | metric tonne?' |ii f 19s3 ameba' 5 in sub-section (1) of section 3 of the khadi and other handloom ~~~~ ia of industries development (additional excise duty on cloth)a'ct, 19~3, for the words "three pies per square' yard", the figures "and words "1, 9 naye paise per square metre" shall be substituted: 30 6, in the' dhoties (additional e:tcise duty) act, 1953,-- of ips3 amendment of act 39 of 19'3' (a) in section 2, for su1h:lause (iii) of c1iuae' (a), the following sub-clause shall be substltut~d;' namely:":"" "(iii) has a width ranging between 71 centimetres and 137 centimetres; and"; 35 (b) in the schedule, for the entries in the second' column, against items (1), (2), (3) and (4), the ent:ries "fourteen naye paise per metre", "twenty-one naye paise per metre", "twentyseven naye, paise per metre" and "fifty-five naye paise per metre" shall respectively be substituted 33 of 1957 7 in the schedule to the cotton fabrics (additional excise duty) ~~ f s act, 1957, ,for the entries in the second column against items (a), ~9s7~t 33 " (b) (i), (b),(ii), (c) (1), (c) (h), and (c) (iii), the entries "seven naye paise per' square metre", "seven naye paise per square metre", "eleven nelye paise per square metre", "seven naye paise per sq\lare metre", ''eleven naye paise per square metre" and "fourteen naye 10 paise per square metre" shall respectively be substituted 30 of 1958 8 in sub-section (1) of section 7 of the sugar export promotion amendment of act 30 of act, 1958, for the words "seventeen rupees per maund", the words 1958 "forty-five rupees and fifty-five naye paise per quintal" shall be substituted 15 9 nothing contained in this act shall be deemed to affect the savinal validity of any notification, rule or order issued under any of the enactments amended thereby and in force immediately before the commencement of this act merely by reason of the fact that the rate of any duty of excise specified therein has been expressed in 20 terms of annas, pice or pies or with reference to any weight or measure other than a standard mass or measure ltnder the standards of weights and measures act, 1956; and every such notification, rule or order shall, until altered, repealed or amended by the central government or other competent authority, continue to have effect 25 as if this act had not been passed me first schedule (set sectiop 2) schedule to bb insbrtbd in the c!ntral excises and salt act, 1944 - the fffistschedule(s" section 3) rate of duty description of goods item· no (r) (3) (2) i 35 pood sugar, ,produced in a factory ·ordinarily using power in the' course of production of sugar- s~r " means any form of sugar in which die sucrose content, if expressed as a percentage of the material dried to -- , - " ,,, _-_---------,,-----------| description | of | go$ds ||--------------------------------------------------|----------------------------------|-----------------------------------------|| rate | | || of | duty | || item | | || no | | || (i) | | || - | | || constant weight at | | || 105 | | || 0 | | || centigrade, | | || w~u1d | | || be | | || more than ninety | | || s | | || (i) | | || sugar other than khandsar or palmyra twehty-two | rupees | || and fifteen | naye | || paise | | || per | | || quintal | | || (2) | | || khandsari | sugar- | || that | is | to say, sugar in the manufacture eleven || 10· | | || of | which neither a vacuum pan nor a | quintal || vacuum evaporator | | || is | employed | || (3) palmyra | | || sugar- | | || nil | | || 15 | | || that | | || is | | || to say, sugar manufactured from | | || jaggery obtained by boiling the | | || juice | | || of | | || the palmyra palm | | || 2 | | || coffee, | cured- | || forty-one rupees and | | || thirty-five | naye | || paise per quintal | | || 20 | | || " coffee" means the seed | of | the coffee tree || (coffea), | | || whether with or without husk, | | || whether cured or uncured, but does not | | || include the seed while still attached to | | || the tree | | || 25 | | || 3 | | || tea- | | || " | tea" | includes all varieties || duct known commercially | as | tetl, and || also includes green tea | | || not exceeding sixty- | | || six naye paise per | | || kilogram as | the | || (i) | | || tea, all varieties except package tea | | || falling within sub-item | | || (2) | | || of | this | || item | | || central | govem- 3 | || 0 | | || ment may, | by | || notification in the | | || official | gazette, | || fix | | || (2) | | || package tea, that | is | to say, tea packed || in any kind | | || of | container contaijrijtg | || not mote than 27 kilograms net | of | || tea | | || forty-six naye paise | | || 3s | | || per kilogram, | | || plus | | || the· duty for the | | || tittle· being leviable | | || under sub-item | | || (i) | | || of | this item, | if || 4q | | || not already paid | | || description | of ||---------------------|-------|| rate | || of | duty || item | || no | || (3) | || ------------------~ | | beveralel and tobacco tobacco-5 10 " tobacco" means any form of tobacco, whether cured or uncured and whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any part of a tobacco plant while still attached to the earth i unmanufactured tobaccir-per kilogram is (i) if flue cured and used in the manufacture of cigarettes containing-sixteen rupees and fifty naye paise (t) more than 60 per cent weight of imported tobacco eleven rupees 20 (ii) more than 40 per cent but not more than 60 per cent weight of imported tohacco seven rupees :lnd seventy naye paise (iii) more than 20 per cent but not' more than 40 per cent weight of imported tobacco (iv) 20 per cent or less than 20 per cent five rupees and fifty weight of imported tobacco naye paise (v) no imported tobacco two rupees and twenty naye paise (2) if flue cured and used for the manu-sixteen rupees and facture of smoking mixtures for pipes fifty naye paise and cigarettes (3) if flue cured and not otherwise specified two rupees and twenty naye paise (4) if other than flue cured and used for the one rupee and sixtymanufacture offi"f'e naye paise 35 (a) ciprettes or (b) smoking mixtures for pipes and cigarettes | rate | of | duty ||-------------------------------|--------------------------------|------------------|| description | of | goods || item | | || no | | || (i) | | || one rupee | and | ten || naye paiie | | || s | | || 10 | | || is | | || 20 | | || (s) | | || if | other | than || act~ly | | || used for | the | manufacture || (a) | | || cigaret- | | || tes | | || or | | || (b) | | || smoking mixtures for pipes | | || and | cigarettes or ( | || c) | | || biris- | | || (,) stems | of | tobacco larger || 6· | | || 35 | | || millimetres in | size,· | || (ii) | | || dust | of | tobacco, || (ii!) | | || granule | (' | rawa || ca- | | || pable | of | passing || made | | || of | wire not finer | than || 24 | | || swg | (0'5588 | millimetre dia- || meter) | | || and | containing | not || than | 18 | uniform circular || square | apenures | per || tance | | || of | | || 2s' | | || 4 | | || millimetres, | | || (if}) | | || tobacco cured in whole | leaf | form || and | packed or tied in bundles, | || hanks or bunches or in | | || the | form | || of | twists or coils | || e:lcplanation-such | varieties | || of | unmanu- | || factured tobacco used in | the | || manufacture | of | biris as || central government, | by | || notification in the | official | || gazette, specifies in this | | || be- | | || half | shall | not || fall within this sub-item | but | || shall | | || be | | || deemed | to | || be | | || 00- | | || manufactured | tobacc9, | not || otherwise specified, within | | || the | meaning | of || (6) | | || if | other | than || wise specified | | || two | rupees | and || 35 | | || twenty· | naye paise | || (7) | | || if | used for agricultural purposes | || nil | | || (8) stalks | | || fifteen naye paise | | || ii | | || manuftlctured | tobacco- | || per | hundred | || (i) | | || cigars | and | cheroots || value- | | || (,) exceeds rs 30 a hundred | twelve rupees | || (i,) exceeds rs | | || 2s | | || a hundred, | but | does || not | exceed rs 30 a hundred | || 4s | | || description | of | goods | rate ||-------------------------------------|------------------|-----------------------------------|-----------------|| item | | | || no | | | || (i) | | | || 5 | | | || 10 | | | || 15 | | | || (ii,) exceeds rs | | | || 20 | | | || a hundred, but does eight rupees | | | || not exceed rs | | | || 25 | | | || a hundred | | | || civ) | | | || exceeds rs | is) | hundred, but does six rupees | || not | exceed rs | | || 20 | | | || a hundred | | | || cv) | | | || exceeds rs | | | || 10 | | | || a hundred, but does | four rupees | | || not | | | || exceedrs | is | a hundred | || (v,) | | | || exceeds | | | || rs | | | || s | | | || a hundred, | but | does two rupees | || not exceed rs | | | || loa | hundred | | || ('oil) | | | || exceeds rs | | | || 2' | | | || so | | | || a hundred, but one rupee | | | || does not exceed rs | | | || s | | | || a hundred | | | || (vii) | | | || exceeds rs | | | || i | | | || '25 | | | || a hundred, but fifty naye paise | | | || does not exceed rs | | | || 2' | | | || 50 | a | | || hundred | | | || (ix) | | | || exceeds | 87 | naye paise a hundred, twenty-five | naye || but does not exceed rs | | | || i | | | || '25 a | paise | | || hundred | | | || 20 | | | || per thousand | | | || {2) | | | || cigarettes | of | which the | value- || nineteen rupees | | | || ten | rupees and fifty | | || naye paise | | | || nine rupees | and | | || fifty naye paise | | | || six rupees and fifty | | | || naye paise | | | || five rupees and fifty | | | || naye paise | | | || three rupees and | | | || fifteen naye paise | | | || two rupees | | | || 35 | | | || one rupee and twenty | | | || naye paise | | | || (i) | | | || exceeds rs | so | a thousand | || - twenty-one | rupees | | || and fifty naye paise | | | || (ia) | | | || exceeds rs | | | || 3s | | | || a thousand, but | | | || does not exceed rs | | | || so | a thousand | | || (iii) | | | || exceeds | | | || rs | | | || 30 a thousand, but | | | || does not exceed rs | | | || 35 | a thousand | | || (iv) | | | || exceeds rs | | | || 25 | | | || a thousand, but does | | | || not exceed rs 30 a thousand | | | || (v) | | | || exceeds rs | | | || 20 | | | || a thousand, but does | | | || not exceed rs | | | || 25 | a thouaand | | || (vi) | | | || exceeds rs | is | a thousand, but does | || not exceed rs | | | || 20 | | | || a thousand | | | || (vii) | | | || exceeds rs | | | || 10 | | | || a thousand, | but | | || does not exceed rs | | | || is | a thousand | | || (viii) | | | || exceeds rs | 7' | so | a thousand, but || does not exceed rs | | | || 10 | | | || a thou- | | | || sand | | | || (ix) | | | || does not exceed rs | 7' | so | a thou- || sand | | | || three rupees | | | || thousand | | | || per | | | || (3) | | | || bids in thll manufacture | of | which any | || process has been conducted with the | | | || aid | | | || of | machines | | || op~rated | | | || with or | | | || without the aid | | | || of | power | | || description | of | goods | rate ||---------------------------------------|--------------------|----------------------------------|--------------------------|| no | | | || (3) | | | || (i) | | | || crude | materials, | exc:ept | fuels || salt- | | | || s | | | || s | | | || the | rate ftxed annual- | | || ly by a central | | | || act | | | || " | salt" | includes swamp salt, spontaneous | || salt, | | | || and | salt | or | saline solutions made or || produced from any saline substance or | | | || from salt earth | | | |mineral fuel" lubric:ants and related material, 6 motor spirit-| three | hundred | and ||-------------------------------------|-------------------------------|--------|| twenty-five | rupees | || is | | || and ten naye paise | | || per | kilolitre at fifteen | || degrees | | || of | centi- | || grade thermometer | | || 20 | | || motor spirit, | that | is || (i) | | || any mineral oil (excluding crude | | || mineral oil) which has its flashing | | || point below seventy-six | degrees | || of | fahrenheit's thermometer, and | || which, either by itself or in ad- | | || mixture with any other substance, | | || is suitable for usc | | || as | fuel for | in- || ternal combustion engines ; and | | || (ii) | | || power alcohol, | that | is || alcohol | | || of | any grade (including | || slolch | alcohol when denatured | or || otherwise treated),which, either by | | || itself or in admixture with any | | || other substance, | | || is | suitable for | || being used | | || as | aforesaid | |~x,lanation i-"mineral oil" means an oil consisting of a single liquid hydrocarbon or a liquid mixture of hydrocarbons (except for associated impurities) derived from petroleum, coal, shale, peat or any other bituminous substance, and includes any similar oil produced by,lsynthesis or otherwise explanation ii-"flashing point" shall be determined in accordance with the tests specified in this~ behalf in the rules made \ulder the petroleum acjt, 1934 (30 of 1934) | description | of | goods ||-------------------------------------------|----------------------------------|----------------------|| rate | of | duty || item· | | || no | | || i | | || 3 | | || 7 | | || kbrosene- | | || s | | || sixty-four rupees and | | || twenty naye | paise | || per kilolitre at fifteen | | || degrees | | || of | centigrade | || thermometer | | || kerosene, that | is | to || (excluding mineral colza oil and turpen- | | || tine substitute) which has a flame height | | || of | eighteen millimetres or more and | is || ordinarily used | as | an illuminant in oil || burning lamps | | || 10 | | || explanation | | || i-the | expression "mineral | || oil" has the meaning as- | | || signed to it in | | || explanti- | | || tion | | || i | to | item || is | | || 20 | | || explanation | | || ii-"flame | height" shall be | || determined in the appara- | | || tus known | | || as | the smoke | || point lamp in the manner | | || prescribed in this behalf | | || by the central govern- | | || ment by notification in the | | || official gazette | | | 8 refined diesel oils and vapo- rizing oil-| that | is | to ||------------------------------------------|-----------------------|----------------|| mineral colza oil and turpentine subs- | | || titute), which has its flashing point | | || at | or | || above seventy-six degrees | | || of | fahren- | || heit's thermometer, and satisfies either | | || of | the following | requirements;- || 3 | | || 0 | | || (,) the oil has a flame height | of | ten || millimetres or more but less than | | || eighteen millimetres ; or | | || 3s | | || (ia) | | || the oil has a flame height | of | less || than ten millimetrcs but has a vis- | | || cosity | | || of | less than one hundred | || seconds by redwood i viscometer | | || at one hundred degrees | | || of | fahren- | || heit's thermometer, and contains | | || less than one | | || ~quarter | | || of | one per | || cent by weight | | || of | any bituminous | || substance | | |74s(b)ls--2 | description | of | goods ||--------------------------|--------------|------------|| rate | | || of | duty | item || no | | || i | | || 2 | | || 3 | | || (a) | | || refined diesel oils | | || forty-fow- | rupees | || and | fifty-five | naye 5 || paise | | || per | kilolitre | at || fifteen | degrees | of || centigrade | thenno- | || meter | or | sixteen || cent | | || ad | valorem, | || 10 | | || whichever is higher, | | || plus two | hundred | || and sixty rupees | | || and | | || seventy naye paise | | || per kilolitre at fifteen | | || is | | || degrees | of | centigrade || thennometer | | || (b) | | || vaporizing | | || oil | | || forty-four | rupees | || and | seventy | naye || paise per | kilolitre | || 20 | | || at fifteen | degrees | || of | centigrade | thenno- || meter or sixteen | per | || cent | | || ad | valorem, | || whichever | is | higher, || 25 | | || plus | | || two | hundred | || and | thirty-nine | || rupees | | || and | | || twenty- | | || five naye paise | | || per | | || kilolitre at | fifteen | || 3 | | || 0 | | || degrees | of | centi- || grade tbennometer | | || 35 | | || l!xplanation- | | || the | expressions" | mineral || oil | | || ", | " flashing | point" || "flame | height" | have || meanings respectively | as- | || signed | | || to | | || them in | | || explana- | | || tions | | || i | | || and | | || ii | | || to item | no6 | || and in | | || explanation | | || ii | | || to | | || item | | || no7 | | || 9 | | |diesel oil, not otherwise specified, that is to say, any mineral oil which-sixteen per cent ad valorem plus sixtythree rupees and ninety-five naye paise per metric 45 tonne (i) has a flame height of less than ten millimetres ; | description | of | goods ||----------------------------------------------------------|---------------------------------|---------------------------|| rate | | || of | duty | item || no | | || i | | || 3 | | || s | | || io | | || 15 | | || (il) | | || contains one quarter | of | one per || cent or more by weight | | || of | any | || bituminous substance; and | | || (iii) | | || possesses a viscosity | of | less than || one hundred seconds | | || by | redwood i | || viscometer at one hundred degrees | | || of | fahrenheit's thermometer | || explanation- | | || the | expressions | " mineral || oil" | and | "flame || have the meanings respec- | | || tively assigned | to | them || in | | || explanation | | || i | | || to item | | || no6 | and in | || explanation | | || ii | | || to | item | no7 || 10 | | || furnace | oil, | that || ou | | || which- | | || 20 | | || sixteen per cent | | || ad | | || valorem | | || plus twenty- | | || nine rupees | and | || fifty-five naye paise | | || per metric tonne | | || (,) has a | flame | height || millimetres ; | | || 25 | | || 30 | | || 3s | | || ii | | || twenty-seven | | || per | | || cent | ad valorem | || (it) | | || contains one quarter | of | one per cent || or more by weight | | || of | any bitu- | || minous substance ; and | | || (ii,) | | || possesses a viscosity | of | one hun- || dred sea>nds or more by redwood | | || i viscometer at one hundred | | || deg- | | || rees | of | fahrenheit's thermometer || bxplanation- | | || the | expressions" | mineral || oil" | and flame | height" || have the meanings respec- | | || tively assigned to them in | | || explanation | | || i | | || to item no | | || 6 | | || and in | | || explanation | | || ii | | || to | | || item | | || no7 | | || asphalt | and | bitumen || cutback bitumen and asphalt) natural or | | || produced from petroleum or shale | | || one hundred and ten | | || rupees and twcnty- | | || fi | | || ve | naye paise per | || metric tonne | | || vegetable oils and fats | | || vegetable | non-essential | oils; || all sorts, in or in relation to | | || the | | || manufac- | | || ture | | || of | which any process is ordinarily | || carried on with the aid | | || of | power | || ----------------------~-=-=----------------------------- | | || description ||----------------|| item || no || 2 || i || 3 | 13 vegetable product-seventeen rupees and s twenty naye paise per quintal "vegetable product" means any vegetable oil or fat which, whether by itself or in admixture with any other substance, has by hydrogenation or by any other process been hardened for human consumption chemicals 14 pigments, colours, paints, enamels, varnishes, blacks and cellulose lacquers- i (i) pigments, colours, paints and enamels-(i) zinc oxide, red lead, white lead fifteen rupees and and titanium dioxide white seventy-five naye paise per quintal (ia) aluminium paste - fifty-five naye paise 20 per kilogram (2) dry colours, namely, the following: thirteen rupees and lead chromes and brunswick green eighty naye paise per quintal (3) water paints-() dry distemper· including cement-based water paints (i) oil-bound distemper thirteen rupees and eighty naye paise per quintal - twenty-three rupees and sixty naye paise 30 per quintal (ii) water pigment nnishes leather for thirty-three naye paise per litre (io) plastic emulsion paint seventy-seven naye paise per litre 35 (4) oil paints and enamels-(,) tinting paste (blue) (m stiff paints and ready-mixed paints, sold by weight (iii) ready-mixed paints and enamels, sold by volume fifty-five naye paise per kilogram thirteen rupees and eighty naye paise 040 per quintal1 forty-four naye paise per litre | description | of | goods ||------------------------------------|----------------------|-----------------------|| rate | | || of | duty | item || no | | || (i) | | || s | | || (s) | | || pigments, colours, paints and ena- | thirteen rupees and | || mels, not | otherwise specified | eighty naye paise per || quintal | | |ii varnishes and blacks-(i) varnishes twenty-two naye paise per litre (il) bituminous and coal-tar blacks 10 fourteen naye paise per litre iii cellulose lacquers-(i) nitrocellulose pigmented lacquers, clear and one rupee and ten naye paise per litre (ii) nitrocellulose ancillaries is forty-one naye paise per kilogram, if sold by weight; sixty-nine naye paise per litre, if sold by volume 20 is " soap" means all varieties of the product known commercially as soap-i soap, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power or of steam for heating-(i) soap, household and laundry-(i) plain bars of not less than 454 ten rupees and grams in weight thirty-five naye paise per quintal (il) other sorts twelve rupees and five naye paise per quintal (2) soap, toilet 35 twenty-seven rupees and fifty-five naye paise per quintal (3) soap, other than household and twenty-seven rupees laundry or toilet and fifty-five naye paise per quintal | description | of | goods | rate | of | duty ||----------------------------------------------|-----------------------------------|-----------------|--------------|-----------|---------|| item | | | | | || no | | | | | || (1) | | | | | || ii | soap, in or in relation | to | the manufac- | | || ture | | | | | || of | which no process has been | | | | || car- | | | | | || 5 | | | | | || ried on with | the | aid | of | power or | of || steam for | heating- | | | | || (i) | | | | | || plain bars | of | not less than | | | || 454 | | | | | || grams eight rupees | and | | | | || in weight | eighty-five' | naye | | | || paise 'per quintal | | | | | || 10 | | | | | || (ii) | | | | | || other sorts | ten | rupees | and | | || thirty-five | naye | | | | || paise per quintal | | | | | || manufactured | goods | classified | | | || c:hiefly | | | | | || by | | | | | || material | is | | | | || 16 | | | | | || tyres- | | | | | || 20 | | | | | || "tyre" | means a pneumatic tyre in the ma- | | | | || nufacture | | | | | || of | whic!1 | rubber | is | used, and | || includes the inner tube and the outer | | | | | || cover | | | | | || of | such a tyre | | | | || (i) | | | | | || tyres for motor vehicles | | | | | || forty per cent | | | | | || ad | | | | | || valorem | | | | | || (2) | | | | | || for cycles (other than motor | cycles)- | | | | || (a) | | | | | || tyres | | | | | || (b) | | | | | || tubcs | | | | | || (3) all other tyres | | | | | || suny | naye | | | | || ~e | | | | | || per | | | | | || tyre | | | | | || or | | | | | || fifteen per | | | | | || 25 | | | | | || cent | | | | | || ad | | | | | || valorem, | | | | | || whichever is higber | | | | | || thirty | naye paise per | | | | || tube or | | | | | || fifteen per | | | | | || cent | | | | | || ad | | | | | || valorem, | 30 | | | | || whichever | is | higber | | | || fifteen per cent | | | | | || ad | | | | | || valorem | | | | | || 17 | | | | | || 35 | | | | | || thirty-three | naye | | | | || paise per kilogram 4 | | | | | || 0 | | | | | || paper, | | | | | || au | sorts (including pasteboard, | | | | || millboard, strawboard and cardboard), | | | | | || in or in relation to the manufacture | | | | | || of | | | | | || which | | | | | || any | | | | | || proces!': | is | ordinarily car- | | | || ried on with the aid | | | | | || of | power- | | | | || (i) | | | | | || blotting, toilet, target, tissue, other than | | | | | || cigarette tissue, | teleprinter, type- | | | | || writing, manifold, bank, bond art | | | | | || paper, chrome paper, tubsized paper, | | | | | || cheque paper, stamp paper, cartridge | | | | | || paper and parchment | | | | | || | description | of | goods ||-----------------------------------------|---------------------------------------|------------------------|------------------------------|| rate | of | duty | item || no | | | || (i) | | | || (2) cigarette tissue | | | || sixty-six naye paise | | | || per | kilogram | | || (3) printing | | | || and | writing paper, other sorts twenty-two | naye | || paise | | | || per | kilogram | | || (4) packing | | | || and | wrapping paper, other twenty-two | naye | || sorts | paise | | || per | kilogram | | || 10 | | | || (5) strawboard, | other | than | corrugated eleven naye paise || board | kilogram | | || (6) duplex | and | triplex board | twenty-two || paise | | | || per | kilogram | | || (7) | | | || pulp | board, not | | || otherwi~e | | | || specified, twenty-two | naye | | || including grey board | and | millboard | paise || (8) corrugated board | | | || twenty-two | naye | | || paise | per | kilogram | || (9) coated board (including art, chrome | thirty-three | naye | || and | board for playing cards) - | paise | per || (ro) | paper | and | paperboard, all sorts, not || otherwise specified | paise | | || per | kilogram | | || 18 | | | || rayon | | | || and | synthetic | fibres | three || and | yarn | thirty-five naye paise | || per | kilogram | | | cotton fabrics-~s 19 "cotton fabrics" mean all varieties of fabrics manufactured either wholly or partly from cotton, and include dhoties, sarees, chadars, bed-sheets, bed-spreads, counter-panes ~d table-cloths, but do not include any such fabric-(a) if it contains 40 per cent or more by weight of wool ; 35 (b) if it contains 40 per cent or more by weight of silk ; ----------------| description | of | goods ||------------------------------------------------------------------|----------------------------|-----------------|| rate | | || of | duty | || item | | || no | | || (i) | | || , | | || (c) | | || if | it contains 60 per cent | or || by weight | | || of | rayon or artificial silk ; | || or | | || cd) | | || if | manufactured on | || a | | || handloom- | | || forty-five naye | | || paise | | || per square metre | | || (i) | | || cotton fabrics, | superfine- | || that is to say, fabrics | | || in | | || which the aver- | | || age count | | || of | yam | is 48s or more || 10 | | || forty-five naye paise | | || per square metre | | || (2) | | || cotton fabrics, | fine- | || that is to say, | fabric'! | in which the || average count | | || of | yam | is || 3ss | | || or more | | || but | is less than 48s | || thirty | naye | paise || per square metre | | || (3) | | || cotton fabrics, | medium- | || that | is | to || average count | | || of | yam | is || but | is | less than 35s || thirty | naye | paise || per square metre | | || 20 | | || (4) cotton fabrics, | | || coarsc- | | || that is to say, fabrics in which the | | || average count | | || of | yarn is less | than || (5) cotton fabrics, not otherwise specified forty-four and half | | || naye paise per square | | || metre | | || 25 | | || bxplanation | | || 1-" | | || count" | means count | of || grey | | || yarn | | || 35 | | || 4 | | || 0 | | || &planation | | || n-for | the purpose | of || mining the average count | | || of | yarn, the following | || rules shall apply, namely | | || :- | | || (a) | | || yarn used in the borders | | || or | selvedges | shall || ignored | | || (b) | | || for | multiple-fold yarn, the | || count | | || of | the basic single | || yam | | || shall be taken and the | | || number | | || of | ends per | || 2s' | | || 4 | | || millimetres | | || in | | || the reed | | || the number of picks per | | || 25' | | || 4 millimetres, | as | the || case | | || may | | || be, shall | be | || multiplied by the number | | || of | plies | || in | | || the | yarn | || description | of | goods | rate | of | duty ||-------------------------|---------------------|-------------|---------|---------|---------|| no | | | | | || (i) | | | | | || s | | | | | || 10 | | | | | || (c) | | | | | || in | the | case | of | fabrics | ma- || nufactured from | cotton | | | | || and | other yarns, | the | other | | || yams | shall, for | the | afore- | | || said purpose, be deemed | | | | | || to | be | cotton yam | | | || cd) | | | | | || the | average count shall | | | | || be obtained by applying | | | | | || the | following | formula, | | | || namely:- | | | | | |" (count of warp x number of ends per 25' 4 millimetres in the reed) + is (count of weft x number of picks per 2s'4 millimetres) (number of ends per 25'4 millimetres in the reed)+(number of picks per 2s' 4 millimetres) the result being rounded off, wherever necessary, by treating any fraction which is one-half or more as one, and disregarding any fraction which is ao less than one-half" 20 silk fabrics-thirty-six naye paise per square metre "silk fabrics" include all varieties offabrics manufactured either wholiy or partly from silk but do not include any such fabric-(i) if it contains 40 per cent or more by weight of wool ; (;'i) if it contains cotton or artificial silk or botp and less than 40 pet: cent by weight of silk ; (ii,) if it contains no cotton and no artificial silk and less than 40 per cent by weight of wool and less than 40 per cent by weight of silk ; or (iv) if manufactured on a handloom 35 21 woollen fabrics-six and a quarter per cent ad valorem "woollen fabrics" mean all varieties o· fabrics manufactured wholly of wool or which contain 40 per cent or more by weight of wool, and include blankets, loms, rugs and shawls, but do not include any such fabric if manufactured on a handloom 748 (b)ls-3 item no desqription of goods rate of duty -----------~--~--------------~~--------~-------(i) (2) 21 aayon or artificial silk fab-rics-seven naye paise per square metre rayon or artificial silk fabrics" include all varieties of fabrics manufactured either wholly or panly from rayon or artificial silk, but do not include any such fabric-| (i) | if | it contains ||-----------------------------|----------------------------------|----------------|| 40 | | || per cent or more | | || by weight | | || of | wool ; | || (ii) | | || if | | || it | contains | || 40 | | || per cent | or | more || by weight | | || of | silk ; | || (iii) | | || if | it contains cotton and less than | || 60 per cent by weight | | || of | rayon or | || artificial silk ; | | || (ill) | | || if | | || it | contains no cotton and less | || than | | || 40 | | || per cent by weight | of | wool || and less than | | || 40 | | || per cent by weight | | || of | rayon or artificial silk ; or | || (li) | | || if | | || manufactured on a handloom | | || 23 | | || cement, | all varieties | || - twenty-three rupees | | || and sixty | | || naye | | || paise | | || per metric tonne | | || 2s | | || silver | | || seven naye | paise | || per | | || every | | || ten | | || grams | | || pig | iron | || - ten | rupees | || for metric | | || tonne | | || stehl | ingots | || - thirty·nine | | || rupees | | || ~o | | || and thirty-five | | || naye | | || paise per | metric | || tonne | | | 27 alum1nll1m-| (a) | in ||---------------------------------------------------|-------------------|| hufl:dred | || rupees | || ~j | || bars, blocks, slabs, billets, shots and | per metric tonne || pellets | || (b) | || manufactures, the following, namely, five hundred | || rupees | || plates, sheets, circles, strips and | || foil~ | || per metric tonne | || in any form or size | || description | of | goods ||---------------------------------------------|------------------------------------|-----------------------------------|| rate | | || of | duty | || item | | || no | | || (j) | | || 5 | | || two | hundred | rupees || per | metric tonne | || tin | plate | and || including | tin | taggers, || cuttings | of | such || sheets | or | taggers || machinery and transport equipment | | || 29 | | || 10 | | || ad | | || ten | per | cent || valorem | | || internal | combustion | engines, || all | sorts, | namely- || (i) | | || those designed for use as a prime- | | || mover for transport vehicles | and | have || been given for that purpose some | | || special shape, size | or | quality which || would not be essential for their use | | || for any other purpose | | || (iz) | others | || ad | | || five | per | cent || valorem | | || 3 | | || 0 | | || 20 | | || electric | motors, | all || and | parts | thereof, || fifteen | per | cent || ad | | || valorem | | || (i) | those designed for use in circuits | of || less than | | || 10 | | || amperes | and | at a pressure || not exceeding | | || 250 | | || volts | | || (2) those designed for use in circuits at a | | || pressure exceeding | | || 400 | | || volts, and | | || (i) | | || with a rated capacity not exceed- | | || ing | | || to | hp | || cii) | | || exceeding | | || 10 | | || hp | | || (3) all others | | || ten | per | cent || ad | | || valorem | | || five | per | cent || ad | | || valorem | | || fifteen | per | cent || ad | | || valorem | | || (4) parts | of | electric motors || fifteen | per | cent || ad | | || valorem | | || 3 | | || 1 | | || 3s | | || electric | batteries, | and || thereof- | | || (i) | | || dry | | || (2) storage | | || fifteen | per | cent || ad | 'dalorem | || fifteen | per | cent || ad | valorem | || (3) parts | of | storage batteries, the following, || namely, containers, covers | and | plates || ad | | || valorem | | || | rate | of | duty ||----------------------|---------------------------|------------------|---------------|| item | description | of | goods || no | | | || (i) | (2) | | || 32 | electric | lighting | bulbs and || fluorescent | | | || lighting | tubes- | | || s | | | || ten | naye paise | per | || bulb | | | || forty | naye paise | per | || bulb | | | || 10 | | | || (i) | | | || vacuum | and | gas-filled | bulbs- || (i) | | | || not | exceeding | | || 100 | | | || watts, | and | train | || lighting | bulbs | | || (il) | | | || exceeding | | | || 100 | | | || watts | but | not | exceed- || ing | | | || 300 | | | || watts, | and | engine headlight | || bulbs | | | || (iii) | | | || exceeding | | | || 300 | | | || watts | | | || eighty | naye paise | per | || bulb | | | || (2) | | | || fluorescent | tubes | | || one | rupee | and | thiny- || one | naye paise | per | || is | | | || metre | | | || five | per | cent | || valorem | | | || ad | | | || (3) | sodium | and | mercury || lamps | | | || (4) all sorts, | | | || not | otherwise specified | | || fifteen | per | cent | ad || f)alorem | | | || 20 | | | || 33 | | | || 2s | | | || electric | fans, | including | air || lators | but | excluding | those || are | | | || designed for use in | an | industrial | system || as | | | || parts | indispensable for | its | operation || and | have | been | given for || some special shape | or | quality | which || would | not | he | essential for || any | other | purpose, | and || tric | fans- | | || seven | rupees | and | || !o | | | || fifty naye paise | per | | || fan | | | || (i) | | | || table, | cabin, carriage, pedestal | and | || air circulator fans, | not | exceeding | || 40' | | | || 6 | | | || centimetres | | | || (2) all | | | || other | fans | | || fifteen rupees | | | || per | | | || fan | | | || 3s | | | || (3) | | | || parts | of | fans above, | the || namely, complete | | | || motors, | stators | | || and | rotors- | | || (a) | | | || if | | | || designed for use | in | respect | of || any | fan falling within | sub-item | || (1)- | | | || (i) | | | || complete motors | | | || 4 | | | || 0 | | | || five | rupees | and | || twenty-five | naye | | || paise | | | || per | motor | | || description | of | goods ||------------------------------------------|------------------|--------------------|| rate | of | duty || item | | || no | | || (2) | | || (i) | | || (ii) | | || stators | | || 5 | | || (iii) | | || rotors | | || two | rupees | and || five naye paise | | || per | | || stator | | || two | rupees | and || sixty-five naye paise | | || per | rotor | || 10 | | || (b) | | || if | designed for use | in || fan falling | within | sub-item || (2)- | | || (i) complete motors | | || (ii) | | || stators | | || 15 | | || (iii) | | || rotors | | || ten | rupees | and || naye paise | | || per | motor | || five | rupees | and || twenty-five | naye | || paise | | || per | stator | || five | rupees | and || twenty-five | naye | || paise | | || per | rotor | || 20 | | || 34 | | || motor | vehicles- | || 25 | | || one | hundred | and || seventy-five | rupees | || each | | || one | thousand | rupees || each | | || "motor | | || vehicl~s" | | || means all mechanically | | || propelled vehicles | | || adapted | for use | upon || roads, | and | includes a chassis || trailer ; | | || but | does | not || running | upon | fixed || (1) | auto-cycles, | motor || auto-rickshaws | | || and | any | other || wheeled | motor | vehicles || (2) | | || motor | vehicles | of || 16 | | || hp | by | royal automobile || (rac) rating | | || (3) | | || motor | cars | of || 16 | | || h | p | || by royal automobile | | || club | (rac) | || rsting, | constructed | or || carry | not | more || 35 | | || (4) | | || motor | vehicles, | not || fied | | || three | thousand | || rupees | each | or || fifteen | per | cent || ad | | || valorem,whichever | | || is | | || higher | | || two | thousand | five || hundred | rupees each | || or | twelve | and || per | cent | ad || valorem, | | || whichever is higher | | || 35 | | || cycles, | parts | of || than | motor | cycles, || (i) | | || free wheels | | || two | rupees each | || (ii) | | || rims | | || 45 | | || four | rupees each | || ---------------------------------------- | | || | description | of | goods ||------|----------------|-------|----------|| rate | of | duty | item || no | | | || (i) | | | || (2) | | | | mibcellaaeoub manufactured articles footwear-| " | footwear" ||--------------------------------|---------------|| wear whether known | || as | boots, shoes || ~lnd | || lh, | || chapplls or by any other name, | || and component parts | || thereof- | || ten | per cent || fjalorem | |(i) footwear produced in any factory including the precincts thereof whereon fifty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which the process of manufacturing footwear is being carried on with the aid of power or is ordinarily so carried on, the total equivalent of such power exceeding two horsepower fifteen per cent ad valorem (2) component parts of footwear in, or in relation to the manufacture of, which any process is ordinarily carried on with the aid of power 37 cinematograph films, exposed-below 30 mm in width of a width of 30 mm or higher (i) news-reels and shorts not exceeding 500 metres fifteen naye ten naye paise 30 paise per metre per metre (2) feature films, advertise-fifty naye paise thirty-three ment shorts, and films not per metre naye paise per otherwise specified metre ' matches-fifty-seven naye paise for every 1,000 matches or fraction thereof "\latch" includes a firework in the form of a match ; and, where a matchstick has more heads than one capable of being ignited by striking, each such head shall be deemed to be a match rate of duty description of goods item no (1) 39 mechanical lighters-s per three rupeei lighter' 10 "mechanical lighter" means any mechanical or chemical contrivance for causing ignition which is portable and which operates by producing a spark or flame whether by itself or when brought into contact with gas, and includes a mechanical lighter issued from a factory in an incomplete state or requiring for its completion the addition of a flint _--------- --__ _--------- schedule to be inserted in tile additional duties of excsi! (goods of special importance) aer, 1957 'the first schedule[see section 3 (1)] | description | of ||----------------------|-------|| rate | || of | addi- || tional duty | || 10 | || item no | || in | || the | || first schedule | || to the central | || excises and salt | || act, 1944 | || i | || sugar | || six rupees and fifty | || naye paise per quin- | || tal | 15 | tobacco-4 i unmanufactured tobaccc>-per kilogram (i) if flue cured and used in the' manufacture of cigarettes containing-20 nil (a) more than 60 per cent weight of imported tobacco nil 25 (ii) more than 40 per cent but not more than 60 per cent weight of imported tobacco nil 30 (iia) more than 20 per cent but not more than 40 per cent weight of imported tobacco nil nil 35 (iv) 20 per cent or less than 20 per cent weight of imported tobacco e v) no imported tobacco -----~ | description | of ||------------------------------|------------|| goods | || rate | of || tional | || duty | || item | no || first | schedule || to | the || excises | || and | salt || 5 | || act, | || 1944 | || (1) | || per | kilogram || one rupee | || and | ten || naye paise | || 10 | || (2) | || if | || flue cured | and || manufacture | || of | smoking || mixtures for pipes | and || cigarettes | || (3) | || if | || flue cured and not other- | forty-four || naye | || wise specified | paise || nil | || 15 | || (4) | || if | || other than ftue cured | || and used for the manufacture | || of- | || (a) | || cigarettes or | || (b) | || smoking | || mixtures | || for | pipes || cigarettes | || 20 | || (,) | if || not actually used for | the || manufacture | || of | || (a) | || cigarettes | || or | || (b) | || smoking mixtures for | || pipes and cigarettes or | || (c) | || biris- | || (t) | || stems | of || than | || 6· | || 3s | || millimetres | || in size, | || (it) | || dust | of || 1 | || | 0 || 35 | || (iit) | || granule ("rawa") | of || bacco capable | || of | passing || through a sieve made | || of | || wire not finer than | || 24 | || swg (0'5588 milli- | || metre diameter) and con- | || taining not less than | || 18 | || ~form | || circular or square | || apertures per linear | || dis- | || tance | of || metres, | || (iv) | || tobacco cured in whole | || leaf form and packed | || or | || tied in bundles, hanks | || or | bunches || form | || of | twists || 45 | || 748(b | || )j:s-4 | || description ||----------------|| tional || duty |first schedule to the central excises and salt act, 1944 bplanarion-such varieties of ud-manufactured tobacco used in the manufacture of biris as the central government hr notification in the official gazette, specifies in this behalf shall not be deemed to fall within this subitem but shall be deemed to be unmanufactured tobacco, not otherwise specified, within the meaning of sub-item (6) (6) if other than flue cured and forty-four naye paise not otherwise specified 2s (7) if used for agricultural pur-nil poses (8) stalks - two naye paise ii manufactured tobacc&-(i) cigars and cheroots of which per hundred ~ the value-(i) exceeds lb 30 a hun-three rupees dred (is) exceeds rh 2s a hund-two rupees and fifty red but does not exceed naye paise 3s rh 30 a hundred (iii) exceeds rh 20 a hund-two rupees red but does not exceed rh 2s a hundred (it1) exceeds rs is a hund-one rupee and fifty 40 red but does not exceed naye paise rs 20 a hundred | description | of ||----------------------------|----------------------|| goods | || rate | ofaddi- || donal | || duty | || item | no || id | the || first | schedule || to | the || centtal | || excises | || and | || salt | || 5 | || act, | || 194-4 | || (i) | || per | || hundred | || 10 | || (v) | || exceeds | || rs | || 10 | || a | hund- || red | || but | does || ceed rs is a hundred | || (vi) | || exceeds rs | || 5 | || a hundred | || fifty | || naye paise | || but does not | exceed || rs' | || 10 | || a | || hundred | || is | || (vi,) | || exceeds rs | || 2'50 | || a hun- | twenty-five naye || dred but does not ex- | paise || ceed rs | || 5 a | || hundred | || (t'iii) | || exceeds rs | || i | '25 || a | hun- || dred | || but | does not || ex- | || ceed | || rs | || 3' | || so | || a hund- | || red | || 20 | || (iz) | || exceeds | || 87 | || naye paise | || a | || five naye paise | || hundred | || but | does not || exceed | || rs | || i | || '2s | || a hun- | || dred | || per thousand | || (2) | || cigarettes | || of | || which the | || value- | || eight rupees | and || sixty | || daye | paise, || (i) exceeds rs 50 a thou- | || sand | || seven rupees | and || sixty naye paise | || (i,) | || exceeds | || rs | || 3s | || a thou- | || sand but does not ex- | || ceed | || rs | || 50 | || a thousand | || four | rupees || twenty naye paise | || (in) exceeds | || rs | || 30 a thou- | || sand | || but | does not ex- || ceed rs | || 3s | || a thousand | || 35 | || - (iv) | || exceeds rs | || 2s | || a thou- | three rupees || sand but does not | || ex· | eighty naye paise || ceed rs 30 a thousand | || (v) | || exceeds rs | || 20 | || a thou- | two rupees-and sixty || sand but does not | || ex· | naye paise || ceed | || ri_ | || 2s | || a thousand | || description | of | goods ||----------------------------|--------------------------------------------------|-------------------|| rate of | | || addi- | | || tional duty | | || s | | || (i) | | || ------------------------ | | || ---- | | || two | rupees | and || twenty naye paise | | || (!ii) | exceeds rs | is || sand | | || but | does not ex- | || ceed | | || rs | | || 20 | | || a thousand | | || one rupee and | ten | || 10 | | || naye paise | | || (vi) | | || exceeds rs | | || 10 | | || a thou- | | || sand | | || but | does not ex- | || ceed rs | | || i | | || s | | || a thousand | | || sixty naye paise | | || (viii) | | || exceeds rs | l' | || so | | || a thou- | | || sand | | || but | does | not || exceed rs | | || 10 | | || a thou- | | || sand | | || (is) | | || does not exceed rs | 7' | || 50 | | || porty | naye | paise || a thousand | | || (3) | biris in the manufacture of sixty naye paise per | || which any process has been | thousand | || 20 | | || conducted with the aid of | | || machines operated with or | | || without the aid | | || of | power | || cotton | fabries- | || per square metre | | || 19 | | || (i) | | || cotton fabrics, superfine | | || is' | | || 5 | naye paise | || 25 | | || (2) | | || cotton fabrics, | fine | || 9'6 | naye paise | || (3) | cotton fabrics, medium | 4 8 naye paise || (4) | cotton fabrics, coarse | 3 6 naye paise || (s) | | || cotton fabrics, not other- | | || 15 | | || s | | || naye paise | | || wise specified | | || 30 | | || 2r | | || woollen fabrics | | || | | || five per cent | | || | | || !i(jio'i''''' | | || rayon or | artificial | silk || fabrics | square metre' | || -------------------------- | | || -- | | || _-_ | | || | | | statement of objects and reasonsas a further step towards the introduction of the metric system in the country, it is proposed to amend the central excises and salt act, 1944 and other allied acts which provide for the levy and collection of central excise duties it is not, however, possible to adopt the exact equivalents of the existing unit(; and rates in the metric system, since such conversion would result in odd fractional rates in a number of cases, and operation of such rates will be inconvenient both to the assessee as well as to the administration it is, therefore, proposed to round off the rates resulting in minor variations thereof, but the overall effect of such variations would be insignificant it is also proposed to avail of this opportunity to re-arrange the existing items of the centra~ excise tariff on a more systematic basis new dzlhi; morarji desai the 8th august, 1960 - the fmbt schedule (see section 3)| rate | of ||-------------|-------|| duty | || item | || no | || deaeription | of | i kbrosbne-twenty-eight and three-faunhs julye paise per imperial gallon kerosene, that is to say, any mineral oil (escludilll mineral colza oil and turpentine 8ubatitute) which has a flame heilfht of eighteen millimetre or more and is ordinarily used as an iiiuminant in oil burning lamps explanation 1-" mineral oil" means an oil consisting of a sinaje liquid hydrocarbon or a li9uid mixture of hydrocarbons (except for associated impurities) derived from petroleum, coal, shale, peat or any other bituminous substance and includes any similar oil produced by 8ynthesis or otherwise 1!xplanation 11-" flame height" shall be determined in the apparatus known as the smoke point lamp in the manner prescribed in this behalf by the central government by notification in the oftldal gazette 2 mt\tchbs-| | mitch" | include a firework | in ||------------------------|---------------|------------------------|-------|| match, | | | || and, | | | || where a match-stick | | | || has | | | || more | | | || heads than one capable | | | || of | beilllignited | by | || strikilll, | | | || ellcb | | | || such | | | || held | | | || ahall | | | || be | deemed to | | || be | | | || a | | | || match | | | || (i) | | | || matches, | in | boxes contalning | || 60 | | | || mltchel | | | || on an average, | if | manufac:tured | in || a | | | || factory | | | || whose | | | || output- | | | || four | | | || rupees | | | || and | | | || ninety | | | || naye | | | || pai8e per gros | of | bose | || four | | | || rupees and | 8eventy-flye | | || naye | | | || paise | | | || per | | | || ji'oi8 | | | || of | | | || base, | | | || ~i) | | | || ezcceda | five | hundred | || thousand | | | || ii'os8 | | | || of | | | || boxes per year | | | || (it") | | | || does | | | || not | | | || exceed five hundred | | | || thousand | | | || grosa | | | || of | boxes | per | || year, | | | || but exceed one | | | || hundred | | | || ji'oi8 | | | || of | boxes per | | || day | | | || description | of | goods ||-----------------------------------|-------------------------------|------------------------------|| rate | | || of | duty | || item | | || no | | || cui) | | || does not exceed one | | || huddred | | || if08s | | || of | | || four | rupees | || and | | || fifty | | || naye | | || paise | | || boxes | | || fer | day, | but || gross | | || 0 | | || bozes | per | || day | | || (iv) | | || does not exceed twenty-five groii | of | boxes || per | day | paise || (~) | | || matches, | in | boxes containing || 40 | | || cmatches | | || on | | || an | | || average, | if | manufactured in || a | | || factory | | || whose | output- | || (i) | | || exceeds five hundred thousand | | || gross | | || of | three | rupees and twenty-five || ~~~ | ~~~~of~~ | || (ii) | | || does | | || not exceed dve | hundred thousand | three || fifteen | | || naye | | || gross | | || of | boxes | per || hundred gross | | || of | boxes | per || two | rupees | and || paise | | || per | rioss | of || (iii) | | || do:s | n'lt exceed one hundred gross | || of | | || boxes | per | day, || of | boxes | per || ci_) | | || does not exceed | | || boxes | | || per | day | || twcnt}'-five gross | | || of | two | rupees and eighty naye paise || per | gross | of || (3) | | || matches | in | boxes contairung || not more than twelve matches | of | the || known | | || as " | | || bengal | lights" | || (4) | | || all other matches | eighty naye paise for every | || 1,44 | | || 0 | | || matches | or | fraction thereof | 3 mechanical lighters-| "mechanical lighter" means any mechanical | or | three | rupees ||----------------------------------------------|-----------------------------------------|------------------|-----------|| ~ | | | || liljhter | | | || chemical contrivance | for | causing ianltion | || which | | | || is portlble and | | | || which | | | || operates | by | | || producing a spark | | | || or | dame whether | by | itself || or | when brought into contact with gas, and | | || i neludes a mechanical lighter issued from a | | | || factory | | | || in | an incomplete state | or | requiring || for its completion | | | || the | | | || addition | of | a tlint | | 4- motor spirit-motor spirit, that is to aay,-| one rupee | and ||--------------|-----------------|| naye | || paite | || per | imperial,allon |ci) any mineral oil (e:a:c1uding crude mineral oil) which has its dashing point below seventy-six degrees of fahrenheit's thermometer and which either by itself or in admixrure with any other substance, is suitable for use as fuel for internal combustion engines; and cii) power alcohol, that is to 8ay, ethyl alcohol of any grade (including such alcohol when denatured or otherwise treated), which, either by itself or in admixture with any other substance, is suitable for being used as aforesaid b~n i-the expression" mineral oil ~ has the meaning assigned to it in bxplandtitm i to item no i | rate | of | duty ||-------------------------|-------------|---------|| item | | || i | | || no | | || | | || description | of | goods || ~ | | || 11-" | plashing | || point" | ,hall | || be | | || determined | in | || accordance | | || with | | || the teats speci'fied | | || in | this behalf | || in | the | || rules | | || made under | the | || petroleum act, 1934 (30 | | || of | | || 1934) | | | s salt-| | salt" | includes swamp ||------------------------------------|------------------|-------------------|| salt, | | || spontaneous | the | rite || ~y | | || salt, and | | || salt | | || or | saline solutions | made || act | | || produced from any saline substance | or | from || salt | | || earth | | || 6 silver | | || three | | || andis | | || idd | ,even | and one || fifth | | || plea | | || per | | || ounce | | || troy | | |7 stebl ingots - forty maple per ton 8 sugar produced in a factory ordinarily using power in tile course of production of sugar-- sugar' means any form of sugar in which the sucrose content, if exprelled as a percentage of the mlterial dried to constant weight at 10so centigrade, would be more than ninety (i) sugar other than khandaari or palmyra eleven rupees and twenty-five naye palse per cwt (2) khandaari sugar-| that is to say, sugar in the manufacture ||---------------------------------------------|| which neither a || vacuum || pan || nor || a || viciiudi || per || cwt || evaporator is employed |(3) palmyra sugar-| that ||---------------------|| nil || jaggery obtained by || boiling || the juice of || the || palmyra || palm |9 tobacco-| •• | tobacco" ||------------------------|---------------|| mcana | || any form | of || cured or | || uncured, | || and whether | || manufactured | || or | || not, | || and includes the leaf, | || staib, | || and | || sterna of the | tobacco plant || but | || does | || dot | || include any part | ora || attached to | || the | earth |i u"marru/aau,,tl tobacco-(i) if sue cured and used in the manufacture of cigarettes containing-per lb (i) more than 60 per cent weilht of imported sevell rupees •• d eipt toblcco inn •• | description | of | gooda ||-----------------------------------------------------|-----------------------------------|-----------------------------------------------|| rate | | || of | duty | || item | | || no | | || dlht | | || allht | | || per | | || lb | | || (if) | | || more than | | || 40 | | || per cent | but | not more || than | | || 60 | | || per | cent weight | of || tobacco | | || ('i,) | | || m:>fc | than | || 20 | | || per cent | but | || not | | || more | than | || 40 | | || per cent weight | | || at | | || imported tobacco | | || (if) | | || 20 | | || per cent or less than | | || 20 | | || per | cent | || weight | | || of | imported tobacco | || (0) | | || no imported tobacco | | || three | rupees | || anna | •• | || two | rupee | || annas | | || one rupee | | || (a) | if | flue cured and used for the manufacture seven || of | | || il1ljkina | | || mixture for pipes and | cige- | || annas | | || nttes | | || (3) | | || if | flue cured and | || not | | || otherwise specified | one rupee | || (4) | | || if | | || other than flue cured and used for the seventy-flve | | || naye | | || pa | , | lb || manufacture | | || of | | || (a) | | || cigarettcs or | | || (b) | | || smok- | | || ing | | || mixturcs for pipes | | || and | | || cigarettes | | || (5) | | || if | | || other than flue-cured | | || and | | || not acuallr used | | || fifty | | || naye | | || paise | pet | lb || for the manufacture | of | || (a) | | || cigarettes or | | || (b) | | || smo- | | || king mixturea for pipes and cigarettes | | || or | | || (c) | | || biri_ | | || (') | stems | of || than | | || 1/4 | | || inch | in | || ize, | | || (il) | | || duat | of | tobacco || (iii) | | || granule ('rawa') | of | tobacco || passing throuih a aieve made of wire not | | || finer | | || than | | || 24 | | || swg | | || (0'022 | | || inch diameter) and | | || containing not | | || leas | | || than | | || 18 | | || uniform circular | | || or | square apcrturci per linear inch | || (itj) | | || tobacco cured in whole leaf form | | || and | | || packed | or | tied in bundlea hanks or bunches || or | | || in | | || the form | | || of | | || twists | | || or | | || coila | | || 8xplanation-such | varieties' | || of | | || unmanufactued | | || tobacco | used in the manufacture of biris | as || central government, | | || by | | || notification in | the | || official gazette, specifies in this behalf shall | | || dot | be deemed to fall | || within | | || this sub-item | but | || shall be deemed to be unmanufactured tobacco | | || not otherwise specified within the | | || meaning | | || of | | || lub-item | | || (6) | | |(6) if other than flue cured and dot otherwiso one rupee per lb rapecified (7) u used for aaricultural purposea nil one illda per lb (8) staib ii manufacturld tobacco-perhundrc4 twelve rupcca tenrupeea (i) cigars and cheroots of which the valuo-(,) exceed rs 30 a hundred (i) exceeds ri 2s a hundred but doe not exceed ri 30 a hundred (iii) exceeds ri ao a hundred but doei dot eilht rupccll exceed ri 2s a hundred (n) exceeds ri is a hundred but doea not sill: rupeel exceed ri 20 a huddred (0) exceeds ri 10 a hundred but does not four fupeii exceed ri i s a hundred (fji) exc:eeda ri s a huddred but doe not two rupei8 exteed ri 10 a hundred (flit) exc:eeda ri 2-8-0 a hundred but doea not one rllj)cc exceed ri s a hundred (wii) excceda ri 1-4-0 huddnd bat doa not biah& exceed ri 2-8-0 a hundred (is) exceeds 14 annu a hundred but doli not pour annu exceed ri 1-4-0 a huddred per cbouiuid (2) ciprettea of which the nluo-() exceeda ri so a thousand twenty-one npeet and eipt (ii) exceed ri 3s a thouaand but doe, nut nineteen rupees exceed r so a thouand (iii) exceeda ri 30 a thousand but doei not ten rupeea and e!iht anou exceed ri 3s a thousand (iv) exceed r 2s a thouland but doca not nine rupcci and eiaht 1ldjiu e::::eed ri 30 a thousand (0) e;: 'ceds ri ao a thouund but does not six rupees and eitjht annu exec j ri :zs a thousand (fji) exceeds rs is a thousand but doa dot pi"e rupees and eilht 8lldm exceed ri 20 a thousand (ciil) exceeda rr 10 a thousand but does not three rupeoe and alteen , ucecd lb is a thousand palae (wi) exceede ri 7-8-0 a thoueand but does two rupeei not exceed ri 10 a thouand (ix) doea not exceed ill 7-8-0 a thouland one rupee add tweilt)' aaye paiae any three rupees per dacnaad •• aid of aid of (3) biria in the manufacture of which proc:esa hal been conducted with the machinea operated with or without the power 10 tyres-"tyre" meana a pneumatic tyre in the manufacture of which rubber i, uled iiid indudea the inner tube add the outer cover of tuch a tyre (i) tyree for motor vehiclea 40 per cem: ad ollldnm (2) por cyd_ (om thad motor""~ () sixty daye paise per tyle r ftfteen per cedi , fhiitw_, whichever is bfaber thirty naye pai per tiibe fir fifteea per cent z-, whichever ii blsher pitreed per cent tml figiqr_ (3) all other ty ii vegetable product-five piaht rup~es aad leftftty naya p:i·~ per ewt "vegetable product" means any veietable oil or fat which, whether by itself or in admhture with any other liubstance, hal by hydrogenation or by any other procell been hardened for hwnan consumption 12 cotton fabrics-"cotton fabrics" mean ad varieties of fabrics manufactured either wholly or partly from cotton, and include dhoties, iuccs, chadan, bed-sheets, bed-llpreads, counterpanes ana table-cloth, but do not include any iuch fabric>-(g) if it contains 40 per cent or moft by wdiht of wool; (6) if it contains 40 per cent or more by weight of ,ilk ; (c) if it contains 60 per cent or !dore by weight of rayon or artificial silk ; or (4) if manufac:tured on a handloom (i) cotton fabrics, liuperfine--that is to uy, fabrl in which the averaae six ijulas per square yard count of yarn iii 488 or more (2) cotton fabrics, ftdethat i, to uy, fabrics in which the averqe count six usnu add three pies per of yarn is 3s' or more but is lees than 48e aquue yard (3) cotton fabrics, mediumthat ie to uy fabrics in which the averbie four anau per square yard count of yarn is 1711 or more but ill lese thin 3s8 (4) cotton fabrics, coarse--that is to uy, fabrics in which the avcr8le four annaa per square yard count of yarn is_ than 178 (s) cotton fabrics, not otherwise specified thirty-aeven naye paiae pcr square yard ~ i-"count" means count of l1'ey pm lldjanatitm ii-for the purpose of determin-ing the average count of yarn, the following rulea shall apply, namely :-(g) yarn used in the borden or~elvedge~ shall be ianored (b) por multiple-fold yarn, the cou·· of the basic lingle yarn shall be take 1 and the number of ends per inch in the reed or the number of picks per inch, as the case may be, shall be mutiplied by the number of pliea in the yarn e») in the case of fabrics manufactured from cotton and other yarns, the other yarns shall, for the aforesaid purpose, be deemed to be cotton yarn (c) the average count shall be obtained by applying the following formula, name,y :-(count of warp x number of ends per inch in toereed)+(count of wcftxnudlber ofp/ek per ioch) (number of ends per inch in the reed)+ (number of picks per inch), the result being rounded off, wherever necess~yl_ by treating any fraction which i one-nau or more as one, and dlsregardin, any fraction wruch is less than one-half ua rayon or artificial silk fabrics-| "rayon | or | artificial silk fabrics" include all silt naye ||--------------------------------------|-----------------------------|---------------------------------------------------|| paise | | || per | square | || yard | | || varieties | of | fabrics manufactured || wholly | | || or | partly from rayon | or || blst | do | not || () | if | it contains 40 || weight | | || of | wool | || j | | || (n) | | || if | it contains 40 | per || weight | | || of | silk ; | || (iio | | || if | | || it | | || contains cotton and less than 60 per | | || cent by weight | | || of | rayon or artificial silk ; | || (io) ifit contains | | || no | cotton and less than | || 40 | | || per | | || ceot | by | weight || per cent by weight | | || of | rayon | or || artificial | | || sillt; | or | ' || (0) | | || if | manufactured on a handloom | | ub silk fabrics-'silk fabrics' include all varieties of fabrics thirty naye paiae per square yard manufactured either wholly or partly from ilk but do dot include any such fabric-() if it contains 40 per cent or more by weight _ of wool; rate of dut}' , d~crlption of ,ood8 ite )l • (m) if it conlina cotton or artiilcial ,iut or both and ie than ,,0 w-er cent by elpt of 'ilk ; and lee than 40 per cent by weijht of wool and ie than ,,0 per5ent',by welpt of ilk; or uco oollen;fabrics-| | oollen fabrics" mean all varieties | of | fabric ||------------------------------|---------------------------------------|-----------------------------------|----------------|| sill | | | || and a | | | || quaner | | | || per | | | || cent | | | || liwlufactured wholly | of | wool | or || "tikw | •• | | || tain | | | || ,,0 | | | || per | cent | or | more by weight || and | indode | blankets lohia, rugs and ahawla | || but | do | not | include any || () | if | | || manufactured on a handloom ; | | | || (i) | | | || if | manufactured | by | or || ~ | | | || aame | penon | in | one || which leas | | | || than | | | || five powerloom, in all are | | | || inltalled | | | | i!i coffee cured-"coffee" means the seed of the coffee tree three annls per lb (cof!ta), whether with or without hulk, whether cured or uncured but does not include the seed while still attached to the trh 14 tea-''tea'' includes all varieties of the product known commercially a tea, and alao includes areen tea-() tea, all varieties except pacdge tea fallin, within sub-item (2) of thialltem not exceedina 30 naye paise per lb al the central gov· ernment may by notiftcado in the official gaene, fix (2) paebse tea, that ia to say tea packed id any kind of codtainer containin, dot more than 60 ibs net of tea 2i naye paise per lb, tlru the duty for the time beans leviable under lub-item (1) of this item, if oot already paid (i) package tea that is to say tea packed in any!cind of container containing not more than 60 lbs net of tea-(i) if, before being so packed, duty hie been three annas per lb net paid thereon under sub-item (2) of this item (ii) if, before being so packed, duty has not four annas per lb net been paid thereon under sub-item (2) of this item (2) tea not otherwise spacifted one anna per lb det i! cbnbwt, au't'irieties 16 "soap" means au varieti of the product down comaaerciauy as loap-i soap, in or in relation to the man~ ot which any proceal il ordinarily carried oil -itb the aid ot power or of iteam tor heatina-(i) soap, household and laundry-(i) plain ban of not iebs tban one poadd in weijht rupee ave and anniii , percwt (ia) other sorts rupees si and iftm8 tw , cwt (2) soap, toilet "upees fourteen per ewt rupees fourteen per cwt (3) solp, other than household and laundry or toilet ii soap, in or inlrelation to the manufllictw'e of which no process has been carried on with the aid of power or of steam tor heatid8-(i) plain ban of not leas than one pound in weight (ii) other sorts rupees four and iiul&s ~t per cwt rupees five and armaa four per cwt 17 pootwear-- footwear' includes au varietie of footwear, whether known as bootl, shoe, landala, chappala or by any other nam:, and component pllrtl tbereof-(i) footwear produced in any factory includidl ten per ceat 1id~ the precincts thereof whereon ft!tr or more worken are working, or were workldg on illy day of the prccedina twelve months, iild in any pan of which the proccss of manufacturing footwar i heina cnried on with the lid of power or is ordinarily 50 carried on, the total equivalent of such power exceedinl two honepower (2) component pam of footwear in, or in relation pifteeft per cent "tjltn'", to the manufacture of, which illy proccsi is odinarily carried on with the lid of power 18 'bl~ctric pans, including air circulators but excluding those which are designed for use in an industrial syatem as parts indispensable for its operation and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpolle, and pam of such electric fans-(r) table, cabin, carriage, pedestal add air sevu rupees add fu'ty aaye pai circulator fanl,' not exceedlna sixteen inches per fan | rate | of ||-------------|-------|| lmaa | || r | • || deaaripcion | || gf | || oo41e | || fifteen | || nlpocl | || per | || fad | |(a) all och8r film (3) pirt'l offadllboft, the followin" aamely:-oompletc moton, 1t8t8, and rotol'l-(tj) if designed for uae in respect of illy fan fawq within lub-item (1)-() complete dklion (it) stitdn (ut) roton five j1lpees and twenty 8 li&)'e pailc per motor two rupeel and lijay-five naye paie per itator two rupee idd lxty-a"e daje pai,e per rotor (,) if designed for uic in respect of illy fan fallin, within lub-item (2)-() complete moton (ii) staton (iii) rotan ten rupee uid fifty dare ~e per motor five rupees idd twenty-five daje paise per itltor five rupces and nven'y-five nye palle per rotor 1, blbctric lighting bulbs and fluo-rbscbnt lighting tubes-(i) vacuum iild -filled bulbl-(j) n;)t exccediili 100 watts, and train ll,h-ten nay-e paise per bulb tina bulb • 'ii) aceedin, 100 wanl but not esccediq forty nayc paile per bulb 300 watt, idd enainc headlijht bulbi (iii) exceeding 300 wattl sixty naye pallet per b1llb (a) f!toiore,ccnt tube forty naye palle per foot (3) sodium and mercury "apour diacharae lamps five per cent ad clalor_ fifteen per cent 114 f1gitirim (4) all aorta - not otherwile ipecified mbctric battbribs, a}>!f> parts thereof-(i) dry (3) st0rllc fifteen per cedt 1m wltw, fifteen per cent ad fja/t1riiii (a) pana of 8tor c baneriee, the fonowin, aame- seventeen and half per 0cdt iy, containen covers and platel ad fialqr,m 31 papua, all som (includina pasteboard millboard, itrlwboard idd cardboard), in or in relation to the manufacture of which loy procels i, ordinarily carried on with the a1d ofpowet-(i) blottini, toilet tarset, lillue other than ciaa-pifteen nare p'iie per 1, rette tisaue,teleprinter, typewriting, manirold, bank, bond, art paper, chrome paper, tubsized paper, cheque paper, stamp paper, ciil'tridae paper and parchment | it | ||----------------------------------------|------------------------------|| no | || daaaiption | of || (a) | || cqarme | || ti | •• || ue | - || lb | || u) | || priating and | writln, || (4) | || packinaand wrapplna paper, otber aorta | teo || (s) | || ,traw | board, other || (6) | || duplez | ind || (7) | || pulp board, | || not | otherwie lpeci4ed,ldcludin, || ,crib | || arey | || bolrd | and || (i) | || corrugated board | ten || (51) | || coated | bolrd || lod | board for pllyina elrda) || (to) | piper || wise | || apecified | - || | pigments, || vari'oishes, blacks | and || lacquers- | |l (1) pigmeota, co1oun painta and enlmel_ (i) zinc ozide, red lead i white lead iiid titanium diojdde ",nite ei,ht rupee per cwt (il) aluminium paste pour anna, per lb (a) dry colours, nlmely t!:le fouowlna· lead chrome$lnd brunlwlck &reen seven rupees per cwt in the elle of a manufacturer whose output of dry colouu exceeds joo toni per year pive rupee pcr cwt in the clic of a manufacturer whole output (if dry colourl ezcerda 10 tona blolt does not ezceed 100 toni per year; ind nil in the cie of i manufacture, whoae outp"t of dry coloun doel not exceed jo taa pes yelr (3) water paint_(,) dry diatemper incjudina cement-l'!td water paint •• seven rupees per ctn in the clle ofa manufacturer whoil output of water pilote ekceed, joo tona per yellr ; pive rureee per cw! in the else 0 a manufacturer whoso output of wlter plints doea dot exceed joo tona per )'car; ind fi) oil-bound diatempor twelve rupees per c:wt in the case of a manufacturer whole output of water paint a exceed 100 tons per yelr ; nine rupees per cwt in the case of a manufacturer whole output of wlter paints doe, not exceed 100 tona per yelr ; and | deacription | of | good, ||------------------------------------|--------------|----------|| rate | of | duty || it~ | | || no | | || (iii) | | || water pigment finishes for leather | | || one | rupee | and || imperial | | || gallon | | || in | the | case || manufacturer | whoae | output || of | water | plinte || 100 | | || tone | per | year ; || one | rupee | and || per | | || imperial gallon | | || in | | || the | case | of || manufacturer | whoae | output || of | | || wlter paint i | doel | not || 100 | | || toni | per | year; || (io) | | || plastic | | || emulaion | | || paint | three | rupees || imperial gallod | in | the || a | manufacturer | whose || of | water | painu || 100 | | || tons | per | year || i | | || two | rupees | and || imperial gallon | in | the || manufacturer | whoae | output || water paints | doe | not || joo | | || tons | per | year; |(-4) oil paints and enamel-(i) tintilll paste (blue) | pour | anna | per | lb | in ||------------|--------------|---------|--------|---------|| a | manufacturer | whose | output | || of | oil | paints | and | enamels || ezceeds | | | | || 1,000 | | | | || tons | per | year; | | || three | ldoas | per | | || lb | | | | || in | the | caee | of | || a | manufacturer | whose | output | || of | | | | || oil paints | and | enamel | does | || not | exceed | | | || 1,000 | | | | || tona | | | | || per | | | | || year; | and | | | |(ii) stitl' p1illts and ready-mixed paints lold b,,ht | seven rupees | per ||-----------------------------|----------------------|| cwt | || in | the || of | a man ufacturerwh08e || of | oil || ezceeds | || 1,000 | || ton8 | per || pive rupees | per || of | a || put | of || doe | not || 1000 | || toni | || per | || year: | || and | || (iii) | || ready-mij:eci | || paint | and || ,old | || by | || volllll» | || ___ju | || two | rupees || in | || the | case || whose | output || enamels ezc:eed | || 1,000 | || tona | per || year; | || one rupee and eight | || anna | per || imperial | plion || in | || the | || cue | || of | a || manufacturer whose | || output | of || oil paints and enamel doea | || not | || aceed | || 1,000 | toils || per | || fear | ; || and | |748 (b) ls--8 deec:ripdon of aooda rate of duty (5) pipdcdts coloun paints and edldlels not seven rupees per cwt if lold oebenrjh apedfleci by weight ; two rupc!ee per imperial pilon if old by volume one rupee per imperial gallon in the cue of a manufacturer wboae output of nmilhea and blacb ac:eed 100,000 imperial puodi per year j twelve rddu per imperial pllon in the case of a manufacturer wbose output of vamishee and blacks ac:eedb n,ooo imperial gallons but docs not aceed 100,000 imperial ga110ns per year ; and nil in the case of a manufacturer whole output of vamiahel and blackl does not ej:ceed izooo imperial pliod per year ten annas per imperial gallon in the case of a manufacturer ",hole output of vamishea and blacks acceds t 00000 imperial pliona per yeu ; seven annu per imperial gallon in the cale of a manufacturer whose output of varnishes and black aceedll 12,000 imperial gallons but does not exceed '00,000 imperial pliont per year j and nil in the cale of a manufacturer whose output of vamisbea and blacks doe not aceed t 1,000 imperial gallon per year iii caiiuieie· ~(t') nitioiiiiaidie ll!equenclear arid piljl\en- ted five rupees per imperial pllon in the cue of a manufacturer whose output exceeds 2,4,000 imperial pllodl per year i three rupees and tweh'e annas per imperial plion it'! the cue of a manulacturer wllose output exceed 4,000 but does not aceed 24,000 imperial gallons per year j | rate | of | duty ||----------------------|--------|---------|| description | of | goods || item | | || no | | || three | | || ~ | | || aod | | || twu | | || uldii | | || per | | || impe:ial | | || p1loa | | || in | | || the | | || cue | | || of | | || a manufacturer whole | output | || does | | || dot | | || ekceed | | || ",doc) | | || fmpnial | | || pllodi | | || per | ycar | |(;,) nitroceuuloee ancillaries 't'hrce iidiw per lb if aold by weight; three rupeea add two annu per imperial pilon if sold by olume one hundred and twelve rupea per ton vbgetable non-bssential oils alllortli in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power twenty no" ,, per imperial p1lon oj' ahitccd per old' ~ wjlar, •• wbicheftria hjaber plus one rupee and mventlell iia, pain per impcrial p11od refined dibsbl oils and v aporiz-ing oil, that is to aay any mineral oil (excluding mineral eolga od and turpentine aubstitute) which has it6 flashing point at or above seventy-six degrees of fahrenheit's thermometer, and satisfies either ofthe following requirements :-(,) the oil has a flame heil{ht of ten millimeues or more but less than eighteen millimettes ; or (ii) the oil has a flame height of less than ten millimetres but has a viscosity of lesa than one hundred seconds by redwood i viscometer at one hundred degrees of fahrenheit's thermometer, and contains less than ode quarter of one per cent by weillht of any bituminous substnnce l!"plljjlqricm- the apressioru; "mineral oil", "flame height" and "flashing point" have the meanings respectively assianed to them in expumatwm i and ii to item no j and in 25 industrial fuel oils-(ii) contain ode quarter of one per cent or mole by weight of any bituminous substance, add (iij) possesses a ,iacositi of less than one hunat one hundred de,rees of fahrenheit', (b) furnace oil, that is to aay, any mineral oil which--(i) baa a !lame heiljht of len than ten milu-metra, item no deac:ription of goods rate of duty --__-__------(ii) contains one quarter of one per cent or more by weight of any bituminou lubatancc and (iii) poaenel a "iloolity of one hundred eecondl or more by redwood i viacometer at one hundred deareca of fahrenheit's thermometer and "flame height" hili the meaniop relpectively assigned to them in e~lancuio,u i and ii to item no i 26 rayon and synthetic fibres and rupee 001 and iddu eiaht pr yarn lb 27 motor vehicles-- motor vehicles' meanl all mechanically propelled vehicles adapted for use upon roads, and includes a chuis and a trailer; but doea not include a vchicle rurmina upon fixed raua,-(i) autocycles, motor cycles, lcootcn, auto-rick-one hundred and seyenty-ftn shawl and any other three-wheeled motor rupee_ each vchicles (2) motor vchicles of not more than 16 hp by one thouaand rupees each royal automobile club (rac) rating (3) motor can of more than 16 hp by royal three thouaand rupees ncb or automobile club (rac) rating, codltructed fifteen per cent tid "alo,, or adapted to carry dot more than nine person whichever is higher (4) motor vehicles, not otherwise specified two thousand five huddled rupees each or twdve and half per cent ad "alor"" whichenr it higher :as asphalt and bitumen (lncludina twenty-seven per cear ad cutback bitumen and asphalt) natural or pro-"q/_ duced from petroleum or shale 39 cycles,partsopcyclbs other than motor cycles, namely-two rupees each pour r1ipee deh () free wheel (ii) rima 30 internal combustion engines, all sorts, namely-(i) those designed for ute u a primo-1doftr teo per cent oil wd_ for transport vehicles and have been givell for that purpose lome special shape, ize or quality which would not be ealcntial for their use for any other purpose (ii) othcn pit pel cat _ 31 blbctric motors, all sorts and parts thbreof namely-(i) thole desiped for use in circuits of iell than fifteen par ceol l1li vllkw_ 10 amperes and at a pressure not exceedin12,0 volts ~) tboee deaiped for use in circuits at a preaure exceeding 400 volu, and (i) with a rated capacity dot exceedinc 10 hp tea per cent l1li fi~ (ia) esceeding 10 hp fin per cent l1li flalor_ (3) all others fifteen per cent qd valormt (4) parts of elec:tric moton fifteen per cent ad flalor", 3:2 cinbmatograph films, exposed-| of | a ||---------------------------|----------------|| width | of || 30 | || below | || 30 | || mm | || mid | || or | higher || (i) | || news reel! and shorts not | nceedinl || ~oo | || mcu'cs | || (:2) | feature filma, || advertiaement | || shorts, | || and | || films | || not otherwise specified | || fifteen | || nay, | || pai, | || per | || metre | || jllfly | || nay | || pa;- | || per metre | || ten | || 110,)" | || ,aise | || per | metre || thiny | || aar | || nil,)" | || pai" | || per | || metre | | 33 aluminjum-(a) inany crui= form including inaotl, ban, three hundred rupees per metric blocks, slabll, billets, shorts and pellets tonne (b) manufactures, the following, namelf, five hundred rupees per metrk plates sheets, circles, strips and foils tn tonnc any form or lize 34 tin plates and tinned sheets in-two bluldred rupees per metric cluding tin taggbrs, and cut-todde tings of such platbs, shbbts or taggers 3s pig iron tcn rupea per metric tonnc description of joods race of additioou diity itcmno in the fint schedule to the central excilea and salt act 194-4 8, sugarthree rupea iidd tblrt)oone naye paiac per c'wt 9 tobacco-i u-'4faaurd tobcu:co-per lb nil nil nil nil (i) if flue cured and uled in the manufacture of cigarettea containing-(i) more than 60 per cent wiehgt of imponed tobacco (il) more than 40 per cent but not more than 60 per cent weight of imponed tobacco (iii) more than 20 per cent but not more than 40 per cent weight of imponed tobacco (if) 20 per cent or leas than 20 per cent weight of imported tobacco (ii) no imported tobacco nil fifty naye paise (2) if flue cured and used for the manufacture of smoking mdturea for pipes and cigarettes (3) if flue cured and not otherwise specified twenty naye pae ' nil (4) if other than flue cured and ulcd for the manufacture of (a) cigarettes or (b) smoking mixturca for pipes and cigarettes (5) if not ftuccured and not actua1iy used for the manufacture of (a) cigarettes or (b) smoking mixtures for pipes and cigarettes-(,) stems of tobacco larger than 1'4" and items of tobacco dot iarjer than 1/16" in size (is) dult of tobacco (iis) granule ('rawa') of tobacco not larger than 1/16" square in size (w) tobacco cured in whole leaf form and packed or tied in bundles hank or bwlchca or in the form of twistt or coila (i)(2) (6) if other than flue cured and not otherwise twenty oaye paise specified (,) if used for agricultural purposes nil (8) stalks one naya pai per hundred ii mti1fm/a&i"1d 10",,"0-(i) ciprs and cheroots of which the value-'ibtee rupees () exceeds ri 30 a hundred (if) exceeds ri 2s 'a hundred but does two rupees and fihy naye dot ezceed re 30 a hundred paise (ji,) exceeds ri 20 a hundred but doe not two rupees exceed re 2s a hundred (itl) exceeds rs is a hundred but does not one rupee and ftfty naye exceed rs 20 a hundred paise (v) exceeds rs 10 a hundred but does not one rupee exceed ri 15 a hundred (tli) exceeds rs 5 a hundred but does not fifty oaye paise exceed rs 10 a hundred (d,) exceeds rs 2-8-0 a hundred but does twenty-five naye paise not exceed ri 5 a hundred (viis) exceeds rs 1-4-0 a hundred but ten naye paise does not exceed rs 2-8-0 a hundred (i%) exceeds 14 iddu a hundred but does five naye paise not exceed re 1-4-0- a hundred (2) cigarettes of which the valu_ per thoullftd (i) exceeds ri so a thousand bight rupeea and sixty naye paise seven rupees and sixty na~'e paise (it) exceeds r8 35 a thousand but does not exceed ri so a thousand four rupees and twenty naye paise (iii) exceeds rs 30 a thousand but does not exceed re 35 a thousand three rupees and ei,hty naye pai8e (if) exceeds rs 25 a thousand but does not exceed ri 30 a thousand two rupees and sixty naye paise (v) exceeds ri 20 a thousand but does not exceed ri :as - thousand two rupees and twenty naye paile (ti) exceeds rs is a thouaand but does dot exceed ri 20 a thousand one rupee and ten naye paise (w) exceed rs 10 a thousand but does not exceed rs is a thousand (wi) exceeds rs ,-8-0 a thousand but sixty naye paise does not exceed rs 10 a thousand (is) does not exceed ri ,-8-0 a thousand forty nayc paise -----_ -- _---• _-_ (i) (3) biris in the manufacnire of which any sixty naye paise procesl baa been conducted with the aid of machinea operated with or without the aid of power 12 cotion pabrics-| (1) cotton fabric, | lurerfine ||------------------------|--------------|| (2) cotton | || fabrics, | || fine | || thirteen naye paise | per || square | yard || bight naye | || pede | per || square | || yard | || (3) | || cotton | || fabrics, medium | || pour | || aa}'e | || paiae | || per | || square | || yard | || (4) | || cotton | || fabrics, | || c:oane | || three | || aaye paise | per || square | || yard | || (5) | || cotton | || fabrics | || not | || otherwise | || specified | || thirteen | aaye paise || square yard | |il-a rayon or artlpiclal silk pabrics three naye paise per square yard 11 woollen pabrics five per cent ad vtjlorlln extracts from the additional duties of excise (goods of special importance) act, 1957 (no 58 of 1957) - • - • - i>eftnituldi 2 - • - • •(c) the words and expressions "sugar", "tobacco", "cotton fabrics", "rayon or artificial silk fabrics" and "woollen fabrics" shall have the meanings respectively assigned to them in items nos 8, 9, 12, 12a and 12c of the first schedule to the central excises and salt act, 1944 1 of 1944· - - - - - extracts from the mineral oils (additional duties of excise and customs) act, 1958 (no 27 of 1958) - • - • •deftnitiod" 2 in this act, "kerosene", "motor spirit", "refined diesel oils and vaporizing oil" and "diesel oil, not otherwise specified" and "furnace oil" shall have the meanings respectively assigned to them in items nos 1, 4, 24 and 25 of the first schedule to the central excises and salt act, 1944 i of 1944 levy ind 3 (1) there shall be levied and collected in respect of the goods ;~~:~:l of mentioned in column 1 of the table hereunder duties of excise at dut}ci of such rates not exceeding those specified in relation thereto in =~ on column 2 of the said table as may be specified by the central mineral oua government by notification in the official gazette,-| description | of ||---------------------|---------------|| goods | || rate | of || i | 2 || i | || kerosene | twelve || per | || imperial gallon | || 2 | || motor spjrit | twenty-five || 3 | || refined diesel oils | and || fifteen | || nay' | paise || gallon | || porizing | || oil | || 4 diesel oil, | not || per | || ton | || specified | || s | || furnace oil | || | rupees twenty || per | || ton | |748(b)~7 - of 1953) - - - ~ (1) there shall be levied ~ncl collected em all clo1;p manu- !d'jlti~ f~c~\lied qp qr after the ~ppo41ted day in india, anq on all cloth duty of ex- ~¥in~ in stpck qn the appointed d~y in jlny factory where cloth is cisc od cloth· m~ufacturecl or m any premi~s appurtenant thereto, '" duty of excise at the rate of three pies per sq~~fe yard: provided that no such duty shall be levied on cloth which is exported out of india - - - - - e~tracts from the dhoties (additional excise duty) act, 1953 (no 39 of 1953) - - - - - 2 in this act,-de&itiona (a) 4idhou" means any type of grey or bleached cloth of - plain weave which-- - - - (iii) has a width l'anljli pew 1l t~:qtyeight inches and ftfty~four inohe; and - - - - !' the ~chedule (see be~~ 4)rate of duty where the quantity of dhoties issued out of any mill or any group or milla during any quarter is in excess of the permissible quota for that quarter :-two annu per yard three annas per yard four a~ per y~d eight annas per yard - (i) in "":respect of the quantity which does not exceed the pennissible guota br more than 12% thereof (2) in respect of the quantity which ~~, tq,: pennissibje qllqta p¥ more than 121% thereof but does jlot ~ it by more thap +s% (3) in respect of the quantity which exceeds the pennissible quota by more than 25% thereof tdut d~ not exceed it by more than 50% (4) in respect of the quantity which exceeds the peni1iasible by more than 50 % thereof quota - - - - - •- - - the schedule[see section 4(1)] | rate | of ||---------|-------------------------------------|| the | duty leviable under section 4 shall || be- | |(a) where the said quantity does not six naye paise per square yard exceed 5 per cent of the expon quota (b) where the said quantity exceeds 5 per cent of the expon quota but does not exceed 10 per cent thereof: (,) on the quantity which does six naye paise per square yard not exceed 5 per cent of the expon quota (i,) on the balance nine naye paise per square yard (c) where the said quantity exceeds 10 per cent of the expon quota : six naye paise per square yard (,) on the quantity which does not exceed s ~ cent of tpe expon qupta (;) on the qqa1ltity which r- njae najll p4ih pot square ceeds 5 per cent of the expon yard quota but does not exceed 10 per cent thereof - | (ii,) on | the ||-------------|--------|| twelve | || naye | paise || per | || square | || yard | || - | || - | || - | |- - - - extracts from the sugar export promotion a£t, 1958 (no 30 of 1958) - • •le~ of additional exciae duty onsuid· 7 (1) where sugar delivered by any owner falls short of the export quota fixed for it by any quantity (hereinafter referred to as the said quanti~y) i there sh~l1 be levied anel coll~ted on so much of the sugar despatched from the factory for consumption in india as is equal to the said quantity, a duty of excise at the rate of seventeen rupees per maund - - - - - a bill further to am~d certain laws relating to duties of excise for the purpose of introducing metric units in such laws the president has, in pursuance of clause (1) of article ii7 and clause (i) of article 274 of the constitution of india recomml:nded to lok sabha the introduction of the bill ' m n kaul, secretary (shri morarj; desai, minister of finance) | Parliament_bills | be79457c-3be7-57a5-996a-081d655e2aa5 |
bill no 97 of it82 the appropriation (no3) bill, 1982 a billto authorise payment and appropriation of certain further bumb from and out of the consolidated fund of india for the sert1ices uf the :f£nanci41 year 1982-83 be it enacted by parliament in the thirty-third year of the republic of india as follows:-1 this act may be called the appropriation (no3) act, 1982 short title 2 from and out of the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of two thousand two hundred and sixty-two crores, sixty-one lakhs and twenty-one thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1982-83, in respect of the services | issue | of ||-----------|-------|| ra | || 22&2, | || 6121000 | || out | of || con- | || solidated | || fwld | || ot | || india | for |10 specified in column 2 of tl;te schedule ~he year 1982-83· appropriation 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 the said year no servic" and purposes of sunil not cxceedina vote -~- ~- \--~~-- -,~ i~~" ~-----' | voted by | charpd ||-------------------|-----------------|| on | || the | total || parliament | || i | || consolidated | || i | || fund | || i | || -- | || --~ | || | || i-·~·- | || | _- || ri | || i | || ri | || -_ | || r"~··-'··-· | || ri | || 5 | || i | || forest | || 10 | || capital | || 2,:15,00,000 | || i | || 11,25,00,000 | || i!i | || foreign | trade || export | || prodyctiol1 | || 480 | || ,00,00,000 | || capital | || tso,oo,oo,ooo | || 13 | || textiles, | handloom || and | || handic::rafts | || capital | || ii | ,70,00,000 || 11,7 | || 0 | ,00,000 || 26 | || education | || capital | || 1,60,90,000 | || i ,60,90,000 | || 15 | || 3 | || 0 | || department | of || rev'edue | 1,000 || 1,000 | || capital | || 7,00,00,000 | || 7,00,00,000 | || 41 | || , transfe1'll | || to | || state | || go\~rn· | || menb | || capital! | || 11411/6('0000 | || 1 | 743,46,00,0()() || {2 | || other | expenditw'e || ministryarfinance | || revenuel | || 1000 | || 1,000 | || 20 | || 45 | || medical | and || health | || capital | || j | || 4,io,ootj | || 4,10,000 | || 52, | || other | expenditure || miniltt<y | || of | || hom" affairs - | || rev'en | ue || i | || 5,83;000 | || 7000 | || 5,90,000 | || 6s | || broadcasting | capital || 1,000 | || 1,000 | || 25 | || ,8 | || porta, | || light | || llotl,c, | || and | || shipping | revenue || 2,5 | || 0 | || ,00,000 | 2,5 || 0 | || ,00,000 | || capital | || 1,000 | || r | || ,ooc, | || 79 | || road | and || inland | water || traasport | capital || 8,00,00,000 | || 8,00,00,000 | || | || | || ,: | || 100 | || department | || of | || ocean | || deyelopment | || revcllue | || 5,99,00,000 | || 5,99,00,000 | || 3 | || 0 | || ) | || ~l | || f" | || 1"4 | || ~partmentor | || space | || revenue | || 7000 | || 7,000 | || | (!apital || 30000 | || 20,000 | || | || total | | 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, excluding railways, for the financial year 1982-83 pranajl mukherjee president's recommendation under article 117 of the constitution of india[copy of letter no f 4(45)-b(se) 182, dated the 26th july lg82 from shri pr:mab kumar mukherjee, minister of finance to the secretary, lok sabha] the president, having been informed o~ the subject matter of the proposed bill to authorise payment and appropri~tion of certain further sums from and out of the consolidated fund of india for the services of the financial year ending on the 31st riay of march, 1983, recommends the introduction of the appropriation (no3) bill, 1982 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 2 the bill will be introduced in lok sabha after all the supplemen tary demands for grants for 1982·83 have been voted a billto authorise payment and appropriation of certain further sums from and out of the consoudated funl\ of india for the services of the financial year 1982-83 (shri pranab kumar mukherjee minister of finance) | Parliament_bills | bd8ac8d0-9f06-5667-aeca-998cbf07176d |
the code on social security, 2020—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent, commencement and application 2 definitions3 registration and cancellation of an establishment chapter ii social security organisations4 constitution of board of trustees of employees' provident fund 5 constitution of employees' state insurance corporation 6 national social security board and state unorganised workers' board 7 constitution of state building workers welfare boards 8 disqualification and removal of a member of any social security organisation 9 procedure for transaction of business of social security organisation, etc10 executive heads of central board and corporation 11 supersession of corporation, central board , national social security board or stateunorganised workers' board or the building workers' welfare board12 state board, regional boards, local committees, etc 13 entrustment of additional functions to social security organisations chapter iii employees provident fund14 appointment of officers of central board 15 schemes 16 funds 17 contribution in respect of employees and contractors 18 fund to be recognised under act 43 of 1961 19 priority of payment of contributions over other debts 20 chapter not to apply to certain establishment 21 authorising certain employers to maintain provident fund accounts 22 transfer of accounts 23 appeal to tribunal chapter iv employees state insurance corporation clauses24 principal officers and other staff 25 employees' state insurance fund 26 purposes for which employees' state insurance fund may be expended 27 holding of property, etc 28 all employees to be insured 29 contributions 30 administrative expenses 31 provisions as to payment of contributions by employer, etc 32 benefits 33 corporation's power to promote measures for health, etc, of insured persons 34 presumption as to accident arising in course of employment 35 accidents happening while acting in breach of law, etc 36 occupational disease 37 references to medical board 38 dependants' benefit 39 medical benefit 40 provision of medical treatment by state government or by corporation 41 general provisions as to benefits 42 corporation's rights when an employer fails to register, etc 43 liability of owner or occupier of factories, etc, for excessive sickness benefit 44 scheme for other beneficiaries 45 schemes for unorganised workers, gig workers and platform workers 46 exemption of factories or other establishments belonging to government or any localauthority47 contributions, etc, due to corporation to have priority over other debts 48 constitution of employees' insurance court 49 matters to be decided by employees' insurance court 50 powers of employees' insurance court 51 proceedings of employees' insurance courts 52 appeal to high court chapter v gratuity53 payment of gratuity 54 continuous service 55 nomination56 determination of amount of gratuity 57 compulsory insurance 58 competent authority chapter vi maternity benefit59 employment of, or work by, women prohibited during certain period 60 right to payment of maternity benefit 61 continuance of payment of maternity benefit in certain cases 62 notice of claim for maternity benefit and payment thereof 63 payment of maternity benefit in case of death of a woman 64 payment of medical bonus 65 leave for miscarriage, etc 66 nursing breaks 67 creche facility 68 dismissal for absence during pregnancy 69 no deduction of wages in certain cases 70 forfeiture of maternity benefit 71 duties of employer 72 power of inspector-cum-facilitator to direct payments to be made chapter vii employee's compensation73 reports of fatal accidents and serious bodily injuries 74 employer's liability for compensation 75 compensation in case of death of or injury in plantation 76 amount of compensation 77 compensation to be paid when due and damages for default 78 method of calculating monthly wages for purposes of compensation 79 review 80 commutation of half-monthly payments 81 distribution of compensation 82 notice and claim 83 special provisions relating to accidents occurring outside indian territory 84 medical examination 85 contracting 86 remedies of employer against stranger 87 insolvency of employer88 power to require from employers statements regarding fatal accidents 89 registration of agreements 90 reference to competent authority 91 appointment of competent authority 92 venue of proceedings and transfer 93 form of application 94 power of competent authority to require further deposit in cases of fatal accident 95 powers and procedure of competent authority 96 appearance of parties 97 method of recording evidence 98 power to submit cases 99 appeal against order of competent authority chapter viiisocial security and cess in respect of building and other construction workers100 levy and collection of cess 101 interest payable on delay in payment of cess 102 power to exempt from cess 103 self-assessment of cess 104 penalty for non-payment of cess within the specified time 105 appeal to appellate authority 106 registration of building workers as beneficiaries 107 cessation as a beneficiary 108 building and other construction workers' welfare fund and its application chapter ix social security for unorganised workers, gig workers and platform workers109 framing of schemes for unorganised workers 110 funding of state government schemes 111 record keeping 112 helpline, facilitation centre, etc, for unorganised workers, gig workers and platformworkers113 registration of unorganised workers, gig workers and platform workers 114 schemes for gig workers and platform workers chapter x finance and accounts115 accounts 116 audit 117 budget estimates 118 annual report119 valuation of assets and liabilities 120 holding of property, etc 121 writing off of losses chapter xi authorities, assessment, compliance and recovery122 appointment of inspector-cum-facilitators and their powers 123 maintenance of records, registers, returns, etc 124 employer not to reduce wages, etc 125 assessment and determination of dues from employer 126 appeal against order of authorised officer relating to chapter iv 127 interest on amount due 128 power to recover damages 129 recovery of amount due 130 validity of certificate and amendment thereof 131 other modes of recovery 132 application of certain provisions of income-tax act chapter xii offences and penalties133 penalty for failure to pay contributions, etc 134 enhanced punishment in certain cases after previous conviction 135 offences by companies 136 cognizance of offences 137 prior opportunity before prosecution 138 compounding of offences chapter xiii employment information and monitoring139 reporting of vacancies to career centres 140 exclusions from application of this chapter chapter xiv miscellaneous141 social security fund 142 application of aadhaar 143 power to exempt establishment 144 power to defer or reduce 145 liability in case of transfer of establishment 146 the members, officers and staff to be public servants 147 protection of action taken in good faith 148 misuse of benefits149 power of central government to give directions to state government, and socialsecurity organisations150 power to frame schemes 151 protection against attachment, etc 152 power to amend schedule 153 transitional provisions 154 power of appropriate government to make rules 155 power of central government to make rules 156 power of state government to make rules 157 power of corporation to make regulations 158 prior publication of rules, regulations, etc 159 rules to give effect to arrangements with other countries for the transfer of money paidas compensation160 laying of rules, regulations and schemes, etc 161 effect of laws and agreements inconsistent with this code 162 delegation of powers 163 power to remove difficulties 164 repeal and savingsthe first schedule the second schedule the third schedule the fourth schedule the fifth schedule the sixth schedule the seventh schedulebill no 121 of 2020 the code on social security, 2020 a billto amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected therewith or incidental thereto be it enacted by parliament in the seventy-first year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the code on social security, 2020 (2) it extends to the whole of indiashort title, extent, commencement and application(3) 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 code and any reference in any such provision to the commencement of this code shall be construed as a reference to the coming into force of that provision(4) the applicability of the chapters specified in columns (1) and (2) of the first schedule shall, without prejudice to the applicability of the other provisions of this code, be such as is specified in corresponding entry in column (3) of that schedule5 10(5) notwithstanding anything contained in sub-section (4), where it appears to the central provident fund commissioner, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iii should be made applicable to that establishment, the central provident fund commissioner, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement:15provided that where the employer of an establishment to which the provisions of chapter iii applied under this sub-section desires to come out of such applicability, he may make an application to the central provident fund commissioner and the central provident fund commissioner shall, if satisfied that there is an agreement between the employer and majority of the employees to this effect, make the provisions of that chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the central government20(6) the central government may, after giving not less than two months' notice of its intention so to do, by notification, apply the provisions of this code to any establishment employing not less than such number of persons as may be specified in the notification25(7) notwithstanding anything contained in sub-section (4), where it appears to the director general of the corporation, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of chapter iv should be made applicable to that establishment, the director general of the corporation, may, by notification, apply the provisions of the said chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement:30provided that where the employer of an establishment to which the provisions of chapter iv applied under this sub-section desires to come out of such applicability, he may make an application to the director general of the corporation and director general of the corporation shall, if satisfied that there is an agreement between the employer and majority of the employees to this effect, make the provisions of that chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the central government35(8) notwithstanding anything contained in sub-section (4), an establishment to which any chapter applies at the first instance shall continue to be applied thereafter even if the number of employees therein at any subsequent time falls below the threshold specified in the first schedule in respect of that chapterdefinitions2 in this code, unless the context otherwise requires,—40(1) "agent" when used in relation to an establishment, means every person, whether appointed as such or not, who acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of such establishment or part thereof;45(2) "aggregator" means a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider;(3) "appropriate government" means—50(a) in relation to, an establishment carried on by or under the authorityof the central government or concerning any such controlled industry as may be specified by notification in this behalf, by the central government or the establishment of railways including metro railways, mines, oil field, major510ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or the central public sector undertaking or subsidiary companies set up by the central public sector undertakings, subsidiary companies set up by the principal 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 or any company in which not less than fiftyone per cent of the paid up share capital is held by the central government, as the case may be, or in relation to an establishment having departments or branches in more than one state, as the case may be, the central government; and (b) in relation to any other establishment, the state government1560 of 2002explanation 1—for the purposes of this clause, the expression "metro railway"means the metro railway as defined in sub-clause (i) of clause (1) of section 2 of the metro railways (operation and maintenance ) act, 2002explanation 2—for the purposes of this clause, the central government shall continue to be the appropriate government for the central public sector undertakings even if the holding of the central government reduces to less than fifty per cent equity in that public sector undertaking after the commencement of this code;20(4) "audio-visual production" means audio-visual produced wholly or partly in india and includes—(i) animation, cartoon depiction, audio-visual advertisement; (ii) digital production or any of the activities in respect of making thereof; and25(iii) features films, non-feature films, television, web-based serials, talk shows,reality shows and sport shows;(5) "authorised officer" means such officer of the central board, or as the case may be, of the corporation notified by the central government;30 35 40(6) "building or other construction work" means the construction, alteration, repairs,maintenance or demolition in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, internet towers, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the central government, by notification, but does not include any building or other construction work which is related to any factory or mine or any building or other construction work employing less than ten workers or where such work is related to own residential purposes of an individual or group of individuals for their own residence and the total cost of such work does not exceed fifty lakhs rupees or such higher amount and employing more than such number of workers as may be notified by the appropriate government;(7) "building worker" means a person who is employed to do any skilled, semi-5(9) "career centre" means any office (including employment exchange, place or portal)established and maintained in the manner prescribed by the central government for providing such career services (including registration, collection and furnishing of information, either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode) as may be prescribed by the central government, which may, inter alia, relate generally or specifically to—(i) persons who seek to employ employees; (ii) persons who seek employment; (iii) occurrence of vacancies; and10(iv) persons who seek vocational guidance and career counselling or guidance to start self-employment; (10) "central board" means the board of trustees of the employees' provident fund constituted under section 4;15(11) "central provident fund commissioner" means the central provident fund commissioner of the central board appointed under sub-section (1) of section 14;(12) "child", for the purposes of chapter vi, includes a stillborn child; (13) "commissioning mother" means a biological mother who uses her egg to create an embryo implanted in any other woman;2018 of 2013(14) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;(15) "compensation" means compensation as provided under chapter vii; (16) "competent authority" means any authority appointed under section 58 for the purposes of chapter v or notified for the purposes of chapter vi or appointed under section 91 for the purposes of chapter vii, as the case may be, as competent authority by the appropriate government or the state government;25(17) "completed year of service" means continuous service for twelve months; (18) "confinement" means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead;30 35(19) "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 an employee (other than part time employee) who 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), and 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;(20) "contractor", in relation to an establishment means a person, who—40(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; or(ii) supplies contract labour for any work of the establishment as mere human resource, and includes a sub-contractor;45(21) "contribution" means the sum of money payable by the employer, under this code, to the central board and to the corporation, as the case may be, and includes any amount payable by or on behalf of the employee in accordance with the provisions of this code;(22) "corporation" means the employees' state insurance corporation constituted under section 5;(23) "delivery" means the birth of a child; (24) "dependant" means any of the following relatives of deceased employee, namely:—5(a) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother:provided that for the purposes of chapter iv, a legitimate adopted son, who has not attained the age of twenty-five years, shall be dependant of the deceased employee;10(b) if wholly dependant on the earnings of the employee at the time of his death, a legitimate or adopted son or a daughter who has attained the age of eighteen years and who is infirm; except for the purposes of chapter iv wherein the word "eighteen" occurring in this sub-clause shall be deemed to have been substituted by the word "twenty-five";15(c) if wholly or in part dependent on the earnings of the employee at the time of his death,—(i) a widower; (ii) a parent other than a widowed mother;20(iii) a minor illegitimate son, an unmarried illegitimate daughter or adaughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor;(iv) a minor brother or an unmarried sister or a widowed sister if a minor; (v) a widowed daughter-in-law; (vi) a minor child of a pre-deceased son;25(vii) a minor child of a pre-deceased daughter where no parent of the child is alive, or;(viii) a grandparent if no parent of the employee is alive30explanation—for the purposes of sub-clause (b) and items (vi) and (vii) of sub-clause (c), references to a son, daughter or child include an adopted son, daughter or child, respectively; (25) "dock work" means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes—35(i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port;40(ii) all repairing and maintenance processes connected with any hold, tank structure or lifting machinery or any other storage area on board the ship or in the docks; and(iii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area in board the ship or in the docks; (26) "employee" means any person (other than an apprentice engaged under the apprentices act, 1961) employed on wages by an establishment, either directly or through a contractor, to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, 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:5provided that for the purposes of chapter iii, except in case of the employees' provident fund scheme and chapter iv, the term "employee" shall mean such employee drawing wages less than or equal to the wage ceiling notified by the central government and includes such other persons or class of persons as the central government may by notification, specify to be employee, for the purposes of those chapters:10provided further that for the purposes of counting of employees for the coverage of an establishment under chapter iii and chapter iv, as the case may be, the employees, whose wages are more than the wage ceiling so notified by the central government, shall also be taken into account:15provided also that for the purposes of chapter vii, the term "employee" shall mean only such persons as specified in the second schedule and such other persons or class of persons as the central government, or as the case may be, the state government may add to the said schedule, by notification, for the purposes of that government;20(27) "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,—25(a) in relation to an establishment which is a factory, the occupier of the factory; (b) in relation to mine, the owner of the mine or agent or manager having requisite qualification under the law for the time being in force and appointed by the owner or agent of the mine as such;30(c) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director;(d) contractor; and (e) legal representative of a deceased employer;35(28) "employment injury" means a personal injury to an employee, caused by accident or an occupational disease, as the case may be, arising out of and in the course of his employment,—40(i) for the purposes of chapter iv, if the employee is an insured or insurable employee under section 28 whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of india; and(ii) for the purposes of chapter vii, whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of india; (29) "establishment" means—45(a) a place where any industry, trade, business, manufacture or occupation is carried on; or(b) a factory, motor transport undertaking, newspaper establishment, audiovisual production, building and other construction work or plantation; or(c) a mine, port or vicinity of port where dock work is carried outexplanation—for the purposes of chapter iii, where an establishment consists of different departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment;5(30) "executive officer" means such officer of the appropriate government as may be notified by that government for the purposes of chapter xiii or an officer authorised in writing by such executive officer to discharge his duties under that chapter;10(31) "exempted employee" for the purposes of chapter iii, means an employee to whom any of the schemes referred to in section 15, but for the exemption granted under this code, would have applied and for the purposes of chapter iv, means an employee, whose wage is specified in the notification by the central government and who is not liable to pay employee's contribution;(32) "factory" means any premises including the precincts thereof—15(a) whereon ten or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or(b) whereon twenty or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,20but does not include a mine, or a mobile unit belonging to the armed forces of the union, railways running shed or a hotel, restaurant or eating placeexplanation 1—for computing the number of employees for the purposes of this clause, all the employees in (different groups and relays) a day shall be taken into account25explanation 2—for the purposes of this clause, the mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof;(33) "family" means all or any of the following relatives of an employee or an unorganised worker, as the case may be, namely:—(a) a spouse;30(b) a minor legitimate or adopted child dependent upon the employee or anunorganised worker, as the case may be;(c) a child who is wholly dependent on the earnings of the employee or anunorganised worker, as the case may be, and who is—(i) receiving education, till he attains the age of twenty-one years; and (ii) an unmarried daughter;35(d) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, so long as the infirmity continues;40(e) dependent parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be prescribed by the central government;(f) in case the employee or an unorganised worker, as the case may be, is unmarried and his parents are not alive, a minor brother or sister wholly dependent upon the earnings of the insured person;(34) "fixed term employment" means the engagement of an employee on the basis of a written contract of employment for a fixed period:provided that—5(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent employee doing the same work or work of a similar nature; and(b) he shall be eligible for all benefits, under any law for the time being in force, available to a permanent employee proportionately according to the period of service rendered by him even if his period of employment does not extend to the required qualifying period of employment;10(35) "gig worker" means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship;15(36) "home-based worker" means a person engaged in the production of goods or services for an employer in his home or other premises of his choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs;(37) "inspector-cum-facilitator" means an inspector-cum-facilitator appointed under section 122;20(38) "insured person" means the insured person referred to in section 28; (39) "insurance fund" means the deposit-linked insurance fund established under clause (c) of sub-section (1) of section 16;(40) "insurance scheme" means the deposit-linked insurance scheme framed under clause (c) of sub-section (1) of section 15;25(41) "inter-state migrant worker" means a person who is employed in an establishment and who—(i) has been recruited directly by the employer or indirectly through contractor in one state for employment in such establishment situated in another state; or30(ii) has come on his own from one state and obtained employment in an establishment of another state (hereinafter called destination state) or has subsequently changed the establishment within the destination state, under an agreement or other arrangement for such employment and drawing wages not exceeding eighteen thousand rupees per month or such higher amount as may be notified by the central government from time to time;(42) "manufacturing process" means any process for—35(i) making, altering, repairing, ornamenting, finishing, oiling, washing, cleaning, breaking up, demolishing, refining, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or(ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or40(iv) composing, offset printing, printing by letter press, lithography, photogravure screen printing, three or four dimensional printing, prototyping, flexography or other types of printing process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or45(vi) preserving or storing any article in cold storage; or (vii) such other activities as the central government may notify;(43) "maternity benefit", in respect of chapter vi, means the payment referred to in sub-section (1) of section 60;5(44) "medical practitioner" means a person registered under any law for the time being in force, or, any person declared by the state government, by notification, to be qualified as medical practitioner for the purposes of this code:10provided that different class or classes of medical practitioner having specific qualification may be notified by the central government for the purposes of chapter iv and by the appropriate government for other chapters of this code;34 of 1971(45) "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the medical termination of pregnancy act, 1971;35 of 1952(46) "mine" shall have the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the mines act, 1952;15(47) "minor" means a person who has not attained the age of eighteen years;45 of 1860(48) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy, but does not include any miscarriage, the causing of which is punishable under the indian penal code;20(49) "national social security board" means the national social security board for unorganised workers constituted under sub-section (1) of section 6;(50) "notification" means a notification published in the gazette of india or 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;25(51) "occupational disease" means a disease specified in the third schedule as a disease peculiar to the employment of the employee;(52) "occupier" in respect of a factory means the person who has ultimate control over the affairs of the factory:provided that—30(a) in the case of a firm or other association of individuals, any one of the individual partners or members thereof;(b) in the case of a company, any one of the directors, except any independent director within the meaning of sub-section (6) of section 149 of the companies act, 2013;18 of 201335(c) in the case of a factory owned or controlled by the central government orany state government, or any local authority, the person or persons appointed to manage the affairs of the factory by the central government, the state government or the local authority or such other authority as may be prescribed by the central government,shall be deemed to be the occupier:40provided further that in the case of a ship which is being repaired, or on whichmaintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the central government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier;(53) "oilfield" shall have the meaning assigned to it in clause (e) of section 3 of theoilfields (regulation and development) act, 1948;(54) "organised sector" means an enterprise which is not an unorganised sector;5(55) "permanent partial disablement" means, where the disablement is of a permanent nature, such disablement as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement:provided that every injury specified in part ii of the fourth schedule shall be deemed to result in permanent partial disablement;10(56) "permanent total disablement" means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement:provided that permanent total disablement shall be deemed to result from every injury specified in part i of the fourth schedule or from any combination of injuries specified in part ii thereof where the aggregate percentage of the loss of earning capacity, as specified in the said part ii against those injuries, amounts to one hundred per cent;15(57) "pension fund" means the pension fund established under clause (b) of subsection (1) of section 16;(58) "pension scheme" means the employees' pension scheme framed under clause(b) of sub-section (1) of section 15;(59) "plantation" means—20(a) any land used or intended to be used for—(i) growing tea, coffee, rubber, cinchona or cardamom which admeasures five hectares or more;25(ii) growing any other plant, which admeasures five hectares or more and in which ten or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the central government, the state government, by notification, so directs30explanation—where any piece of land used for growing any plant referred to in this sub-clause admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more;35(b) any land which the state government may, by notification, declare and which is used or intended to be used for growing any plant referred to in sub-clause (a), notwithstanding that it admeasures less than five hectares:provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this code; and40(c) offices, hospitals, dispensaries, schools and any other premises used for any purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises;45(60) "platform work" means a work arrangement outside of a traditional employeremployee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the central government, in exchange for payment;(61) "platform worker" means a person engaged in or undertaking platform work;15 of 1908(62) "port" shall have the meaning assigned to it in clause (4) of section 3 of the indian ports act, 1908;(63) "provident fund" means the employees' provident fund established under clause(a) of sub-section (1) of section 16;5(64) "provident fund scheme" means the employees' provident fund scheme framedunder clause (a) of sub-section (1) of section 15;(65) "prescribed" means prescribed by rules made under this code;24 of 1989(66) "railway" shall have the meaning assigned to it in clause (31) of section 2 of the railways act, 1989;10(67) "railway company" includes any persons whether incorporated or not, who areowners or lessees of a railway or parties to an agreement for working a railway;15(68) "recovery officer" means any officer of the central government, state government, central board or the corporation, who may be authorised by the central government or the state government, as the case may be, by notification, to discharge the functions and to exercise the powers of a recovery officer under this code;(69) "regulations" means regulations made by the corporation under this code; (70) "retirement" means termination of the service of an employee otherwise than on superannuation;2011 of 1976(71) "sales promotion employees" means the sales promotion employees as defined in clause (d) of section 2 of the sales promotion employees (conditions of service) act, 1976;(72) "schedule" means a schedule to this code; (73) "seamen" means any person forming part of the crew of any ship, but does not include the master of the ship;25 30(74) " seasonal factory " means a factory which is exclusively engaged in one or moreof the following manufacturing processes, namely, cotton ginning, cotton or jute pressing,decortication of ground-nuts, the manufacture of indigo, lac, sugar (including gur) or anymanufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year in a manufacturing process as the central government may, by notification, specify;35(75) self-employed worker" means any person who is not employed by an employer,but engages himself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the central government or the state government, as the case may be, from time to time or holds cultivable land subject to such ceiling as may be notified by the state government;(76)"shop", in respect of a state, means a shop as defined in any law for the time being in force dealing with the shop in that state;(77) 'sickness" means a condition which requires medical treatment and attendance and necessitates abstention from work on medical ground;40(78) "social security" means the measures of protection afforded to employees,unorganised workers, gig workers and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights conferred on them and schemes framed, under this code;(79) "social security organisation" means any of the following organisations established under this code, namely:—(a) the central board of trustees of employees provident fund constitutedunder section 4;5(b) the employees' state insurance corporation constituted under section 5; (c) the national social security board for unorganised workers constitutedunder section 6;(d) the state unorganised workers' social security board constituted undersection 6;10(e) the state building and other construction workers' welfare boardsconstituted under section 7; and(f) any other organisation or special purpose vehicle declared to be the social security organisation by the central government; (80) "state government" includes—15(a) in relation to a union territory with legislature, the government of the union territory; and(b) in relation to a union territory without legislature, the administrator appointed under article 239 of the constitution as an administrator thereof;20(81) "state unorganised workers' board" means the state unorganised workers'social security board constituted under sub-section (9) of section 6;(82) "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service, as the age on the attainment of which the employee shall vacate the employment:25provided that for the purposes of chapter iii, the age of superannuation shall be fifty-eight years;(83) "temporary disablement" means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury;30 14 of 1947(84) "tribunal" means the industrial tribunal constituted by the appropriate government under section 7a of the industrial disputes act, 1947;35(85) "unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten14 of 1947(86) "unorganised worker" means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by the industrial disputes act, 1947 or chapters iii to vii of this code;40(87) "vacancy", for the purposes of chapter xiii, means an unoccupied post (including newly created post, post of trainee, post to be filled through apprentice or any unoccupied post created in an establishment by any other means) in a cadre or occupation for the purpose of employing a person and carrying remuneration;45(88) "wages" means all remuneration, whether by way of salaries, 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,—(a) basic pay;(b) dearness allowance; and (c) retaining allowance, if any,but does not include—5(a) any bonus payable under any law for the time being in force, which does notform part of the remuneration payable under the terms of employment;(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;10(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; (e) any sum paid to the employed person to defray special expenses entailedon him by the nature of his employment;(f) house rent allowance;15(g) remuneration payable under any award or settlement between the partiesor order of a court or tribunal;(h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment;20(k) any retrenchment compensation or other retirement benefit payable to theemployee or any ex gratia payment made to him on the termination of employment, under any law for the time being in force:25provided that for calculating the wages under this clause, if payments made by the employer to the employee under sub-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 such one-half, or the per cent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:30provided further that for the purpose of equal wages to all genders and for the purposeof payment of wages, the emoluments specified in sub-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;35(89) "wage ceiling" means such amount of wages as may be notified by the centralgovernment, for the purposes of becoming a member under chapter iii and chapter iv;40(90) "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the central government and the state government, as the case may be;45(91) "woman" means a woman employed, whether directly or through any contractor, for wages in any establishment:provided that for the purposes of chapter iv, a woman who is or was an employee in respect of whom contribution is or were payable under the said chapter and who is by reason thereof, entitled to any of the benefits provided under the said chapter shall be called 'insured woman' and shall include—| ( | i | ) a commissioning mother who as biological mother wishes to have a child and ||-----------------------------------------------------|-----|--------------------------------------------------------------------------------|| prefers to get embryo implanted in any other woman; | | || ( | ii | ) a woman who legally adopts a child of up to three months of age || 5 | | |3 (1) every establishment to which this code applies shall be electronically or otherwise, registered within such time and in such manner as may be prescribed by the central government:registration and cancellation of an establishment10provided that the establishment which is already registered under any other centrallabour law for the time being in force shall not be required to obtain registration again under this code and such registration shall be deemed to be registration for the purposes of this code:(2) any establishment to which chapter iii or chapter iv applies, and whose business activities are in the process of closure, my may make an application for cancellation of registration granted under this section15(3) the manner of making application for cancellation of the registration, under sub-section (2), the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto, shall be such as may be prescribed by the central government20 chapter ii social security organisations25constitution of board of trustees of employees' provident fund4 (1) the central government may, by notification, constitute, with effect from such date as may be specified therein, a board of trustees of the employees' provident fund to be called the central board, for the purposes of chapter iii and the provisions of this code relating to that chapter, for the administration of the funds vested in it in such manner as may be prescribed by the central government, consisting of the following members, namely:—| ( | a | ) a chairperson and a vice-chairperson to be appointed by the central ||-----------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| government; | | || 30 | | || ( | b | ) not more than five persons appointed by the central government from || amongst its officials; | | || ( | c | ) not more than fifteen persons representing governments of such states as || the central government may specify in this behalf, to be appointed by the central | | || government; | | || 35 | | || ( | d | ) ten persons representing employers of the establishments to which the || schemes referred to in sub section ( | 1 | ) of section 15 applies, to be appointed by the || central government after consultation with such organisations of employers as may | | || be recognised by the central government in this behalf; | | || 40 | | |(e) ten persons representing employees in the establishments to which schemes referred to in sub section (1) of section 15 applies, who shall be appointed by the central government after consultation with such organisations of employees as may be recognised by that government in this behalf; and(f) the central provident fund commissioner, ex officio45(2) the central board shall be a body corporate by the name of board of trustees of the employees' provident fund, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, an executive committee from amongst the members of the central board to assist the central board in performance of its functions in such manner as may be prescribed by the central government(4) the central board may, by order, constitute one or more committees of such composition as may be specified in the order to assist it in the discharge of its functions5(5) the central board may, by order, delegate to its chairperson or to its executive committee or to any of its officers and a state board constituted under section 12 may, by order, delegate to its chairperson or to any of its officers, subject to such conditions and limitations, if any, as it may specify in such order, such of its powers and functions under this code as it may deem necessary for efficient administration of the schemes referred to in sub-section (1) of section 1510(6) the terms and conditions, including tenure of office, subject to which a member of the central board and executive committee shall discharge their respective duties may be such as may be prescribed by the central government:provided that a member of the central board shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed15(7) the central board, apart from the functions specified in this code, shall also perform such other functions in such manner as may be prescribed by the central governmentconstitution of employees' state insurance corporation205 (1) the central government may, by notification, constitute with effect from such date as may be specified therein, the employees' state insurance corporation to be called the corporation, for the purposes of chapter iv and the provisions of this code relating to that chapter and the administration thereof, in such manner as may be prescribed by the central government, consisting of the following members, namely:—(a) a chairperson to be appointed by the central government; (b) a vice-chairperson to be appointed by the central government;25(c) not more than five persons to be appointed by the central governmentfrom amongst its officials;(d) one person representing each of such states in such manner, as may beprescribed by the central government;(e) one person to be appointed by the central government to represent the union territories;30(f) ten persons representing employers to be appointed by the centralgovernment in consultation with such organisations of employers as may be recognised for the purpose by the central government;(g) ten persons representing employees to be appointed by the centralgovernment in consultation with such organisations of employees as may be recognised for the purpose by the central government;35(h) two persons representing the medical profession to be appointed by thecentral government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the central government;40(i) three members of parliament of whom two shall be members of the house of the people (lok sabha) and one shall be a member of the council of states (rajya sabha) elected respectively by the members of the house of the people and the members of the council of states; and(j) the director general of the corporation, ex officio45(2) the corporation shall be a body corporate by the name of employees' state insurance corporation, having perpetual succession and a common seal and shall by the said name sue and be sued(3) the central government may, by notification, constitute, with effect from such date as may be specified therein, a standing committee from amongst the members of the corporation, in such manner as may be prescribed by the central government(4) subject to the general superintendence and control of the corporation, the standing committee—5(a) shall administer the affairs of the corporation and may exercise any of the powers and perform any of the functions of the corporation in such manner as may be prescribed by the central government;(b) shall submit for the consideration and decision of the corporation all such cases and matters as may be specified in the regulations made in this behalf; and(c) may, in its discretion, submit any other case or matter for the decision of the corporation10(5) (a) the central government may, by notification, constitute, with effect from such date as may be specified therein, a medical benefit committee of such composition as may be specified therein, to assist the corporation and the standing committee in performance of its functions relating to administration of medical benefits15(b) the medical benefit committee shall perform such duties and exercise such powers as may be prescribed by the central government(6) the corporation may, by order, constitute one or more committees of such composition as may be specified in the regulations to assist it in the discharge of its functions(7) the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties may be such as may be prescribed by the central government:20provided that a member of the corporation shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed256 (1) the central government shall, by notification, constitute a national social security board for unorganised workers to exercise the powers conferred on, and to perform the functions assigned to, it under this code, in such manner as may be prescribed by the central government(2) the national social security board shall consist of the following members, namely:—(a) union minister for labour and employment as chairperson;30(b) secretary, ministry of labour and employment as vice-chairperson; (c) forty members to be nominated by the central government, out of whom—(i) seven members representing unorganised sector workers; (ii) seven members representing employers of unorganised sector; (iii) seven members representing eminent persons from civil society;35(iv) two members representing the lok sabha and one from the rajya sabha;(v) ten members representing central government ministries and departments concerned;(vi) five members representing state governments;40(vii) one member representing the union territories; and(d) the director general labour welfare, as member secretary, ex officio(3) all members except chairperson of the national social security board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration5(4) the manner in which members shall be nominated from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the national social security board shall be such as may be prescribed by the central government:provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(5) the term of the national social security board shall be three years10(6) the national social security board shall meet at least thrice a year, at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the central government15(7) the national social security board shall perform the following functions, namely:—(a) recommend to the central government for formulating suitable schemes for different sections of unorganised workers, gig workers and platform workers;(b) advise the central government on such matters arising out of the administration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers, gig workers and platform workers as are administered by the central government;20(d) review the record keeping functions performed at the state level; (e) review the expenditure from the fund and account; and(f) undertake such other functions as are assigned to it by the central government from time to time25(8) the central government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the central government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the central government may refer to it for advice30(9) every state government shall, by notification, constitute a state board to be known as (name of the state) unorganised workers' social security board to exercise the powers conferred on, and to perform the functions assigned to, it under this code, in such manner as may be prescribed by the state government35 40 45(10) every state unorganised workers' board shall consist of the following members, namely:—(a) minister of labour and employment of the concerned state as chairperson, ex officio;(b) principal secretary or secretary (labour) as vice-chairperson; (c) one member representing the central government in the ministry of labour and employment;(d) thirty-one members to be nominated by the state government, out of whom—(i) seven representing the unorganised workers; (ii) seven representing employers of unorganised workers; (iii) two members representing the legislative assembly of the concerned state;(iv) five members representing eminent persons from civil society; (v) ten members representing the state government departments concerned; and(e) member secretary as notified by the state government(11) all members except chairperson of the state unorganised workers' board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration5(12) the manner in which members shall be nominated from each of the categories specified in clause (d) of sub-section (10), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the state unorganised workers' board shall be such as may be prescribed by the state government:10provided that adequate representation shall be given to persons belonging to the scheduled castes, the scheduled tribes, the minorities and women(13) the term of the state unorganised workers' board shall be three years (14) the state unorganised workers' board shall meet at least once in a quarter at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the state government15(15) the state board shall perform the following functions, namely:—(a) recommend the state government in formulating suitable schemes for different sections of the unorganised sector workers;20(b) advise the state government on such matters arising out of the administration of this code as may be referred to it;(c) monitor such social welfare schemes for unorganised workers as are administered by the state government;(d) review the record keeping functions performed at the district level; (e) review the progress of registration and issue of cards to unorganised sector workers;25(f) review the expenditure from the funds under various schemes; and (g) undertake such other functions as are assigned to it by the state government from time to time30(16) the state government may, by notification, constitute with effect from such date as may be specified therein, one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to unorganised workers and such other matters as the state government may refer to it for advice35constitution of state building workers' welfare boards7 (1) every state government shall, with effect from such date as it may, by notification, appoint, constitute a board to be known as the(name of the state) building and other construction workers' welfare board to exercise the powers conferred on, and perform the functions assigned to, it under this section and chapter viii(2) the building workers' welfare board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued40(3) the building workers' welfare board shall consist of a chairperson to be nominated by the state government, one member to be nominated by the central government and such number of other members, not exceeding fifteen, as may be appointed to it by the state government:45provided that the building workers' welfare board shall include an equal number of members representing the state government, the employers and the building workers and that at least one member of the board shall be a woman50(4) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board, and the manner of filling of casual vacancies of the members of the building workers' welfare board, shall be such as may be prescribed by the state government(5) (a) the building workers' welfare board shall appoint a secretary and such officers and employees as it considers necessary for the efficient discharge of its functions under this code5(b) the secretary of the building workers' welfare board shall be its chief executive officer(c) the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the building workers' welfare board shall be such as may be prescribed by the state government10(6) the building workers' welfare board shall perform the following functions, namely:—(a) provide death and disability benefits to a beneficiary or his dependants; (b) make payment of pension to the beneficiaries who have completed the ageof sixty years;15(c) pay such amount in connection with premium for group insurance schemeof the beneficiaries as may be prescribed by the appropriate government;(d) frame educational schemes for the benefit of children of the beneficiariesas may be prescribed by the appropriate government;(e) meet such medical expenses for treatment of major ailments of a beneficiaryor, such dependant, as may be prescribed by the appropriate government;20(f) make payment of maternity benefit to the beneficiaries; (g) frame skill development and awareness schemes for the beneficiaries; (h) provide transit accommodation or hostel facility to the beneficiaries; (i) formulation of any other welfare scheme for the building worker beneficiariesby state government in concurrence with the central government; and25(j) make provision and improvement of such other welfare measures andfacilities as may be prescribed by the central government30(7) the state government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the state government upon such matters arising out of the administration of this code relating to building workers and such other matters as the state government may refer to it for advice8 (1) no person shall be chosen as, or continue to be, a member of a social security organisation, or any committee thereof who,—(a) is or at any time has been adjudged an insolvent; or (b) is found to be a lunatic or becomes of unsound mind; ordisqualification and removal of a member of any social security organisation35(c) is or has been convicted of any offence involving moral turpitude; or (d) is an employer in an establishment and has defaulted in the payment of anydues under this code;40(e) is a member of a social security organisation being a member of the parliament or a member of a state legislative assembly, when he ceases to be such member of the parliament or state legislative assembly, as the case may be; or(f) is a member of social security organisation being a member of the parliament or a member of a state legislative assembly, and he becomes a—45(i) minister of central or state government; or (ii) speaker or deputy speaker of house of the people or a state legislative assembly; or(iii) deputy chairman of the council of statesexplanation 1—if any question arises whether any person is disqualified under clause (d), it shall be referred to the appropriate government and the decision of the appropriate government on any such question shall be final5explanation 2—clause (f) shall not apply in case of persons who are members of the social security organisation ex officio, by virtue of being a minister(2) the central government, in case of the central board, the corporation and the national social security board and the state government in case of the state unorganised workers' board and the building workers' welfare board, may remove any member of such social security organisation from his office, who,—10(a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or(b) is absent without leave of the social security organisation of which he is a member for more than three consecutive meetings of the social security organisation or a committee thereof;15 20(c) in the opinion of such government, has so abused the position of his office as to render that member's continuation in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member in the opinion of such government: provided that no person shall be removed under clauses (b) and (c), unless that person has been given an opportunity to show cause as to why he should not be removed:25provided further that a member of the executive committee of the central board or the standing committee of the corporation shall cease to hold office if he ceases to be a member of the central board or the corporation, as the case may be(3) any member of a social security organisation or a committee thereof may at any time resign from his office in writing under his hand addressed to the central government or the state government, as the case may be, which had made his appointment and on acceptance of such resignation, his office shall become vacant30(4) if in a social security organisation or a committee thereof, the central government or the state government, as the case may be, is of the opinion that—(a) any member thereof representing employers or the employees or the unorganised workers, as the case may be, ceases to adequately represent so; or35(b) any member thereof representing to be an expert in a specified area, is later on found not to possess sufficient expertise in that area; or(c) having regard to exigencies of circumstances or services in such government, the member thereof representing such government cannot continue to represent the government;then, such government may, by order, remove such member from his office:provided that no person shall be removed under clause (a) or clause (b), unless that person has been given an opportunity to show cause as to why he should not be removed40 45(5) if any member of a social security organisation or a committee thereof, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration of the social security organisation or a committee thereof, then, he shall, as soon as may be possible after such fact of interest has come to his knowledge, disclose the nature of the interest and such disclosure shall be recorded in the proceedings of the social security organisation or the committee thereof, as the case may be, and such member, thereafter, shall not take part in any proceeding or decision of the social security organisation, or a committee thereof relating to that matter509 (1) a social security organisation or any committee thereof shall meet at such intervals and observe such procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed by the central governmentprocedure for transaction of business of social security organisation, etc510(2) all orders and decisions of the social security organisation shall be authenticated by the central provident fund commissioner, director general, director general labour welfare, state principal secretary or secretary (labour) of the respective social security organisations or such other officer as may be notified by the appropriate government and all other instruments issued by the social security organisation shall be authenticated by the signature of such officer as may be authorised by an order by the respective social security organisations(3) no act done or proceeding taken by a social security organisation or any committee thereof shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the social security organisation or the committee thereof, as the case may be(4) such members of a social security organisation or any committee thereof shall be entitled for such fee and allowances as may be prescribed by the central government1510 the central provident fund commissioner and the director general shall be the whole-time officer of the central board and the corporation, respectively, and such officer shall not undertake any work unconnected with his office without the prior approval of the central governmentexecutive heads of central board and corporation20 25supersession of corporation, central board national social security board or state unorganised workers' board or the building workers' welfare board30 35 404511 (1) if the central government in case of the central board, the corporation or the national social security board and the state government, in case of the state unorganised workers' board or the building workers' welfare board, is of the opinion that the corporation or the central board or the national social security board or the state unorganised workers' board or the building workers' welfare board or any of the committee thereof, as the case may be, is unable to perform its functions, or, has persistently made delay in the discharge of its functions or has exceeded or abused its powers or jurisdiction, then such government may, by notification, supersede the corporation or the central board or the national social security board or the state unorganised workers 'board or the building workers' welfare board, or any of the committees thereof, as the case may be, and reconstitute it in such manner as may be prescribed by the central government:provided that, before issuing a notification under this sub-section on any of the grounds specified herein, such government shall give an opportunity to the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any committee thereof, as the case may be, to show cause as to why it should not be superseded and shall consider the explanations and objections raised by it and take appropriate action thereon(2) after the supersession of the corporation, or the central board or the national social security board, the state unorganised workers' board or the building workers' welfare board, or any of the committee thereof, as the case may be, and until it is reconstituted, the central government or the state government, as the case may be, shall make such alternate arrangements for the purpose of administration of the relevant provisions of this code, as may be prescribed by the central government(3) the central government or the state government, as the case may be, shall cause, a full report of any action taken by it under this section and the circumstances leading to such action, to be laid before each house of parliament or the state legislature, as the case may be, at the earliest opportunity and in any case not later than three months from the date of the notification of supersession issued under sub-section (1)state board, regional boards, local committees, etc12 (1) the central government may, by notification,—(i) after consultation with the government of any state, constitute for that state, a board of trustees (hereinafter in this code referred to as a state board) which shall exercise such powers and perform such functions as may be assigned by notification, to it by the central government from time to time;(ii) specify the manner of constitution of a state board, the terms and conditions of the appointment of its members and the procedure of its meeting and other proceedings relating thereto(2) the corporation may, by order, appoint regional boards and local committees in such area and in such manner to perform such functions and to exercise such powers as may be specified in the regulations13 notwithstanding anything contained in this code, the central government may, by notification,—5entrustment of additional functions to social security organisations(i) assign additional functions to a social security organisation including administration of any other act or scheme relating to social security subject to such provisions as may be specified in this behalf in the notification:10provided that while the additional function of administering the act or scheme are assigned under this clause to a social security organisation, the officer or authority of such organisation, to whom such function has been assigned, shall exercise the powers under the enactment or scheme required for discharging such function in the manner as may be specified in the notification:15provided further that the social security organisations may assign such additional functions to existing officers or appoint or engage new officers necessary for such purpose, if such functions may not be performed and completed with the assistance of its personnel as existing immediately before the assignment of the additional functions;(ii) specify the terms and conditions of discharging the functions under clause (i)by the social security organisation;20(iii) provide that the expenditure incurred in discharging the functions specified in clause (i) including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the central government;25(iv) specify the powers which the social security organisation shall exercise while discharging the functions specified in clause (i); and(v) provide that any expenditure referred to in clause (iii) shall be made by the social security organisation after prior approval of the central government chapter iii employees' provident fund30appointment of officers of central board14 (1) the central government may appoint a central provident fund commissioner who shall be the chief executive officer of the central board and shall also function as head of the employees provident fund organisation35explanation—for the purposes of this code, the expression "employees' provident fund organisation" means the organisation consisting of officers and employees of the central board(2) the central provident fund commissioner shall be subject to the general control and superintendence of the central board in the discharge of his functions under this code40 45(3) the central government shall also appoint a financial advisor and chief accounts officer to assist the central provident fund commissioner in the discharge of his duties(4) the central board may appoint, as many additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and such other officers and employees as it may consider necessary for the efficient administration of the provident fund scheme, the pension scheme and the insurance scheme or other responsibilities assigned to the central board from time to time by the central government(5) no appointment to the post of the central provident fund commissioner or an additional central provident fund commissioner or a financial adviser and chief accounts officer or any other post under the central board carrying a scale of pay equivalent to the scale of pay of any group 'a' or group 'b' post under the central government shall be made except after consultation with the union public service commission:provided that no such consultation shall be necessary in regard to any such appointment—(a) for a period not exceeding one year; or (b) if the person to be appointed is at the time of his appointment,—5(i) a member of the indian administrative service, or (ii) in the service of the central government or the central board in agroup 'a' or group 'b' post10(6) the method of recruitment, salary and allowances, discipline and other conditions of service of the central provident fund commissioner and the financial adviser and chief accounts officer shall be such as may be specified by the central government and such salary and allowances shall be paid out of the provident fund15(7) (a) the method of recruitment, salary and allowances, discipline and other conditions of service of the additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and other officers and employees of the central board shall be such as may be specified by the central board in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:20provided that where the central board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government:provided further that the salary and allowances of the officers specified in this clause shall not exceed the scale of pay respectively provided in the provident fund scheme25(b) in determining the corresponding scales of pay of officers and employees under clause (a), the central board shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the central board shall refer the matter to the central government whose decision thereon shall be finalschemes15 (1) the central government may, by notification—30(a) frame a scheme to be called the employees' provident fund scheme for which the provident funds shall be established under this chapter for employees or for any class of employees and specify the establishments or class of establishments to which the said scheme shall apply;35(b) frame a scheme to be called the employees' pension scheme for the purpose of providing for—(i) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this chapter applies;40(ii) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees; and(iii) nominee pension;(c) frame a scheme to be called the employees' deposit linked insurance scheme for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this chapter applies;45(d) frame any other scheme or schemes for the purposes of providing social security benefits under this code to self-employed workers or any other class of persons; and(e) modify any scheme referred to in clauses (a), (b), (c) and (d) by adding thereto, amending or varying therein, either prospectively or retrospectively5(2) subject to the provisions of this chapter, the schemes referred to in clauses (a), (b)and (c) of sub-section (1) may provide for all or any of the matters respectively specified in part a, part b and part c of the fifth schedule(3) the schemes may provide that all or any of its provisions shall take effect either prospectively or retrospectively on and from such date as may be specified in that behalf in the schemefunds16 (1) the central government may, for the purposes of—10 15(a) the provident fund scheme, establish a provident fund where the contributions paid by the employer to the fund shall be ten per cent of the wages for the time being payable to each of the employees (whether employed by him directly or by or through a contactor), and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent of the wages, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section:20provided that in its application to any establishment or class of establishments which the central government, after making such inquiry as it deems fit, may, by notification, specify, this section shall be subject to the modification that for the words " ten per cent" at both the places where they occur, the words "twelve per cent" shall be substituted:25provided further that the central government, after making such inquiry as it deems fit, may, by notification, specify rates of employees' contributions and the period for which such rates shall apply for any class of employee;(b) the pension scheme, establish a pension fund in the manner specified in that scheme by that government into which there shall be paid, from time to time, in respect of every employee who is a member of the pension scheme,—30(i) such sums from the employer's contribution under clause (a) not exceeding eight and one-third per cent of the wages or such per cent of wages as may be notified by the central government;(ii) such sums payable as contribution to the pension fund, as may be specified in the pension scheme, by the employers of the exempted establishments under section 143 to which the pension scheme applies;35(iii) such sums as the central government after due appropriation by parliament by law in this behalf, specify;40(c) the insurance scheme, establish a deposit-linked insurance fund in the manner specified in that scheme by that government into which there shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent of the wages or such per cent of wages as may be notified by the central government for the time being payable in relation to such employee:45provided that the employer shall pay into the insurance fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under this clause, as the central government may, from time to time, determine to meet all the expenses in connection with the administration of the insurance scheme other than the expenses towards the cost of any benefits provided by or under the insurance scheme(2) the provident fund, the pension fund and the insurance fund shall vest in, and be administered by, the central board in such manner as may be specified in the respective schemes5contribution in respect of employees and contractors1017 (1) the amount of contribution (that is to say, the employer's contribution as wellas the employee's contribution in pursuance of any scheme and the employer's contribution in pursuance of the insurance scheme) and any charge for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor(2) a contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may recover from such employee, the employee's contribution under any scheme by deduction from the wages payable to such employee15(3) notwithstanding any contract to the contrary, no contractor shall be entitled todeduct the employer's contribution or the charges referred to in sub-section (1) from thewages payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee2018 for the purposes of the income-tax act, 1961, the provident fund shall be deemed to be a recognised provident fund within the meaning of clause (38) of section 2 of that act:fund to be recognised under act 43 of 1961provided that nothing contained in the said act shall operate to render ineffective any provision of the provident fund scheme (under which the provident fund is established) which is repugnant to any of the provisions of that act or of the rules made there under2519 notwithstanding anything contained in any other law for the time being in force,any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 201631 of 2016priority of payment of contributions over other debts20 (1) this chapter shall not apply—302 of 1912chapter not to apply to certain establishment(a) to any establishment registered under the co-operative societies act, 1912or under any other law for the time being in force in any state relating to cooperative societies employing less than fifty persons and working without the aid of power; or35(b) to any other establishment belonging to or under the control of the centralgovernment or a state government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the central government or the state government governing such benefits; or40(c) to any other establishment set up under any central or state or any otherlaw for the time being in force and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that law governing such benefits; or(d) to the employees who immediately before the commencement of this codewhere receiving benefits of provident fund under any central or state enactment45(2) if the central government is of the opinion that having regard to the financial position of any class of establishment or other circumstances of the case, it is necessary or expedient so to do, it may, by notification and subject to such conditions, as may be specified in the notification, exempt, whether prospectively or retrospectively, that class of establishments from the operation of this chapter for such period as may be specified in the notificationauthorising certain employers to maintain provident fund accounts521 (1) the central government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, in such manner as may be prescribed by the central government and subject to such terms and conditions as may be specified in the provident fund scheme:10provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this code during the three years immediately preceding the date of such authorisation(2) where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the provident fund scheme15(3) any authorisation made under this section may be cancelled by the central government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this code:20provided that before cancelling the authorisation, the central government shall give the employer a reasonable opportunity of being heard22 where an employee,—transfer of accounts25(a) employed in an establishment to which this chapter applies, relinquishes his employment therefrom and obtains employment in any other establishment to which this chapter applies or not; or(b) employed in an establishment to which this chapter does not apply, relinquishes his employment therefrom and obtains employment in an establishment to which this chapter applies,30then, his accumulated amount in provident fund account or pension account, as the case may be, shall be transferred or dealt with in the manner as may be specified in the provident fund scheme or the pension scheme, as the case may beappeal to tribunal23 (1) any person aggrieved by an order passed by any authority in regard to the following matters may prefer an appeal to the tribunal constituted by the central government, namely:—35(a) determination and assessment of dues under section 125 relating tochapter iii; and(b) levy of damages under section 128 relating to chapter iii(2) every appeal under sub-section (1) shall be filed in such form and manner, within such time and accompanied by such fees as may be prescribed by the central government40(3) no appeal under clause (a) of sub-section (1) by the employer shall be entertained by the tribunal unless he has deposited with social security organisation concerned twenty-five per cent of the amount due from him as determined by an officer under section 125(4) the tribunal shall endeavour to decide the appeal within a period of one year from the date on which the appeal has been preferred45 chapter iv employees state insurance corporation24 (1) the central government may appoint a director general of the corporation and a financial commissioner, who shall be the principal officers of the corporationprincipal officers and other staff5(2) the director general and the financial commissioner shall hold office for such period, not exceeding five years, as may be specified in the order of appointment:provided that outgoing director general or financial commissioner shall be eligible for re-appointment if he is otherwise qualified10(3) the director general or the financial commissioner shall receive such salary and allowances as may be prescribed by the central government(4) the director general and the financial commissioner shall exercise such powers and discharge such duties as may be prescribed by the central government and shall perform such other functions as may be specified in the regulations15(5) a person shall be disqualified from being appointed as or for being the director general of the corporation or the financial commissioner if he is subject to any of the disqualifications specified in section 820(6) the central government may at any time remove the director general of the corporation or the financial commissioner from office and shall do so if such removal is recommended by a resolution of the corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-third of the total strength of the corporation(7) the corporation may employ such other officers and employees as may be necessary for the efficient transaction of its business and for discharge of any other responsibilities assigned to the corporation from time to time by the central government:25provided that the sanction of the central government shall be obtained for the creation of any post the maximum monthly salary of which exceeds such salary as may be prescribed by the central government30(8) (a) the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees of the corporation shall be such as may be specified in the regulations in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay:35provided that the terms and conditions of service including pay and allowances of such posts of medical specialists and super specialists in the corporation possessing comparable qualifications and expertise, as may be notified by the central government, with the equivalent posts of the specialists and super specialists in the all india institute of medical sciences or in the post graduate institutes of medical sciences and research or other similar institutions established by the central government, shall respectively be similar:40provided further that where the corporation is of the opinion that it is necessary tomake a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government:provided also that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis45(b) in determining the corresponding scales of pay of officers and employees underclause (a), the corporation shall have regard to the educational qualifications, method ofrecruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the corporation shall refer the matter to the central government whose decision thereon shall be final(9) every appointment to posts (other than medical, nursing or para-medical posts)corresponding to group 'a' and group 'b' gazetted posts under the central government shall be made in consultation with the union public service commission:5provided that the provisions of this sub-section shall not apply to an officiating or temporary appointment for a period not exceeding one year:provided further that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade10(10) if any question arises whether a post corresponds to a group 'a' and group 'b'posts under the central government, the question shall be referred to that government whose decision thereon shall be finalemployees' state insurance fund1525 (1) all contributions and user charges paid under this chapter and all other moneys received on behalf of the corporation shall be paid into a fund (hereinafter referred as the employees' state insurance fund) which shall be held and administered by the corporation for the purposes of this code:provided that the user charges collected from the other beneficiaries referred to in section 44 shall be deemed to be contribution and shall form part of employees' state insurance corporation20(2) the corporation may accept grants, donations, corporate social responsibility fund and gifts from the central or any state government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this chapter25(3) subject to the other provisions contained in this code and to any rules or regulations made in this behalf, all moneys accruing or payable to the said fund shall be deposited in such bank or banks as may be approved by the central government to the credit of an account styled the account of the employees' state insurance fund30(4) the employees state insurance fund or any other money which is held by the corporation shall be deposited or invested in the manner prescribed by the central government and the account referred to in sub-section (3) shall be operated by such officers as may be authorised by the committee constituted under sub-section (3) of section 5(hereinafter referred to as the standing committee) with the approval of the corporation26 subject to the provisions of this chapter and the rules and regulations relating thereto, made under this code, the employees' state insurance fund shall be expended only for the following purposes, namely:—35purposes for which employees' state insurance fund may be expended| ( | a | ) payment of benefits and provision of medical treatment and attendance to ||-------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| insured persons referred to in section 28 and, where the medical benefit is extended | | || to their families, the provision of such medical benefit to their families, in accordance | | || with the provisions of this chapter and the rules and regulations relating thereto and | | || defraying the charges and costs in connection therewith; | | || 40 | | || ( | b | ) payment of fees and allowances to members of the corporation, the standing || committee, the medical benefit committee or other committees thereof; | | || 45 | | || ( | c | ) payment of salaries, leave and joining time allowances, travelling and || compensatory allowances, gratuities and compassionate allowances, pensions, | | || contributions to provident or other benefit fund of officers and staff of the corporation | | || and meeting the expenditure in respect of offices and other services set up for the | | || purpose of giving effect to the provisions of this code relating to this chapter; | | || ( | d | ) establishment and maintenance of hospitals, dispensaries and other || institutions and the provision of medical and other ancillary services for the benefit | | |of insured persons referred to in section 28 and, where the medical benefit is extended to their families;5(e) payment of contributions to any state government, local authority or anyprivate body or individual, towards the cost of medical treatment and attendance provided to insured persons referred to in section 28 and, where the medical benefit is extended to their families, their families, including the cost of any building and equipment, in accordance with any agreement entered into by the corporation;(f) defraying the cost (including all expenses) of auditing the accounts of thecorporation and of the valuation of its assets and liabilities;10(g) defraying the cost (including all expenses) of the employees' insurancecourts set up under this chapter;(h) payment of any sums under any contract entered into for the purposes ofthis code by corporation or the standing committee or by any officer duly authorised by the corporation or the standing committee in that behalf;15(i) payment of sums under any decree, order or award of any court or tribunalagainst the corporation or any of its officers or staff for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the corporation;20(j) defraying the cost and other charges of instituting or defending any civil orcriminal proceedings arising out of any action taken under this code relating to this chapter;25(k) defraying expenditure, within the limits prescribed by the centralgovernment after consultation with the corporation, on measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons referred to in section 28 who have been disabled or injured; and(l) such other purposes as may be authorised by the corporation with the previous approval of the central governmentholding of property, etc3027 (1) the corporation may, subject to such conditions as may be prescribed by the central government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established35(2) subject to such conditions as may be prescribed by the central government, the corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this code and may, subject to as aforesaid, from time to time re-invest or realise such investments40(3) the corporation may, with the previous sanction of the central government and on such terms as may be prescribed by it, raise loans and take measures for discharging such loans(4) the corporation may constitute for the benefit of its officers and staff or any class of them, such provident or other benefit fund as it may think fitall employees to be insured4528 (1) subject to the provisions of this code, every employee in an establishment to which this chapter applies shall be insured in such manner whether electronically or otherwise, as may be prescribed by the central government(2) an employee whether insured or insurable under sub-section (1) in respect of whom contributions are or were payable and who is by reason thereof, entitled to any of the benefits provided under this chapter, shall be called "insured person"contributions29 (1) the contribution payable under this chapter in respect of an employee shallcomprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the corporation5(2) the contributions (employer's contribution and the employee's contribution both)shall be paid at such rates as may be prescribed by the central government(3) the wage period in relation to an employee shall be the unit as specified in theregulations (hereinafter referred to as the wage period) in respect of which all contributions shall be payable under this chapter10(4) the contributions payable in respect of each wage period shall ordinarily fall dueon the last day of the wage period, and where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period, the contributions shall fall due on such days as may be specified in the regulationsadministrative expenses1530 the types of expenses which may be termed as administrative expenses and thepercentage of the income of the corporation which may be spent for such expenses shall be such as may be prescribed by the central government and the corporation shall keep its administrative expenses within the limit so prescribed by the central government2031 (1) the employer shall pay in respect of every employee, whether directly employed by him or by or through a contractor, both the employer's contribution and the employee's contributionprovisions as to payment of contributions by employer, etc25(2) notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this code and the rules and regulations, if any, made there under in this behalf, the employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by reduction from his wages and not otherwise:provided that no such deduction shall be made from any wages other than such as relates to the period or part of the period in respect of which the contribution is payable or in excess of the sum representing the employee's contribution for the period30(3) notwithstanding any contract to the contrary, neither the employer nor the contractor shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him(4) any sum deducted by the employer from wages under this chapter shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted35(5) the employer shall bear the expenses of remitting the contributions to the corporation40(6) an employer, who has paid contribution in respect of an employee employed by or through a contractor, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any,) from the contractor, either by deduction from any amount payable to him by the employer under any contract, or as a debt payable by the contractor(7) the contractor shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the employer before the settlement of any amount payable under sub-section (6)45(8) in the case referred to in sub-section (6), the contractor shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to such conditions as specified in the proviso to sub-section (2)(9) subject to the provisions of this code, the corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this chapterbenefits532 (1) subject to the provisions of this code, the insured persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely :—(a) periodical payments to any insured person in case of his sickness certified by a duly appointed medical practitioner or by any other person possessing such qualifications and experience as the corporation may, by the regulations, specify in this behalf (hereinafter referred to as sickness benefit);10(b) periodical payments to an insured person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);15(c) periodical payments to an insured person suffering from disablement as a result of an employment injury sustained by him as an employee for the purposes of this chapter and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit);20(d) periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained by him as an employee for the purposes of this chapter, as are entitled under this chapter (hereinafter referred to as dependants' benefit);25(e) medical treatment for and attendance on insured persons (hereinafter referred to as medical benefit); and(f) payment to the eldest surviving member of the family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person (to be known as funeral expenses):30 35provided that the amount of payment under this clause shall not exceed such amount as may be prescribed by the central government and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the corporation or any officer or authority authorised by it in this behalf may allow(2) the corporation may, subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person40(3) the qualification of a person to claim sickness benefit, maternity benefit,disablement benefit and dependants' benefit and the conditions subject to which such benefit may be given and the rate and period thereof, shall be such as may be prescribed by the central government(4) subject to the provisions of this code and the rules made there under relating to this chapter, the corporation may make regulations for any matter relating or incidental to the accrual and payment of benefits payable under this chapter4533 the corporation may, in addition to the benefits specified in this chapter, promotemeasures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons who have been disabled or injured and may incur in respect of such measures, expenditure from the employees' state insurance fund within such limits as may be prescribed by the central governmentcorporation's power to promote measures for health, etc, of insured persons34 (1) for the purposes of this chapter, an accident arising in the course of an employee's employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employmentpresumption as to accident arising in course of employment5(2) an accident happening to an employee in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property10(3) an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established15(4) an accident happening while an employee is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if—20(a) the accident would have been deemed so to have arisen had he been under such obligation; and(b) at the time of the accident, the vehicle—(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and(ii) is not being operated in the ordinary course of public transport service25explanation—in this section, "vehicle" includes a vessel and an aircraft 35 an accident shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—30accidents happening while acting in breach of law, etc(a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and35(b) the act is done for the purpose of and in connection with the employer'strade or businessoccupational disease4036 (1) if an employee employed in any employment specified in part a of the third schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in part b of that schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in part c of that schedule for such continuous period as the corporation may specify by regulations in respect of each such employment, contracts any disease specified in such part c as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury ", arising out of and in the course of employment45(2) save as provided by sub-section (1), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment(3) the provisions of sub-section (1) of section 34 shall not apply to the cases to which this section applies37 (1) any question—references to medical board(a) whether the relevant accident has resulted in permanent disablement; or5(b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or(c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or10(d) in the case of provisional assessment, as to the period for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisions of the regulations (hereinafter referred to as medical board) and any such question shall hereafter be referred to as the "disablement question"15(2) the case of any insured person for permanent disablement benefit shall be referred by the corporation to a medical board for determination of the disablement in question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment20(3) any decision under this chapter of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent25(4) any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury:30provided that an assessment shall not be reviewed under this sub-section unless the medical board is of the opinion, having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, that substantial injustice will be done by not reviewing it35(5) except with the leave of a medical appeal tribunal constituted by regulations, an assessment shall not be reviewed under sub-section (4) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application40(6) subject to the foregoing provisions of this section, a medical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final and the provisions of sub-section (2) shall apply to an application for review under this sub-section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that sub-section and to a decision of the medical board in connection with such case45(7) (a) if the insured person or the corporation is aggrieved by any decision of the medical board, the insured person or the corporation, as the case may be, may appeal in such manner and within such time as may be prescribed by the central government to—(i) the medical appeal tribunal constituted in accordance with the provisions of the regulations; or (ii) the employees' insurance court directly:provided that no appeal by an insured person shall lie under this sub-section if such person has applied for commutation of disablement benefit on the basis of the decision of the medical board and received the commuted value of such benefits:5provided further that no appeal by the corporation shall lie under this sub-section if the corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board10(b) where the insured person or the corporation preferred appeal to the medical appeal tribunal under sub-clause (i) of clause (a) instead of to the employees' insurance court under sub-clause (ii) of that clause, then, he or it, as the case may be, shall have the further right to file second appeal to the employees' insurance court in such manner and within such time as may be prescribed by the appropriate governmentdependants' benefit1538 (1) if an insured person dies as a result of an employment injury sustained as an employee under this chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such conditions as may be prescribed by the central government20(2) in case the insured person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the central government25(3) any decision awarding dependants' benefit under this chapter may be reviewed at any time by the corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this chapter due to any birth or death or due to the marriage, re-marriage, or ceasing of infirmity, or attainment of the age of twenty-five years by, a claimant30(4) subject to the provisions of this chapter, the corporation may, on such review under sub-section (3), direct that the dependants' benefit be continued, increased, reduced or discontinuedmedical benefit3539 (1) an insured person or (where such medical benefit is extended to his family)a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit(2) such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or treatment as in-patient in a hospital or other institution40(3) the qualification of an insured person and (where such medical benefit is extended to his family) his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof shall be such as may be prescribed by the central government:45provided that a person in respect of whom contribution ceases to be payable under this chapter may be allowed medical benefit for such period and of such nature as may be provided by the regulations:provided further that an insured person who has attained the age of superannuation, a person who retires under a voluntary retirement scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be specified in the regulations:provided also that an insured person who ceases to be in insurable employment on account of permanent disablement caused due to employment injury shall continue to receive medical benefits, subject to payment of contribution and other conditions as may be prescribed by the central government:5provided also that the conditions for grant of medical benefits to the insured personduring employment injury shall be as specified in the regulations(4) (a) the corporation may establish medical education institutions, including colleges, dental colleges, nursing colleges and the training institutes for its officers and staff with a view to improve the quality of their services10(b) the medical education institutions referred to in clause (a) shall require its studentsto furnish a bond for serving the corporation for such time and in such manner, as may be specified in the regulations15(5) the medical education institutions and training institutes referred to insub-section (4) may be run by the corporation itself or on the request of the corporation, by the central government, any state government, public sector undertaking of the central government or the state government or any other body notified by the central governmentexplanation—for the purposes of this sub-section, the expression "other body"means any such organisation of persons which the central government considers capable to run colleges and training institutions referred to in sub-section (4)20(6) the corporation may, in order to take preventive and curative measures for welfareof the insured persons, carry out such occupational and epidemiological surveys and studies for assessment of health and working conditions of insured persons in such manner as may be specified in the regulations2540 (1) the state government shall provide for insured persons and (where suchbenefit is extended to their families) their families in the state, reasonable medical, surgical and obstetric treatment:provision of medical treatment by state government or by corporationprovided that the state government may, with the approval of the corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon30(2) where the incidence of sickness benefit payment to insured persons in any stateis found to exceed the all-india average, the amount of such excess shall be shared between the corporation and the state government in such proportion as may be fixed by agreement between them:35provided that the corporation may in any case waive the recovery of the whole orany part of the share which is to be borne by the state government40(3) the corporation may enter into an agreement with a state government in regard to the nature and scale of the medical treatment that should be provided to insured persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equipment, medicines, and staff) and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to insured persons between the corporation and the state government45(4) in default of agreement between the corporation and any state government as aforesaid, the nature and extent of the medical treatment to be provided by the state government and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the corporation and that government, shall be determined by an arbitrator who shall be appointed by the central government in consultation with the state government(5) the state government may, in addition to the corporation under this code, with the previous approval of the central government, establish such organisation (by whatever name called) to provide for certain benefits to employees in case of sickness, maternity and employment injury:5provided that any reference to the state government in this code relating to this chapter shall also include reference to the organisation as and when such organisation is established by the state government(6) the organisation referred to in sub-section (5) shall have such structure, discharge functions, exercise powers and undertake such activities as may be prescribed by the central government10(7) the corporation may establish and maintain in a state such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of insured persons and (where such medical benefit is extended to their families), their families15(8) the corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof(9) the corporation may also enter into agreement with any local authority, local body or private body for commissioning and running employees' state insurance hospitals through third party participation for providing medical treatment and attendance to insured persons and (where such medical benefit has been extended to their families), to their families20 25(10) notwithstanding anything contained in any other provision of this chapter, the corporation may, in consultation with the state government, undertake the responsibility for providing medical benefit to insured persons and (where such medical benefit is extended to their families), to the families of such insured persons in the state subject to the condition that the state government shall share the cost of such medical benefit in such proportion as may be agreed upon between the state government and the corporation(11) in the event of the corporation exercising its power under sub-section (10), the provisions relating to medical benefit under this chapter shall apply, so far as may be, as if a reference therein to the state government were a reference to the corporation30(12) notwithstanding anything contained in this code, in respect of establishments located in the states where medical benefit is provided by the corporation, the central government shall be the appropriate government41 (1) save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this chaptergeneral provisions as to benefits35(2) save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike(3) a person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) —40(a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereof;45(b) shall not while under treatment do anything which might retard or prejudice his chances of recovery;(c) shall not leave the area in which medical treatment provided by this chapter is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and(d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the corporation in this behalf(4) an insured person shall not be entitled to receive for the same period—(a) both sickness benefit and maternity benefit; or5(b) both sickness benefit and disablement benefit for temporary disablement;or(c) both maternity benefit and disablement benefit for temporary disablement(5) where a person is entitled to more than one of the benefits mentioned in sub-section (4), he shall be entitled to choose which benefit he shall receive10(6) if a person dies during any period for which he is entitled to a cash benefit underthis chapter, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person15(7) (a) any person eligible for availing dependant or disablement benefit under thischapter shall not be entitled to claim employees' compensation from his employer under chapter vii(b) any women employee eligible for availing maternity benefit under this chapter shall not be entitled to claim maternity benefit from her employer under chapter vi20(8) where any person has received any benefit or payment under this chapter whenhe is not lawfully entitled thereto, he shall be liable to repay to the corporation the value of the benefit or the amount of such payment, or in the case of death, his legal representative shall be liable to repay the same from the assets of the deceased devolved on him25(9) the value of any benefits received other than cash payments shall be determinedby such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final(10) the amount recoverable under this section may be recovered in the manner specified under sections 129 to 13242 (1) if any employer, —30corporation'srights when an employer fails to register, etc(a) fails or neglects to insure under section 28, an employee at the time of hisappointment or within such extended period as may be prescribed by the central government, as a result of which the employee becomes disentitled to any benefit under this chapter; or35(b) insures under section 28, an employee on or after the date of accident whichresulted in personal injury to such employee which has the effect of making such employee disentitled to receive any dependant benefit or disablement benefit from the corporation; or40(c) fails or neglects to pay any contribution which under this chapter he isliable to pay in respect of any employee and by reason thereof such employee becomes disentitled to any benefit or becomes entitled to a benefit on a lower scale,45then, the corporation may, on being satisfied in the manner prescribed by the central government that the benefit is payable to the employee, pay to the employee benefit at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the capitalised value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the central government:provided that the capitalised value to be calculated may be adjusted for the payment of any contribution and interest or damages that the employer is liable to pay for delay in the payment of or non-payment of such contribution5(2) the amount recoverable under this section may be recovered as if it were an arrear of land revenue or recovered in the manner specified under sections 129 to 13243 (1) where the corporation considers that the incidence of sickness among insured persons is excessive by reason of—10liability of owner or occupier of factories, etc, for excessive sickness benefit(a) insanitary working conditions in a factory or other establishment or the neglect of the owner or occupier of the factory or other establishment to observe any health regulations enjoined on him by or under any enactment for the time being in force, or15(b) insanitary conditions of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactments for the time being in force,20then, the corporation may send to the owner or occupier of the factory or other establishment or to the owner of the tenement or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the corporation as sickness benefit; and if the claim is not settled by agreement, the corporation may refer the matter, with a statement in support of its claim, to the appropriate government(2) if the appropriate government is of the opinion that a prima facie case for inquiry is made out, it may appoint a competent person or persons to hold an inquiry into the matter referred under sub-section (1)25(3) if upon inquiry under sub-section (2), it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit, as well as the person or persons by whom the whole or any part of such amount shall be paid to the corporation30(4) a determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a civil court35(5) for the purposes of this section, "owner" of tenements or lodging shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the ownerscheme for other beneficiaries44 notwithstanding anything contained in this chapter, the central government may, by notification, frame, amend, vary or rescind scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised on payment of user charges, and prescribe the terms and conditions subject to which the scheme may be operated40explanation— for the purposes of this section,—(a) "other beneficiaries" means persons other than employees insured under section 28;45(b) "underutilised hospital" means any hospital not fully utilised by the employees insured under section 28; and(c) "user charges" means the amount which is to be charged from other beneficiaries for medical facilities as may be specified in the regulations after prior approval of the central government 45 (1) notwithstanding anything contained in this chapter, the central government may, by notification, frame scheme for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under this chapter by the corporationschemes for unorganised workers, gig workers and platform workers5(2) the contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions subject to which the scheme may be operated shall be such as may be specified in the scheme1046 the appropriate government may, after consultation with the corporation, by notification and subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to the government or any local authority, from the operation of this chapter if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this chapterexemption of factories or other establishments belonging to government or any local authority1531 of 201647 notwithstanding anything contained in any other law for the time being in force, any amount due under this chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 2016contributions, etc, due to corporation to have priority over other debts48 (1) the state government shall, by notification, constitute an employees' insurance court for such local area as may be specified in the notificationconstitution of employees' insurance court20(2) the employees' insurance court shall consist of such number of judges as the state government may think fit(3) any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a judge of the employees' insurance court25(4) the state government may appoint the same court for two or more local areas or two or more employees' insurance courts for the same local area(5) where more than one employees' insurance court has been appointed for the same local area, the state government may by general or special order regulate the distribution of business between them49 (1) if any question or dispute or claim arises as to—30(a) whether any person is an employee within the meaning of this code relating to this chapter or whether he is liable to pay the employee's contribution; ormatters to bedecided by employees' insurance court(b) the rate of wages or average daily wages of an employee for the purposes of this chapter; or35(c) the rate of contribution payable by an employer in respect of any employeeunder this chapter; or(d) the person who is or was the employer in respect of any employee for thepurposes of this chapter; or(e) the right of any person to any benefit under this chapter and as to theamount and duration thereof; or40(f) any direction issued by the corporation on a review of any payment ofdependants' benefit under this chapter; or45(g) any other matter which is in dispute between an employer and the corporationrelating to this chapter, or between an employer and a contractor relating to this chapter or between a person and the corporation relating to this chapter or between an employee and an employer or contractor relating to this chapter, in respect of any contribution or benefit or other dues payable or recoverable under this code relating to this chapter; or(h) claim for the recovery of contributions from the employer under this code relating to this chapter; or5(i) claim under sub-section (8) of section 41 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; or(j) claim against an employer under section 42; or (k) order of the appellate authority under section 126 in respect of chapter iv;or(l) claim by an employer to recover contributions from any contractor under this code relating to this chapter; or10(m) any other claim for the recovery of any benefit admissible under this chapter, such matter shall be decided by the employers' insurance court15(2) no matter which is in dispute between an employer and the corporation in respect of any contribution or any other dues under this chapter shall be raised by the employer in the employees' insurance court unless he has deposited with that court fifty per cent of the amount due from him as claimed by the corporation:provided that the employees' insurance court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section20(3) no civil court shall have jurisdiction to decide or deal with any question or dispute as specified in sub-section (1) or to adjudicate on any liability which by or under this code relating to this chapter is to be decided by a medical board, or by a medical appeal tribunal or by the employees' insurance court25powers of employees' insurance court2 of 197450 (1) the employees' insurance court shall have all the powers of a civil court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a civil court within the meaning of section 195 and chapter xxvi of the code of criminal procedure, 1973(2) the employees' insurance court shall follow such procedure as may be prescribed by the state government30(3) all costs incidental to any proceeding before an employees' insurance court shall, subject to such rules as may be made in this behalf by the state government, be in the discretion of that court(4) an order of the employees' insurance court shall be enforceable by it as if it were a decree passed in a suit by a civil court3551 (1) the manner of commencement of proceedings before the employees' insurance court, fees and procedure thereof shall be such as may be prescribed by the appropriate government:proceedings of employees' insurance courts40provided that the limitation for initiating the proceedings by the aggrieved person in the employees' insurance court shall be three years from the date on which the cause of action arises:45provided further that the "arising of cause of action" in respect of a claim by the insured person or dependants; by the corporation for recovering contribution (including interests and damages) from the employer; and the claim by the employer for recovering contributions from a contractor and the time within which such claims, recovery or contribution, from employer by the corporation and recovery of contribution by the employer from the contractor, shall be as specified in the regulations5(2) any application, appearance or act required to be made or done by any person to, or before, an employees' insurance court (other than appearance of a person required for the purpose of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorised in writing by such person or with the permission of that court, by any other person so authorised(3) an employees' insurance court may submit any question of law for the decision of the high court and if it does so shall decide the question pending before it in accordance with such decisionappeal to high court1052 (1) save as expressly provided in this section, no appeal shall lie from an order of an employees' insurance court(2) an appeal shall lie to the high court from an order of an employees' insurance court, if it involves a substantial question of law(3) the appeal shall be filed under this section within a period of sixty days from the date of the order made by the employees' insurance court1536 of 1963(4) the provisions of sections 5 and 12 of the limitation act, 1963 shall apply toappeals under this section(5) where the corporation has presented an appeal against an order of the employees'insurance court, that court may, and if so directed by the high court, shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against20 chapter v gratuitypayment of gratuity53 (1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—(a) on his superannuation; or25(b) on his retirement or resignation; or (c) on his death or disablement due to accident or disease; or(d) on termination of his contract period under fixed term employment; or(e) on happening of any such event as may be notified by the central government:3045 of 1955provided that in case of working journalist as defined in clause (f) of section 2 of the working journalists and other newspaper employees (condition of service) and miscellaneous provisions act, 1955, the expression "five years" occurring in this sub-section shall be deemed to be three years:35provided further that the completion of continuous service of five years shall not benecessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the central government:40provided also that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the competent authority as may be notified by the appropriate government who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed by the appropriate government, until such minor attains majority45(2) for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages or such number of days as may be notified by the central government, based on the rate of wages last drawn by the employee concerned:provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:5provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season:provided also that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis10(3) the amount of gratuity payable to an employee shall not exceed such amount as may be notified by the central government15(4) for the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced(5) nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer(6) notwithstanding anything contained in sub-section (1),—20(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;(b) the gratuity payable to an employee may be wholly or partially forfeited—25(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided such offence is committed by him in the course of his employment30explanation 1— for the purposes of this chapter, employee does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuityexplanation 2— for the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease, resulting in such disablement35explanation 3— for the purposes of this section, it is clarified that in the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen54 for the purposes of this chapter,—continuous service40 45(a) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this code;(b) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer—5(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—10(i) one hundred and ninety days, in the case of any employeeemployed below the ground in a mine or in an establishment which works for less than six days in a week; and(ii) two hundred and forty days, in any other case;(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than—15(i) ninety-five days, in the case of an employee employed below theground in a mine or in an establishment which works for less than six days in a week; and(ii) one hundred and twenty days, in any other case20explanation— for the purposes of this clause, the number of days on which an employee has actually worked under an employer shall include the days on which—20 of 1946 14 of 1947(i) he has been laid-off under an agreement or as permitted by standing orders made under the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment;25(ii) he has been on leave with full wages, earned in the previous year;(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and30(iv) in the case of a female, she has been on maternity leave; so,however, that the total period of such maternity leave does not exceed twenty-six weeks;35(c) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (a), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such periodnomination4055 (1) each employee, who has completed one year of service, shall make, a nomination within such time, in such form and in such manner, as may be prescribed by the appropriate government(2) an employee may, in his nomination, distribute the amount of gratuity payable to him under this chapter amongst more than one nominee(3) if an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void45(4) if at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed by the appropriate government, a fresh nomination in favour of one or more members of his family5(5) a nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be prescribed by the appropriate government, of his intention to do so10(6) if a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the form prescribed by the appropriate government, in respect of such interest(7) every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody15determination of amount of gratuity56 (1) a person who is eligible for payment of gratuity under this chapter or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed by the appropriate government, for payment of such gratuity20(2) as soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determined(3) the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable25(4) if the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the central government from time to time for repayment of long term deposits:30provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the competent authority for the delayed payment on this ground35(5) (a) if there is any dispute as to the amount of gratuity payable to an employee under this chapter or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the competent authority such amount as he admits to be payable by him as gratuity40(b) where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the competent authority in the form prescribed by the appropriate government for deciding the dispute45(c) the competent authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the competent authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer(d) the competent authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto(e) as soon as may be after a deposit is made under clause (a), the competent authority shall pay the amount of the deposit—(i) to the applicant where he is the employee; or (ii) where the applicant is not the employee, to the nominee or, as the case maybe, the guardian of such nominee or heir of the employee if the competent authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity55 of 1908(6) for the purpose of conducting an inquiry under sub-section (5), the competent authority shall have the same powers as are vested in a court, while trying a suit, under the code of civil procedure, 1908, in respect of the following matters, namely:—(a) enforcing the attendance of any person or examining him on oath;10(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses(7) any inquiry under this section shall be a judicial proceeding within the meaning of section 193, section 228, and for the purpose of section 196, of the indian penal code45 of 186015(8) any person aggrieved by an order under sub-section (5) may, within sixty daysfrom the date of the receipt of the order, prefer an appeal to the appropriate government or such other authority as may be specified by the appropriate government in this behalf:20provided that the appropriate government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days:25provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the competent authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (5), or deposits with the appellate authority such amount(9) the appropriate government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify, or reverse the decision of the competent authority30compulsory insurance3541 of 199957 (1) with effect from such date as may be notified by the appropriate governmentin this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed by the central government, for his liability for payment towards the gratuity under this chapter, from any insurance company regulated by the authority as defined under clause (b) of sub-section (1) of section 2 of the insurance regulatory and development authority act, 1999:provided that different dates may be appointed for different establishments or classof establishments or for different areas40(2) the appropriate government may, subject to such conditions as may be prescribedby the central government, exempt any employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed by the central government from the provisions of sub-section (1)45(3) for the purposes of effectively implementing the provisions of this section, everyemployer shall within such time as may be prescribed by the central government get his establishment registered with the competent authority in the manner prescribed by the appropriate government and no employer shall be registered under the provisions of thissection unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2)5(4) the appropriate government may provide for the composition of the board of trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the board of trustees of the approved gratuity fund, in such manner as may be prescribed10(5) where an employer fails to make any payment by way of premium in respect of the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this chapter (including interest, if any, for delayed payments) forthwith to the competent authority43 of 1961explanation— in this section, "approved gratuity fund" shall have the same meaning as assigned to it in sub-section (5) of section 2 of the income-tax act, 196115competent authority58 (1) the appropriate government may, by notification, appoint any officer of that government having such qualifications and experience as may be prescribed by that government to be a competent authority for implementation of any provision of this chapter for such area as may be specified in the notification20(2) where more than one competent authority has been appointed for any area, the appropriate government may, by general or special order, regulate the distribution of business among them(3) any competent authority may, for the purpose of deciding any matter referred to him for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under reference to assist him in holding the inquiry relating thereto25 chapter vi maternity benefit3059 (1) no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancyemployment of, or work by, women prohibited during certain period(2) no woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy35(3) without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health(4) the period referred to in sub-section (3) shall be—40(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6245explanation— for the purposes of this section, the expression "any work of arduous nature" shall mean any work which involve or require strenuous effort or is difficult and tiring in natureright to payment of maternity benefit60 (1) subject to the other provisions of this code, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day529 of 2019explanation—for the purposes of this sub-section, "the average daily wage" means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the code on wages, 201910(2) no woman shall be entitled to maternity benefit unless she has actually worked inan establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery15explanation— for the purposes of calculating the period under this sub-section, the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages, during the period of twelve months immediately preceding the expected date of her delivery shall be taken into account20(3) the maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery:provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:25provided further that where a woman dies during this period, the maternity benefitshall be payable only for the days up to and including the day of her death:30provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the childexplanation— for the purposes of this sub-section, "child" includes a stillborn child35(4) a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be40(5) in case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree4561 every woman entitled to the payment of maternity benefit under this chapter, shall, notwithstanding the application of chapter iv to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32continuance of payment of maternity benefit in certain cases62 (1) any woman employed in an establishment and entitled to maternity benefit under the provisions of this chapter may give notice in writing in such form as may be prescribed by the central government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this chapter may be paid to hernotice of claim for maternity benefit and payment thereofor to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit5(2) in the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery(3) any woman who has not given the notice when she was pregnant may give such notice as soon as possible after her delivery(4) on receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit10 15(5) the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the central government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed by the central government that the woman has been delivered of a child20(6) the failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this chapter if she is otherwise entitled to such benefit or amount and in any such case an inspector-cum-facilitator may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the orderpayment of maternity benefit in case of death of a woman63 if a woman entitled to maternity benefit or any other amount under this chapter, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 60, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 62 and in case there is no such nominee, to her legal representative25payment of medical bonus64 every woman entitled to maternity benefit under this chapter shall also be entitled to receive from her employer a medical bonus of three thousand five hundred rupees or such amount as may be notified by the central government, if no pre-natal confinement and post-natal care is provided for by the employer free of charge30leave for miscarriage, etc65 (1) in case of miscarriage, or medical termination of pregnancy, a woman shall, onproduction of such proof as may be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy35(2) in case of tubectomy operation, a woman shall, on production of such proof asmay be prescribed by the central government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation40(3) a woman suffering from illness arising out of pregnancy, delivery, prematurebirth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the central government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period ofone month45nursing breaks66 every woman delivered of a child who returns to duty after such delivery shall, inaddition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of such duration as may be prescribed by the central government, for nursing the child until the child attains the age of fifteen monthscreche facility5067 (1) every establishment to which this chapter applies, in which fifty employees orsuch number of employees as may be prescribed by the central government, are employedshall have the facility of crèche within such distance as may be prescribed by the central government, either separately or along with common facilities:provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her:5provided further that an establishment may avail common crèche facility of the centralgovernment, state government, municipality or private entity or provided by non- governmental organisation or by any other organisation or group of establishments who may pool their resources for setting up of common crèche in the manner as they may agree for such purpose10(2) every establishment to which this chapter applies shall intimate in writing andelectronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this chapterdismissal for absence during pregnancy1568 (1) when a woman absents herself from work in accordance with the provisions of this chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service:20provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus:provided further that where the dismissal is for any gross misconduct as may be prescribed by the central government, the employer may, by order in writing, communicated to the woman, deprive her of the maternity benefit or medical bonus, or both25 30(2) any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed, shall be final69 no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this chapter shall be made by reason only of—no deduction of wages in certain cases35(a) the nature of work assigned to her by virtue of the provisions contained in section 59; or(b) breaks for nursing the child allowed to her under the provisions of section 66forfeiture of maternity benefit4070 a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefits provided under this chapter shall not be entitled to receive maternity benefit for such periodduties of employer71 an abstract of the provisions of this chapter and the rules relating thereto in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed72 (1) any woman claiming that,—45(a) maternity benefit or any other amount to which she is entitled under thischapter and any person claiming that payment due under this chapter has been improperly withheld;power of inspectorcum- facilitator to direct payments to be made(b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this chapter, may make a complaint to the inspector-cum-facilitator5(2) the inspector-cum-facilitator may, on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that—(a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his order in writing;(b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this chapter,10may pass such orders as he deems just and proper according to the circumstances of the case(3) any person aggrieved by the order of the inspector-cum-facilitator under sub-section (2) may, within thirty days from the date on which such order is communicated to such person, appeal to the authority prescribed by the appropriate government15(4) the decision of the authority referred to in sub-section (3), where an appeal has been preferred to it under that sub-section or of the inspector-cum-facilitator where no such appeal has been preferred, shall be final chapter vii employee's compensation20reports of fatal accidents and serious bodily injuries73 (1) where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring in his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury:25provided that where the state government has so specified, the person required to give the notice may instead of sending such report to the competent authority send it to the authority to whom he is required to give the notice30explanation— for the purposes of this sub-section, "serious bodily injury" means an injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days35(2) the state government may, by notification, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the competent authority(3) nothing in this section shall apply to establishments to which chapter iv, relating to employees' state insurance corporation, applies40employer's liability for compensation74 (1) if personal injury is caused to an employee by accident or an occupational disease listed in the third schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable—45(a) in respect of such injury which does not result in the total or partial disablement of the employee for a period exceeding three days; and(b) in respect of such injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to—(i) the employee having been at the time thereof under the influence ofdrink or drugs, or5(ii) the wilful disobedience of the employee to an order expressly given,or to a rule expressly framed, for the purpose of securing the safety of employees, or(iii) the wilful removal or disregard by the employee of any safety guardor other device which he knew to have been provided for the purpose of securing the safety of employee10(2) an accident or an occupational disease referred to in sub-section (1) shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident or at the time of contracting the occupational disease, referred to in that sub-section, acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if—15(a) such accident or contracting of such occupational disease would have beendeemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and(b) the act is done for the purpose of, and in connection with, the employer'strade or business20 25(3) if an employee employed in any employment specified in the second schedulecontracts any disease specified in the third schedule, being an occupational disease peculiar to that employment whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months, then, such disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment30(4) an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and his employment is established35 40(5) the central government or the state government, after giving, by notification, not less than three months' notice of its intention so to do, may, by a like notification, modify or add any description of employment to the employments specified in the second schedule, and occupational diseases specified in the third schedule and shall specify in the case of employments so modified or added, the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply, in the case of a notification by the central government, within the territories to which this code extends or, in case of a notification by the state government, within that state as if such diseases had been declared by this code to be occupational diseases peculiar to those employments45(6) save as provided by sub-sections (2), (3) and (4), no compensation shall be payable to an employee in respect of any accident or disease unless the accident or disease is directly attributable to a specific injury by accident or disease arising out of and in the course of his employment(7) nothing herein contained shall be deemed to confer any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any court of law in respect of such accident or disease—(a) if he has instituted a claim to compensation in respect of the accident or disease before a competent authority; or5(b) if an agreement has been made between the employee and his employer providing for the payment of compensation in respect of the accident or disease in accordance with the provisions of this chaptercompensation in case of death of or injury in plantation75 if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation under section 76 and the sixth schedule, so far as may be applicable10explanation— for the purposes of this section, the expression "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, and includes a person employed on contract for more than sixty days in a year, but does not include—15(i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed the amount as determined by the appropriate government, by notification, from time to time;20(iii) any person employed in the plantation primarily in a managerial or administrative capacity, notwithstanding that his monthly wages do not exceed the amount as determined by the appropriate government, by notification, from time to time;(iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals25amount of compensation76 (1) subject to the provisions of this chapter, the amount of compensation shall be,—30(a) where death results from the injury, an amount equal to fifty per cent of the monthly wages of the deceased employee multiplied by the relevant factor or an amount as may be notified by the central government from time to time, whichever is more;35(b) where permanent total disablement results from the injury, an amount equal to sixty per cent of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the central government from time to time, whichever is more: provided that the central government may, by notification, from time to time, enhance the amount of compensation specified in clauses (a) and (b)40explanation— for the purposes of clauses (a) and (b), "relevant factor", in relation to an employee means the factor specified in column (3) of the sixth schedule relating to factors against the corresponding entry in column (2) thereof, specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due;(c) where permanent partial disablement results from the injury,—45(i) in the case of an injury specified in part ii of the fourth schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and(ii) in the case of an injury not specified in the fourth schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the medical practitioner) permanently caused by the injury5explanation 1— for the purposes of this clause, where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries10explanation 2— in assessing the loss of earning capacity under sub-clause (ii), the medical practitioner shall have due regard to the percentage of loss of earning capacity in relation to different injuries specified in the fourth schedule;15(d) where temporary disablement, whether total or partial, results from the injury, a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (4)20(2) notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to an employee in respect of an accident which occurred outside india, the competent authority shall take into account the amount of compensation, if any, awarded to such employee in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the employee in accordance with the law of that country(3) the central government may, by notification, specify for the purposes of sub-section (1), such monthly wages in relation to an employee as it may consider necessary(4) the half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day—25(i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more; or30(ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever is shorter: provided that—35 40(a) there shall be deducted from any lump sum or half-monthly payments to which the employee is entitled, the amount of any payment or allowance which the employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be, and such payment or allowance which the employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation;(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the employee before the accident exceeds half the amount of such wages which he is earning after the accident45(5) the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer(6) on the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month5(7) if the injury of the employee results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the competent authority a sum of not less than fifteen thousand rupees or such amount as may be prescribed by the state government, for payment of the same to the eldest surviving dependant of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependant or was not living with his dependant at the time of his death, to the person who actually incurred such expenditure:provided that the central government may, by notification from time to time, enhance the amount specified in this sub-section77 (1) compensation under section 76 shall be paid as soon as it falls due10compensation to be paid when due and damages for default15(2) in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the competent authority or made to the employee, as the case may be, without prejudice to the right of the employee to make any further claim(3) where any employer is in default in paying the compensation due under this chapter within one month from the date it fell due, the competent authority shall,—(a) direct that the employer shall, in addition to the amount of the arrears, pay interest at such rate as may be prescribed by the central government, on the amount due; and20(b) if in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damages:25provided that an order for the payment of damages shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause as to why it should not be passed (4) the interest and the damages payable under sub-section (3) shall be paid to the employee or his dependant, as the case may be3078 for the purposes of this chapter, the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely:—method of calculating monthly wages for purposes of compensation35(a) where the employee has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the employee shall be onetwelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;40(b) where the whole of the continuous period of service immediately preceding the accident during which the employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the employee shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by an employee employed on the same work by the same employer, or, if there was no employee so employed, by an employee employed on similar work in the same locality;45(c) in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such periodexplanation—for the purposes of this section, "a period of service" shall be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen daysreview579 (1) any half-monthly payment payable under this chapter, either under anagreement between the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitioner that there has been a change in the condition of the employee or, subject to such conditions as may be prescribed by the state government, on application made without such certificate10(2) any half-monthly payment may, on review under this section, subject to theprovisions of this chapter, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the employee is entitled less any amount which he has already received by way of halfmonthly payments15commutation of halfmonthly payments80 any right to receive half-monthly payments may, by agreement between theparties or, if the parties cannot agree and the payments have been continued for not less than six months, on the application of either party to the competent authority be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may be20distribution of compensation81 (1) no payment of compensation in respect of an employee whose injury hasresulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation:25provided that, in the case of a deceased employee, an employer may make to anydependant, advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the competent authority from such compensation and repaid to the employer30(2) any other sum amounting to not less than five thousand rupees which is payableas compensation may be deposited with the competent authority on behalf of the person entitled thereto(3) the receipt of the competent authority shall be a sufficient discharge in respect of any compensation deposited with him35(4) (a) on the deposit of any money under sub-section (1) as compensation in respectof a deceased employee, the competent authority shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation40(b) if the competent authority is satisfied after any inquiry which he may deemnecessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid(c) the competent authority shall, on an application by the employer, furnish a statement showing in detail all disbursements made45(5) the compensation deposited in respect of a deceased employee shall, subject toany deduction made under sub-section (1), be apportioned by order by the competentauthority among the dependants of the deceased employee or any of them in such proportion as the competent authority thinks fit, or may, in the discretion of the competent authority, be allotted to any one dependant:provided that the competent authority shall not make any order under this sub-section without hearing the dependants and shall record reasons in the order for the apportionment of such compensation among dependants or any of them, as the case may be5(6) where any compensation deposited with the competent authority is payable to any person, other than a woman or a person under legal disability, the competent authority may pay the compensation to the person entitled thereto10 15(7) where any lump sum deposited with the competent authority is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the competent authority may direct; and where a half-monthly payment is payable to any person under a legal disability, the competent authority may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the employee or to any other person, whom the competent authority thinks fit to provide for the welfare of the employee20(8) where, on application made to him in this behalf or otherwise, the competent authority is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the competent authority as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the competent authority may make such orders for the variation of the former order as he thinks just in the circumstances of the case:25provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause as to why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him30(9) where the competent authority varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner as specified in sub-section (10)(10) the competent authority may recover as an arrear of land revenue any amount referred to in sub-section (9), and for such purpose the competent authority shall be deemed to be a public officer within the meaning of section 5 of the revenue recovery act, 189035notice and claim82 (1) no claim for compensation shall be entertained by a competent authorityunless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death:40provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (3) of section 74 are applicable, the accident shall be deemed to have occurred on the first of the days during which the employee was continuously absent from work in consequence of the disablement caused by the disease:45provided further that in case of partial disablement due to the contracting of any such disease and which does not force the employee to absent himself from work, the period of two years shall be counted from the day the employee gives notice of the disablement to his employer:50provided also that if an employee who, having been employed in an employment for a continuous period specified under sub-section (3) of section 74 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected(2) the want of or any defect or irregularity, in a notice given under sub-section (1), shall not be a bar to the entertainment of a claim—510(a) if the claim is preferred in respect of the death of an employee resulting froman accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or(b) if the employer or any one of several employers or any person responsibleto the employer for the management of any branch of the trade or business in which the injured employee was employed had knowledge of the accident from any other source at or about the time when it occurred:15provided that the competent authority may entertain and decide any claim tocompensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time as provided under sub-section (1), if he issatisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause20(3) every such notice shall give the name and address of the person injured and shallstate the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed25(4) the appropriate government may require that any class of employers as may beprescribed by that government shall maintain, at their premises at which employees are employed, a notice-book, in such form as may be prescribed by that government, which shall be readily accessible at all reasonable times to any injured employee employed on the premises and to any person acting bonafide on his behalf30(5) a notice under this section may be served by delivering it at, or sending it byregistered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or where possible, electronically or, where a notice-book is maintained, by entry in the notice-book3583 (1) the provisions of this section shall, subject to the modifications specified in this section, apply in case of employees who are —(a) masters of ships or seamen; or (b) captain and other members of crew of aircraft;special provisions relating to accidents occurring outside indian territory(c) persons recruited by companies registered in india and working as such abroad;4059 of 1988(d) persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employees (2) the notice of the accident and the claim for compensation by a person injured may be served on the following persons, as if they were the employer —45(a) in case of accident where the person injured is a seamen, but not the masterof the ship, on the master of the ship;(b) in case of accident where the person injured is a member of crew of anaircraft, but not the captain of the aircraft, on the captain of the aircraft;(c) in case of persons recruited by companies registered in india and working as such abroad, on the local agent of the company;5(d) in case of persons sent for work abroad along with motor vehicles as drivers, helpers, mechanics, cleaners or other employees, on the local agent of the owner of the motor vehicle, in the country of the accident:provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident (3) the claim of compensation shall be made —10(a) in the case of the death of an employee referred to in sub-section (1), one year after the news of the death has been received by the claimant;(b) in the case where the ship or the aircraft as the case may be, has been or is deemed to have been lost with all hands, eighteen months of the date on which the ship or the aircraft was, or is deemed to have been, so lost:15provided that the competent authority may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause20(4) where an injured employee referred to in sub-section (1) is discharged or left behind in any part of india or in any foreign country, then, any depositions taken by any judge or magistrate in that part or by any consular officer in the foreign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claim, be admissible in evidence —25(a) if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made;(b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and30(c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused,35and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made(5) no half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law in force for the time being relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman40(6) failure to give a notice or make a claim or commence proceedings within the time required by this section shall not be a bar to the maintenance of proceedings under this chapter in respect of any personal injury, if such proceedings under this chapter are commenced within one month from the date on which the certificate of the state to that effect government was furnished to the person commencing the proceedings45medical examination84 (1) where an employee has given notice of an accident, he, shall, if the employer,before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly paymentunder this chapter shall, if so required, submit himself for such examination from time to time:provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the state government5(2) if an employee, on being required to do so by the employer under sub-section (1)or by the competent authority at any time, refuses to submit himself for examination by a medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless in the case of refusal, he was prevented by any sufficient cause from so submitting himself10(3) if an employee, before the expiry of the period within which he is liable under subsection (1) to be required to submit himself for medical examination, voluntarily leaves the vicinity of the place in which he was employed without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination:15provided that where such employee proves before the medical practitioner that he could not so submit himself for medical examination due to the circumstances beyond his control and he was also handicapped to communicate such information in writing, the medical practitioner may after recording such reasons in writing, condone the delay and his right to compensation shall be revived as if no such suspension was made20(4) where an employee, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the competent authority may, if he thinks fit, direct the payment of compensation to the dependants of the deceased employee25(5) where under sub-section (2) or sub-section (3), a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (ii) of sub-section (4) of section 76, the waiting period shall be increased by the period during which the suspension continues30 35(6) where an injured employee has refused to be attended by a medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, if it is proved that the employee has not thereafter been regularly attended by a medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had been regularly attended by a medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordinglycontracting40 4585 (1) where any employer in the course of or for the purposes of his trade or business contracts with a contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by him; and that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed50(2) where the employer is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compensation and where a contractor who is himself an employer is liable to pay compensation or to indemnify an employer under this section, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authority5(3) nothing in this section shall be construed as preventing an employee from recovering compensation referred to in sub-section (2) from the contractor instead of the employer(4) the provisions of this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the employer has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management10remedies of employer against stranger1586 where an employee has recovered compensation in respect of any injury causedunder circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 85 shall be entitled to be indemnified by the person so liable to pay damages as aforesaidinsolvency of employer20 2587 (1) where any employer has entered into a contract with any insurers in respect of any liability under this chapter to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer(2) if the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation30(3) where in any case such as is referred to in sub-section (1), the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premium), the provisions of that sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the employee:35provided that the provisions of this sub-section shall not apply in any case in which the employee fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings4031 of 2016 18 of 201345(4) there shall be deemed to be included among the debts which under the insolvency and bankruptcy code, 2016 or under the provisions of the companies act, 2013 are in the distribution of the assets of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation, the liability accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and the provisions of that code and act shall have effect accordingly50(5) where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if applications were made for that purpose under section 80, and a certificate of the competent authority as to the amount of such sum shall be conclusive proof thereof(6) the provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1)5(7) the provisions of this section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company10power to require from employers statements regarding fatal accidents1588 (1) where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post or where possible, electronically a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by the state government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependants of such employee ascertained by the competent authority(2) if the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice20(3) if the employer is of the opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability(4) where the employer has so disclaimed liability, the competent authority, after such inquiry as he may think fit, may inform any of the dependants of the deceased employee, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit25(5) where in the opinion of the competent authority, a dependant of the deceasedemployee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant, from the panel of advocates maintained by the state governmentregistration of agreements3089 (1) where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register, electronically or otherwise, in such manner as may be prescribed by the appropriate government:35provided that—(a) no such memorandum shall be recorded before seven days after communication by the competent authority of notice to the parties concerned;(b) the competent authority may at any time rectify the register;40 45(c) where it appears to the competent authority that an agreement as to thepayment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable, to a woman or a person under a legal disability ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the competent authority may refuse to record the memorandum of the agreement and may make such order including an order as to any sum already paid under the agreement, as the competent authority thinks just in the circumstances9 of 1872(2) an agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this code notwithstanding anything contained in the indian contract act, 1872, or in any other law for the time being in force510(3) where a memorandum of any agreement, the registration of which is required under this section, is not sent to the competent authority as required by this section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this chapter, and notwithstanding anything contained in the proviso to sub-section (1) of section 76, shall not, unless the competent authority otherwise directs, be entitled to deduct more than half of any amount paid to the employee by way of compensation whether under the agreement or otherwisereference to competent authority90 (1) if any question arises in any proceedings under this chapter as to the liabilityof any person to pay compensation (including any question as to whether a person injured is or is not an employee) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a competent authority15(2) no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this chapter required to be settled, decided or dealt with by a competent authority or to enforce any liability incurred under this chapter20appointment of competent authority2591 (1) the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by the appropriate government to be a competent authority for employee's compensation for such area as may be specified in the notification(2) where more than one competent authority has been appointed for any area, the state government may, by general or special order, regulate the distribution of business amongst them30(3) any competent authority may, for the purpose of deciding any matter referred to him for decision under this chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry35venue of proceedings and transfer92 (1) where any matter under this chapter is to be done by or before a competentauthority, the same shall, subject to the provisions of this chapter and in the manner prescribed in this behalf by the state government, be done by or before the competent authority for the area in which—(a) the accident took place which resulted in the injury; or (b) the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or40(c) the employer has his registered office:45provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the central government to the competent authority having jurisdiction over the area and the state government concerned:provided further that, where the employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident outside india, any such matter may be done by or before a competent authority for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be5(2) if a competent authority, other than the competent authority with whom any money has been deposited under section 81, proceeds with a matter under this chapter, the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request, he shall comply with the same10 15(3) if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, whether in the same state or not, he may, subject to rules made under this code relating to this chapter, order such matter to be transferred to such other competent authority either for report or for disposal, and, if he does so, shall forthwith transmit to such other competent authority all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the manner as may be prescribed by the central government any money remaining in his hands or invested by him for the benefit of any party to the proceedings:provided that the competent authority shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard20(4) the competent authority to whom any matter is so transferred shall, subject torules made under this code relating to this chapter, inquire therein to and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him25(5) on receipt of a report from a competent authority to whom any matter has been transferred for report under sub-section (3), the competent authority by whom it was referred shall decide the matter referred to in conformity with such report(6) the state government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by itform of application3093 (1) where an accident occurs in respect of which liability to pay compensation under this chapter arises, a claim for such compensation may, subject to the provisions of this chapter, be made before the competent authority35(2) subject to the provisions of sub-section (1), no application for the settlement of any matter by competent authority, other than an application by a dependant or joint application by dependants for compensation, shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement(3) an application to a competent authority for claim under sub-section (1) or settlement under sub-section (2) may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by the central government40(4) the time limit for the disposal of applications under this section and the costsincidental to the proceedings under this section to be imposed by the competent authority shall be such as may be prescribed by the state government4594 (1) where any sum has been deposited by an employer as compensation payable in respect of an employee whose injury has resulted in death, and in the opinion of the competent authority such sum is insufficient, the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticepower of competent authority to require further deposit in cases of fatal accident(2) if the employer fails to show cause to the satisfaction of the competent authority, the competent authority may make an award determining the total amount payable, and requiring the employer to deposit the deficiency5 of 19085powers and procedure of competent authority2 of 197495 the competent authority shall have all the powers of a civil court under the codeof civil procedure, 1908, for the purpose of taking evidence on oath (which such competent authority is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the competent authority shall be deemed to be a civil court for all the purposes of section 195 and of chapter xxvi of the code of criminal procedure, 197310appearance of parties1596 any appearance, application or act required to be made or done by any personbefore or to a competent authority (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector-cum-facilitator appointed under sub-section (1) of section 122 or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorisedmethod of recording evidence2097 the competent authority shall make a brief memorandum of the substance of theevidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by the state government and shall form part of the record:provided that, if the competent authority is prevented from making suchmemorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:25provided further that the evidence of any medical witness shall be taken down asnearly as may be word for wordpower to submit cases98 a competent authority may, if he thinks fit, submit any question of law for thedecision of the high court and, if he does so, shall decide the question in conformity with such decision3099 (1) an appeal shall lie to the high court from the following orders of a competentauthority under this chapter, namely:—appeal against order of competent authority(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;35(b) an order awarding interest or damages under section 77; (c) an order refusing to allow redemption of a half-monthly payment; (d) an order providing for the distribution of compensation among the dependants of a deceased employee, or disallowing any claim of a person alleging himself to be such dependant;40(e) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 85; or(f) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:45provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order referred to in clause (c), unless the amount in dispute in the appeal is not less than ten thousand rupees or such higher amount as the central government may, by notification, specify:provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the competent authority, or in which the order of the competent authority gives effect to an agreement arrived at by the parties:5provided also that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against(2) the period of limitation for an appeal under this section shall be sixty days from the date of passing of the order1036 of 1963(3) the provisions of section 5 of the limitation act, 1963, shall be applicable to appeal under this section chapter viii social security and cess in respect of building and other construction workers15levy and collection of cess100 (1) there shall be levied and collected a cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employer, as the central government may, by notification, from time to time, specifyexplanation—for the purposes of this sub-section, the cost of construction shall not include,—20(a) the cost of land; and (b) any compensation paid or payable to an employee or his kin under chapter vii25 30(2) the cess levied under sub-section (1) shall be collected from every employer undertaking building or other construction work in such manner and at such time, including deduction at source in relation to a building or other construction work of a government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority or such other authority notified by the state government is required, as may be prescribed by the central government(3) the proceeds of the cess collected under sub-section (2) shall be deposited by the local authority or such other authority notified by the state government to the building workers' welfare board in such manner as may be prescribed by the central government35(4) notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this chapter including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed by the central government on the basis of the quantum of the building or other construction work involved40interest payable on delay in payment of cess101 if any employer fails to pay any amount of cess payable under section 100 within such time as may be prescribed by the appropriate government, such employer shall be liable to pay interest at such rate as may be prescribed by the central government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paid45power to exempt from cess102 notwithstanding anything contained in this chapter, the appropriate government may, by notification, exempt any employer or class of employers in a state from the payment of cess payable under this chapter where such cess is already levied and payable under any corresponding law in force in that stateselfassessment of cess5103 (1) the employer shall, within sixty days or such period as may be notified by the central government of the completion of his each building and other construction work, pay such cess (adjusting the advance cess already paid under section 100) payable under this chapter on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the central government and after such payment of cess, he shall file a return under clause (d) of section 12310(2) if the officer or the authority to whom or to which the return has been filed under sub-section (1) finds any discrepancy in the payment under the self-assessment and the payment required under the return referred to in that sub-section, then, he or it shall, after making or causing to be made such inquiry as he or it thinks fit and after such inquiry make the appropriate assessment order(3) an order of assessment made under sub-section (2) shall specify the date within which the cess shall be paid by the employer, if any15penalty for non-payment of cess within the specified time104 if any amount of cess payable by any employer under section 103 is not paid within the date specified in the order of assessment made under sub-section (2) of that section, it shall be deemed to be in arrears and the authority prescribed by the central government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess:20provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this sectionappeal to appellate authority25105 (1) any employer aggrieved by an order of assessment made under section 103or by an order imposing penalty made under section 104 may, within such time as may be prescribed by the central government, appeal to such appellate authority in such form and in such manner as may be prescribed by the central government(2) every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed by the appropriate government30(3) after the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible(4) every order passed in appeal under this section shall be final and shall not be called in question in any court of law35registration of building workers as beneficiaries106 every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the building workers' welfare board as a beneficiary under this chapter in such manner as may be prescribed by the central governmentcessation as a beneficiary40107 (1) a building worker who has been registered as a beneficiary under section 106shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year:45provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment(2) notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the central governmentexplanation—for computing the period of three years under this sub-section as a beneficiary registered with a building workers' welfare board, there shall be added any period for which a person had been a beneficiary registered with any other such board immediately before his registration with the building workers' welfare board5108 (1) there shall be constituted by a building workers' welfare board a fund to be called the building and other construction workers' welfare fund and there shall be credited thereto—(a) the amount of any cess levied under sub-section (1) of section 100;building and other construction workers' welfare fund and its application10(b) any grants and loans made to the building workers' welfare board by the central government; and(c) all sums received by the building workers' welfare board from such other sources as may be decided by the central government (2) the building and other construction workers' welfare fund shall be applied for meeting—15(a) expenses of the building workers' welfare board in the discharge of its functions under sub-section (6) of section 7;(b) salaries, allowances and other remuneration of the members, officers and other employees of the building workers' welfare board; and(c) expenses on objects and for purposes authorised by this code20(3) no building workers' welfare board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent of its total expenses during that financial year chapter ix social security for unorganised workers, gig workers and25 platform workers109 (1) the central government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to—framing of schemes for unorganised workers(i) life and disability cover;30(ii) health and maternity benefits; (iii) old age protection; (iv) education; and (v) any other benefit as may be determined by the central government35(2) the state government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to—(i) provident fund; (ii) employment injury benefit; (iii) housing; (iv) educational schemes for children;40(v) skill upgradation of workers; (vi) funeral assistance; and (vii) old age homes(3) any scheme notified by the central government under sub-section (1), may be—(i) wholly funded by the central government; or (ii) partly funded by the central government and partly funded by the state government; or5(iii) partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the central government; or18 of 201310(iv) funded from any source including corporate social responsibility fund within the meaning of the companies act, 2013 or any other such source as may be specified in the scheme (4) every scheme notified by the central government under sub-section (1) shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to all or any of the following, namely:—(i) scope of the scheme;15(ii) authority to implement the scheme; (iii) beneficiaries of the scheme; (iv) resources of the scheme; (v) agency or agencies that will implement the scheme;20(vi) redressal of grievances; and (vii) any other relevant matter, and a special purpose vehicle may also be constituted by the central government for the purpose of implementation of any such scheme25110 (1) any scheme notified by the state government under sub-section (2) of section 109 may be—funding of state government schemes(a) wholly funded by the state government; or (b) partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the state government; or30(c) funded from any source including corporate social responsibility fund referred to in clause (iv) of sub-section (3) of section 109 or any other such source as may be specified in the scheme (2) the state government may seek financial assistance from the central government for the schemes formulated by it35(3) the central government may provide such financial assistance to the state governments for the purpose of schemes for such period and on such terms and conditions as it may deem fitrecord keeping111 the government formulating and notifying the scheme under this chapter shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintained:40provided that such records shall, as far as may be possible, bear continuous numberfor the purpose of proper management of the scheme and for avoiding any duplication and overlapping in records112 the appropriate government may set up a toll free call centre or helpline or such facilitation centres as may be considered necessary from time to time to perform any or more of the following functions, namely:—5| ( | a | ) to disseminate information on available social security schemes for the ||------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| unorganised workers, gig workers and platform workers; | | || helpline, | | || facilitation | | || centre, etc, | | || for | | || unorganised | | || workers, gig | | || workers and | | || platform | | || workers | | || ( | b | ) to facilitate filing, processing and forwarding of application forms for || registration of unorganised workers, gig workers and platform workers; | | |(c) to assist unorganised workers, gig workers and platform workers to obtain registration; and10(d) to facilitate the enrolment of the registered unorganised workers, gig workersand platform workers in the social security schemes113 (1) every unorganised worker, gig worker or platform worker shall be required to be registered for the purposes of this chapter, subject to the fulfilment of the following conditions, namely:—15registration of unorganised workers, gig workers and platform workers(a) he has completed sixteen years of age or such age as may be prescribed by the central government;(b) he has submitted a self-declaration electronically or otherwise in such form and in such manner containing such information as may be prescribed by the central government20(2) every eligible unorganised worker, gig worker or platform worker referred to in sub-section (1) shall make an application for registration in such form along with such documents including aadhaar number as may be prescribed by the central government and such worker shall be assigned a distinguishable number to his application:25provided that the system of electronic registration maintained by the appropriate government shall also provide for self registration by any such worker in such manner as may be prescribed by the central government(3) a registered unorganised worker, gig worker or platform worker shall be eligible to avail the benefit of the concerned scheme framed under this chapter30(4) the central government, or as the case may be, the state government shall make such contribution in a scheme as may be specified thereinexplanation—for the purposes of this section, the term "aadhaar" shall have the same meaning as is assigned to it in section 142114 (1) the central government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform workers on matters relating to—schemes for gig workers and platform workers35(a) life and disability cover; (b) accident insurance; (c) health and maternity benefits; (d) old age protection; (e) crèche; and40(f) any other benefit as may be determined by the central government(2) every scheme formulated and notified under sub-section (1) may provide for—(a) the manner of administration of the scheme; (b) the agency or agencies for implementing the scheme; (c) the role of aggregators in the scheme;(d) the sources of funding of the scheme; and (e) any other matter as the central government may consider necessary for the efficient administration of the scheme (3) any scheme notified by the central government under sub-section (1), may be—5(a) wholly funded by the central government; or (b) partly funded by the central government and partly funded by the state government; or(c) wholly funded by the contributions of the aggregators; or10(d) partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the aggregators, as may be specified in the scheme formulated by the central government; or18 of 2013(e) funded from corporate social responsibility fund within the meaning of companies act, 2013; or15(f) any other source20(4) the contribution to be paid by the aggregators for the funding referred to in clause (ii) of sub-section (1) of section 141, shall be at such rate not exceeding two per cent, but not less than one per cent, as may be notified by the central government, of the annual turnover of every such aggregator who falls within a category of aggregators, as are specified in the seventh schedule:provided that the contribution by an aggregator shall not exceed five per cent of the amount paid or payable by an aggregator to gig workers and platform workersexplanation—for the purposes of this sub-section, the annual turnover of an aggregator shall not include any tax, levy and cess paid or payable to the central government25(5) the date of commencement of contribution from aggregator under this section shall be notified by the central government(6) the national social security board constituted under sub-section (1) of section 6 shall be the board for the purposes of the welfare of gig workers and platform workers under the provisions of this code:30provided that while such board serves the purposes of welfare of, or matters relating to, gig workers and platform workers, the following members shall constitute the board instead of the members specified in clauses (c) and (d) of sub-section (2) of section 6, namely:—35(a) five representatives of the aggregators as the central government may nominate;(b) five representatives of the gig workers and platform workers as the central government may nominate;(c) director general of the corporation; (d) central provident fund commissioner of the central board;40(e) such expert members as the central government may consider appropriate; (f) five representatives of the state governments by such rotation as the central government may consider appropriate;(g) joint secretary to the government of india in the ministry of labour and employment, who shall be the member secretary to the board(7) (i) the central government may provide that—(a) the authority to collect and to expend the proceeds of contribution collected; (b) the rate of interest to be paid by an aggregator in case of delayed payment,less payment or non-payment of contribution;(c) self-assessment of contribution by aggregators;5(d) conditions for cessation of a gig worker or a platform worker; and (e) any other matter relating to smooth functioning of the social security schemenotified under this section,shall be such as may be prescribed by that government10(ii) the central government may by notification, exempt such aggregator or class ofaggregators from paying of contribution under sub-section (4), subject to such conditions as may be specified in the notificationexplanation—for the purposes of this section, an aggregator having more than one business shall be treated as a separate business entity or aggregator15 chapter x finance and accountsaccounts115 each of the social security organisations shall maintain proper accounts of its income and expenditure in such form and in such manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specify20audit116 (1) the accounts of each of the social security organisations shall be audited annually by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the respective social security organisation to the comptroller and auditor-general of india25 30(2) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of a social security organisation shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general of india has, 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 to inspect any of the offices of the social security organisation35(3) the accounts of a social security organisation 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 to the social security organisation which shall along with its comments on the audit report of the comptroller and auditor-general of india forward the same to the appropriate governmentbudget estimates117 (1) each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before such date as may be fixed by it in that behalf40(2) the budget shall contain provisions adequate in the opinion of the appropriategovernment for the discharge of the liabilities incurred by the social security organisation and for the maintenance of a working balanceannual report45| 118 ||------------------------------------------------------------------------------------------|| government an annual report of its work and activities and the budget finally adopted by || the social security organisation |(2) the appropriate government shall cause a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor-general of india and the comments of the respective social security organisation thereon to be laid before each house of parliament or the state legislature, as the case may bevaluation of assets and liabilities5119 each of the fund maintained by a social security organisation or by anestablishment under this code shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate government, by such social security organisation or the establishment, as the case may be, in the following manner, namely:—(a) in case of central board, annually; (b) in case of corporation, once in every three years;10(c) in case of any other social security organisation or establishment, asspecified by the appropriate government, by order:provided that the appropriate government, if it considers necessary, may directsuch valuation to be made at such intervals other than provided in this sectionholding of property, etc15120 (1) a social security organisation except corporation may, subject to such conditions as may by social security organisation be prescribed by the appropriate government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said social security organisation is established20(2) subject to such conditions as may be prescribed by the appropriate government, a social security organisation may, from time to time invest any moneys vested in it, which are not immediately required for expenses properly defrayable and may, subject to as aforesaid, from time to time reinvest or realise such investments:25provided that in case of provident fund, pension fund or insurance fund, such investment, reinvestment or realisation shall be specified in the provident fund scheme or pension scheme or insurance scheme, as the case may be(3) each of the social security organisations by social security organisation may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, raise loans and take measures for discharging such loans30(4) each of the social security organisations, by social security organisation may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fit:35provided that in case of officers and staff of the central board, such terms shall be specified in the provident fund schemewriting off of losses121 subject to the conditions as may be prescribed by the appropriate government, where any of the social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under this code, is irrecoverable, the concerned social security organisation may sanction the writing off of the said amount in such manner as may be prescribed by the appropriate government:40provided that in the case of provident fund, pension fund or insurance fund, such writing off shall be specified in the provident fund scheme or pension scheme or insurance scheme, as the case may be chapter xi authorities, assessment, compliance and recovery45122 (1) the central government for the purposes of chapter iii and chapter iv and for the provisions in this code relating to those chapters, and the appropriate government for the purposes of other provisions of this code, may, by notification, appoint inspectorcum-facilitators who shall discharge his duties under this code and exercise the powers appointment of inspectorcum- facilitators and their powersconferred on them under sub-section (6) in accordance with the inspection scheme referred to in sub-section (2)5(2) the central government for the purposes of chapter iii and chapter iv and for theprovisions in this code relating to those chapters and the appropriate government in respect of other provisions of this code, may, by notification, lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under this code electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections andcalling for information from the establishment or any other person10(3) without prejudice to the provisions of sub-section (2), the central governmentfor the purposes of chapter iii and chapter iv and the other provisions in this code relating to those chapters and the appropriate government in relation to other provisions of this code, may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this code, to the inspector-cum-facilitators as may be specified in such notification15(4) without prejudice to the powers of the central government or the appropriate government, as the case may be, under this section, the inspection scheme may be designed taking into account, inter alia, the following factors, namely:—20(a) assignment of unique number to each establishment (which will be same asthe registration number allotted to that establishment), each inspector-cum-facilitator and each inspection in such manner as may be notified for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government;25(b) timely uploading of inspection reports in such manner and subject to suchconditions as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government;30(c) provisions for special inspections based on such parameters as may benotified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government; and35(d) the characteristics of employment relationships, the nature of work andcharacteristics of the workplaces based on such parameters as may be notified, for the purposes of chapter iii and chapter iv and the other provisions of this code relating to those chapters, by the central government, and in respect of other provisions of this code, by the appropriate government(5) the inspector-cum-facilitator may—(a) advice the employers and employees relating to compliance with the provisions of this code; and40(b) inspect the establishments as assigned to him under the provisions of this code, subject to the instructions or guidelines issued by the appropriate government from time to time45(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 an employee of the establishment;(b) require any person whom the inspector-cum-facilitator has reasonable cause to believe, is an employer of the establishment, to produce any document or to give any information, which is in his power with respect to any of the purposes for which the inspection is made;5(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;10(d) bring to the notice of the appropriate government defects or abuses not covered by any law for the time being in force; and(e) exercise such other powers as may be prescribed by the appropriate government1545 of 1860(7) any person required to produce any document or to give any information required by an inspector-cum-facilitator for the purposes of sub-section (6) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code2 of 197420(8) the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to the search or seizure for the purposes of sub-section (6), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said code123 an employer of an establishment shall—maintenance of records, registers, returns, etc25(a) maintain records and registers in the form prescribed by the appropriate government, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by the appropriate government including—(i) number of days for which work performed by employees; (ii) number of hours of work performed by the employees; (iii) wage paid;| ( | iv | ) leave, leave wages, wages for overtime work and attendance; ||---------|------|-----------------------------------------------------------------------|| 30 | | || ( | v | ) employees identification number, by whatever nomenclature it may be || called; | | |(vi) number of dangerous occurrences, accidents, injuries in respect of which compensation has been paid by the employer and the amount of such compensation relating to chapter iv and chapter vii, respectively;35(vii) statutory deductions made by employer from the wages of anemployee in respect of chapter iii and chapter iv;(viii) details as to cess paid in respect of building and other construction work;40(ix) total number of employees (regular, contractual or fixed term employment) on the day specified;(x) persons recruited during a particular period; (xi) occupational details of the employees; and (xii) vacancies for which suitable candidates were not available during the specified period45(b) display notices at the workplaces of the employees in such manner and form as may be prescribed by the appropriate government;(c) issue wage slips to the employees, in electronic forms or otherwise; and (d) file such return electronically or otherwise to such officer or authority in such manner and during such periods as may be prescribed by the appropriate government:5provided that matters to be provided under the rules required to be made under this section relating to chapter iii shall, instead of providing them in rules to be made by the central government, be provided in the provident fund scheme or the pension scheme or the insurance scheme, as the case may be:10provided further that the forms of records and registers and that of the returns to be filed under chapter iv shall be specified in the regulations instead of providing them in the rulesemployer not to reduce wages, etc15124 no employer in relation to an establishment to which this code or any scheme framed thereunder applies shall, by reason only of his liability for the payment of any contribution under this code, or any charges thereunder reduce whether directly or indirectly, the wages of any employee to whom the provisions of this code or any scheme framed thereunder applies or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or implied20125 (1) the central government may, by notification, authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group 'a' officer of that government, to function as the authorised officers for the purposes of chapter iii or chapter iv, as the case may be, who may, by order—assessment and determination of dues from employer(a) in a case where a dispute arises regarding the applicability of chapter iii or chapter iv, as the case may be, to an establishment, decide such dispute; and25(b) determine the amount due from any employer under any provision of chapter iii or chapter iv, as the case may be, or the schemes, or rules, regulations made under such chapter; and(c) for any of the purposes relating to clause (a) and clause (b), conduct such inquiry, as he may deem necessary for such purposes:30provided that no proceeding under this sub-section shall be initiated after the expiry of the period of five years from the date on which the dispute referred to in clause (a) is alleged to have been arisen or, as the case may be, the amount referred to in clause (b) is alleged to have been due from an employer5 of 190835(2) notwithstanding anything contained in the code of civil procedure, 1908, the inquiry under sub-section (1), as far as practicable, shall be held on day-to-day basis and endeavour shall be made to ensure that the inquiry is concluded within a period of two years:40provided that where the inquiry is not concluded within the said period of two years, the authorised officer conducting such inquiry shall record the circumstances and reasons for not having concluded so and submit the circumstances and reasons so recorded to the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer authorised by him in this behalf:45provided further that the central provident fund commissioner or the director general of the corporation, as the case may be, after considering the circumstances and the reasons which have been submitted by the authorised officer may grant an extension for a period up to one year to conclude the said inquiry:provided also that the inquiries which are pending immediately before the date of commencement of this code shall be concluded by the authorised officer within a period not exceeding two years from the date of such commencement5 of 1908(3) the authorised officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry have the same powers as are vested in a court under the code of civil procedure, 1908, for trying a suit in respect of the following matters, namely:—(a) enforcing the attendance of any person or examining him on oath;5(b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses,45 of 1860and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code10(4) no order shall be made under sub-section (1), unless the employer concerned is given a reasonable opportunity of representing his case15(5) where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so by the authorised officer conducting the inquiry, such inquiry officer may decide the applicability of the relevant provisions of this code or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record20 25(6) where an order under sub-section (1) is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the authorised officer for setting aside such order and if the authorised officer is satisfied that the show cause notice was not duly served or that such employer was prevented by any sufficient cause from appearing when the inquiry was held, the authorised officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry:provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the authorised officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the authorised officer30explanation—where an appeal has been preferred under this code against an order passed ex parte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the ex parte order35(7) no order passed under this section shall be set aside on any application under sub-section (6) unless notice thereof has been served on the opposite partyappeal against order of authorised officer relating to chapter iv40126 if an employer is not satisfied with the order referred to in section 125 and relates to chapter iv, he may prefer an appeal to the appellate authority not below the rank of the joint director of the corporation as may be provided by regulations, within sixty days from the date of such order after depositing twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the corporation:provided that the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal45provided further that if the employer finally succeeds in the appeal, the corporation shall refund such deposit to the employer together with such interest as may be specified in the regulationsinterest on amount due127 except where expressly provided otherwise in this code, the employer shall be liable to pay simple interest at such rate as may be notified from time to time by the central government, from the date on which any amount has become due under this code till the date of its actual payment5power to recover damages10 15128 where an employer makes default in the payment of any contribution which heis liable to pay in accordance with the provisions of chapter iii or chapter iv, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under chapter iii, or in the payment of any charges payable under any other provision of this code, the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears, in such manner as may be specified in the regulations for the purposes of chapter iv and in respect of provident fund scheme, pension scheme and insurance scheme, such levy and recovery shall be in the manner as may be specified in the respective schemes framed by the central government:provided that before levying and recovering such damages, the employer shall be given an opportunity of being heard:2031 of 2016provided further that the central board or the corporation as the case may be, may reduce or waive the damages levied under this section in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the insolvency and bankruptcy code, 2016 subject to the terms and conditions as may be specified by notification, by the central governmentrecovery of amount due25129 (1) any amount due from an employer or any other person in relation to anestablishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the manner specified in this section and sections 130 to 13230(2) where any amount is in arrear under this code, the authorised officer, or the competent authority, as the case may be, shall issue to the recovery officer referred to in sub-section (4), a certificate electronically or otherwise, specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below, namely:—35(a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, of the employer;(b) arrest of the employer and his detention in prison;(c) appointing a receiver for the management of the movable or immovable properties of the defaulter:40provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount or arrears specified in the certificate, the recovery officer may move such proceeding against the property of the employer for recovery of the whole or any part of such arrears45(3) the authorised officer or the competent authority, as the case may be, may issue a certificate under sub-section (2), notwithstanding that proceeding for recovery of the arrears by any other mode has been taken(4) the authorised officer or the competent authority, as the case may be, may forward the certificate issued under this section, to the recovery officer within whose jurisdiction the employer—5(a) carries on his business or profession or within whose jurisdiction the principal place of his establishment is situate; or(b) resides or any movable or immovable property of, the establishment or, the employer is situated (5) where an establishment or the employer has property within the jurisdiction of more than one recovery officer and the recovery officer to whom a certificate is sent by the authorised officer or the competent authority, as the case may be—10(a) is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction, or(b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do,1520he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified by him, specifying the amount to be recovered, to the recovery officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that recovery officer shall proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer or the competent authority, as the case may bevalidity of certificate and amendment thereof25130 (1) when the authorised officer or the competent authority, as the case may be, issues a certificate to a recovery officer under section 129, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officer(2) notwithstanding the issue of a certificate to a recovery officer, the authorised officer or the competent authority, as the case may be, shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the recovery officer30(3) the authorised officer or the competent authority, as the case may be, shall intimate to the recovery officer any orders of withdrawing or cancelling a certificate or any correction made by him in respect of the said certificate under sub-section (2)35(4) notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the authorised officer or the competent authority, as the case may be, may grant time to the employer for payment of the amount recoverable under the certificate and thereupon the recovery officer shall stay the proceedings until the expiry of the time so granted40(5) where a certificate for the recovery of amount has been issued, the authorised officer or the competent authority, as the case may be, shall keep the recovery officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate45(6) where the order giving rise to a demand of amount for which a certificate for recovery has been issued under section 129 has been modified in appeal or other proceeding under this code, resulting in reduction of the demand but the order is the subject matter of further proceeding under this code, the authorised officer or the competent authority, as the case may be, shall stay the recovery of such part of the5(7) where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this code, the authorised officer or the competent authority, as the case may be, shall, when the order being the subject matter of such appeal or other proceeding becomes final and conclusive, amend the certificate or withdraw it, as the case may be in consonance with such finality or conclusionother modes of recovery10131 (1) notwithstanding the issue of a certificate to the recovery officer under section 129, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf, may, recover the amount by any one or more of the modes provided in this section15(2) if any amount is due from any person to any employer who is in arrears, the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, require such person to deduct from the said amount the arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf:205 of 1908provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the code of civil procedure, 190825 30(3) (a) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or, as the case may be, the establishment, to pay to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer authorised by it in this behalf either forthwith upon the money becoming due or being held at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount35(b) a notice under this sub-section may be issued to any person who holds or maysubsequently hold any money for or on account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal40(c) a copy of the notice shall be forwarded to the employer at his last address knownto the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf and in the case of a joint account to all the joint holders at their last addresses so known45(d) save as otherwise provided in this sub-section, every person to whom a notice isissued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary50(e) any claim respecting any property in relation to which a notice under thissub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice510(f) where a person to whom a notice under this sub-section is sent objects to it by statement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer's liability for any sum due under this code, whichever is less(g) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice15 20(h) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid25(i) any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any sum due under this code, whichever is less30(j) if the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceeding may be moved against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 129 to 132 and the notice shall have the same effect as an attachment of amount in arrears by the recovery officer in exercise of his powers under section 12935(4) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due4045(5) the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation authorised by it in this behalf, if so authorised by the central government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the third schedule to the income-tax act, 1961application of certain provisions of income-tax act50132 the provisions of the second schedule and the third schedule to the incometax act, 1961 and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the amount in arrears of the amount mentioned in section 129 of this code instead of to the income tax:provided that any reference in the said provisions and the rules to the "assessees"shall be construed as a reference to an employer or establishment, as the case may be chapter xii offences and penalties 133 if any person,—5(a) being an employer, fails to pay any contribution which he is liable to payunder this code or rules, regulations or schemes made thereunder; orpenalty for failure to pay contributions, etc(b) deducts or attempts to deduct from the wages of an employee, the whole orany part of employer's contribution; or(c) in contravention of the provisions of this code, reduces the wages or any privilege or benefits admissible to an employee; or10(d) in contravention of the provisions of chapter iv or chapter vi or rules, regulations or schemes made or framed under this code respectively, relating to such chapters, dismisses, discharges, reduces in rank or otherwise penalises a woman employee; or15(e) fails or refuses to submit any return, report, statement or any other informationrequired under this code or any rules, regulations or schemes made or framed thereunder; or(f) obstructs any inspector-cum-facilitator or other officer or staff of the central board or the corporation or other social security organisation or a competent authority in the discharge of his duties; or20(g) fails to pay any amount of gratuity to which an employee is entitled under this code; or(h) fails to pay any amount of compensation to which an employee is entitled under this code; or25(i) fails to provide any maternity benefit to which a woman is entitled under thiscode; or(j) fails to send to a competent authority a statement which he is required to send under chapter vii; or30(k) fails to produce on demand by the inspector-cum-facilitator any register ordocument in his custody kept in pursuance of this code or the rules, regulations or schemes made or framed thereunder; or(l) fails to pay the cess for building workers which he is liable to pay under this code; or35(m) is guilty of any contravention of or non-compliance with any of the requirements of this code or the rules or the regulations or schemes made or framed thereunder in respect of which no special penalty is provided in this chapter; or(n) obstructs executive officer in exercising his functions under chapter xiii;or (o) dishonestly makes a false return, report, statement or information to be submitted thereunder; or40(p) fails or makes default in complying with any condition subject to whichexemption under section 143 was granted; or(q) fails to pay any administrative or inspection charges payable under any of the schemes framed under chapter iii, he shall be punishable,—(i) where he commits an offence under clause (a), with imprisonment for a term which may extend to three years, but—(a) which shall not be less than one year, in case of failure to pay the employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of one lakh rupees;5(b) which shall not be less than two months but may be extended to six months, in any other case and shall also be liable to fine of fifty thousand rupees:10provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term; (ii) where he commits an offence under clause (g), with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both;15(iii) where he commits an offence under any of the clauses (d), (f), (i), (k), (l), or(o), with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both;(iv) where he commits an offence under any of the clauses (b), (c), (e) (h), (j), (m),(n), (p) or (q), with fine which may extend to fifty thousand rupees20134 whoever, having been convicted by a court of an offence punishable under this code, commits the same offence shall, for second, or every subsequent such offence, be punishable with imprisonment for a term which may extend to two years and with fine of two lakh rupees:enhanced punishment in certain cases after previous conviction25provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to three years but which shall not be less than two years and shall also be liable to fine of three lakh rupeesoffences by companies30135 (1) where an offence under this chapter has been committed by a company, every person who, at the time the offence was committed, was directly 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:35provided 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 offence40(2) notwithstanding anything contained in sub-section (1), where an offence 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, secretary or other officer of the company, such director, 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,—(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 firm ||--------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------|| 45 | | || cognizance of | | || offences | | || 136 | ( | 1 || except on a complaint made by an aggrieved person or such officer as may be notified by | | || the central government for the purposes of offences relating to chapter iii and chapter iv | | |and the rules, regulations or schemes made or framed under this code relating to those chapters, and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed thereunder, by the officer notified by the appropriate government510(2) notwithstanding anything contained in sub-section (1), no prosecution underthis code shall be instituted, except by or with the previous sanction of the authority notified by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed thereunder, the authority notified by the appropriate government(3) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this chapter15(4) notwithstanding anything contained in sub-section (1), a single complaint maybe filed under that sub-section by more than one aggrieved persons if they are aggrieved by the same or similar offence committed at a place or different places within the jurisdiction of the court20prior opportunity before prosecution25 30| 137 | notwithstanding anything contained in this chapter, the inspector-cum-facilitator ||------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| or any other officer notified for the purposes of offences relating to chapter iii and chapter | || iv and the rules, regulations or schemes made or framed under this code relating to those | || chapters, by the central government; and for the purposes of offences relating to other | || provisions of this code and the rules, regulations or schemes made or framed under this | || code relating thereto, by the appropriate government, shall, before initiation of prosecution | || proceeding against an employer for any offence under this chapter, give an opportunity to | || the employer to comply with the aforesaid relevant provisions 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, then, no such proceeding shall be initiated against the | || employer; but no such opportunity shall be accorded to an employer, if the violation of the | || same nature of such provisions is repeated within a period of three 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 chapter | || compounding | || of offences | || 2 of 1974 | || 138 | ( || 1973, any offence committed for the first time, punishable under this chapter, being an | || offence— | |(i) punishable with fine only; or35(ii) punishable with imprisonment for a term which is not more than one yearand also with fine,40 45may, on an application made, either before or after the institution of any prosecution, be compounded by an officer authorised by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters, by the central government; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government, in such manner as may be prescribed by the central government on payment by the offender to the appropriate government the amount—(i) in the case of an offence punishable with fine only, the half of the maximumfine provided for that offence; and(ii) in the case of an offence punishable with imprisonment for a term which isnot more than one year and also with fine, the three-fourth of the maximum fine provided for that offence50(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 three years from the date—(i) of commission of a similar offence which was earlier compounded; or (ii) of commission of similar offence for which such person was earlier convicted510(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 central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under this code relating to those chapters; and for the purposes of offences relating to other provisions of this code and the rules, regulations or schemes made or framed under this code relating thereto, by the appropriate government(4) every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed by the appropriate government(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 compounded1520(6) where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the compounding of the offence being given to the court, the person against whom the offence is so compounded shall be discharged(7) any person who fails to comply with the order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine chapter xiii employment information and monitoring25reporting of vacancies to career centres30139 (1) the appropriate government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, shall report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition(2) for the purposes of sub-section (1), the appropriate government may prescribe the following, namely:—(i) the manner in which the vacancies, referred to in sub-section (1), shall be reported to the career centres electronically or otherwise;35(ii) the form in which such vacancies shall be reported to the career centres; and (iii) the manner and form of filing the return by the employer, to the concernedcareer centre40(3) nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reported45(4) the executive officer shall have access to any record or document in the possession of any employer required to furnish any information or returns for the purposes of this chapter and may enter, at any reasonable time, any premises where he believes such record or document to be and inspect or take copies of such records or documents or ask any question necessary for obtaining any information required140 (1) the provisions of section 139 shall not apply in relation to vacancies,—exclusions from application of this chapter(a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or(b) in any employment in domestic service; or5(c) in any employment connected with the staff of parliament or any statelegislature; or(d) in any employment the total duration of which is less than ninety days; or (e) in any class or category of establishments as may be notified by the centralgovernment; or10(f) in any establishment (other than government establishment) with less thantwenty or such number of employees as may be notified by the central government; and(g) in any other employment as may be notified by the central government(2) unless the central government, by notification direct, the provisions of this chapter shall not apply in relation to—15(a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as union public service commission, staff selection commission or a state public service commission or any other agencies as may be notified by the central government; or20(b) vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate government chapter xiv miscellaneous25social security fund141 (1) there shall be established by the central government a social security fundfor social security and welfare of the unorganised workers, gig workers and platform workers and the sources of the fund shall comprise of funding received—(i) under sub-section (3) of section 109;(ii) under sub-section (3) of section 114;30(iii) from the composition of the offences under this code relating to centralgovernment and from any other social security fund established under any other central labour law(2) a separate account shall be established and maintained for the funding mentioned under each of the clauses (i), (ii) and (iii)35(3) social security fund referred to in sub-section (1) shall be expended for thepurposes for which each separate account has been established and maintained under sub-section (2)(4) the social security fund shall be established and administered in the manner prescribed by the central government40(5) there shall be established by the state government a social security fund for thewelfare of the unorganised workers in which there shall be credited the amount received from—(i) the composition of offences under this code relating to the state government; and (ii) such other sources as may be prescribed by the state government, and the fund shall be administered and expended for the welfare of the unorganised workers in such manner as may be prescribed by the state governmentapplication of aadhaar5142 (1) an employee or unorganised worker or any other person, as the case may be,for—(a) registration as member or beneficiary; or (b) seeking benefit whether in kind, cash or medical sickness benefit or pension,gratuity or maternity benefit or any other benefit or for withdrawal of fund; or(c) availing services of career centre; or10(d) receiving any payment or medical attendance as insured person himself orfor his dependants,1518 of 2016under this code or rules, regulations or schemes made or framed thereunder, shall establish his identity or, as the case may be, the identity of his family members or dependants through aadhaar number and for such purpose the expression "aadhaar" shall have the meaning as defined in clause (a) of section 2 of the aadhaar (the targeted delivery of financial and other subsidies, benefits and services) act, 2016:18 of 201620provided that any foreigner employee shall obtain and submit aadhaar number for establishing his identity, as soon as possible, on becoming resident within the meaning of clause (v) of section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201618 of 2016(2) for the purposes of sub-section (1), the aadhaar number issued to an individual shall be in accordance with the provisions of section 3 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 201625power to exempt establishment30143 (1) notwithstanding anything contained in this code, the appropriate governmentmay, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption, as may be prescribed by the central government in this behalf, grant exemption to an establishment or class of establishments (including factory or other establishments under the control of central government or state government or local bodies) or employees or class of employees, from any or all of the provisions of this code or the scheme framed thereunder as may be specified in the notification and may renew for further period such exemption by like notification:provided that no such exemption,—35(i) in respect of provident fund scheme, pension scheme and insurance scheme,without prior consultation with the central board; and(ii) in respect of chapter iv, without prior consultation with the corporation, shall be granted or renewed and the central board or the corporation, as the case may be, shall on such consultation forward its view to the appropriate government within such time as may be prescribed by that government40(2) the appropriate government may, in the notification referred to in sub-section (1), specify therein conditions as may be prescribed by that government, which the exempted establishment or the class of establishment or an employee or class of employees, as the case may be, shall comply with after such exemption:45provided that for the purpose of grant of exemption in respect of provident fund scheme, pension scheme and insurance scheme, the terms and conditions of exemption shall be specified in such respective schemes(3) the exemption granted under sub-section (1) to an establishment or class of establishment or an employee or class of employees, as the case may be, shall be initially for a period of three years from the date of publication of such notification and may be extended by the appropriate government to the extent of such period as may be prescribed by the central government:5provided that for the purpose of grant of exemption in respect of provident fund scheme, pension scheme and insurance scheme, exemption may be extended for such period as may be specified in such respective schemes10(4) the exemption granted under sub-section (1) shall only be granted if the employees in the establishment or class of establishments or an employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of the code or the scheme framed thereunder15(5) for the purposes of administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, and any other matter specified in the scheme for any exempted establishment or class of establishment or employees or class of employees, a board of trustees shall be constituted by the employer which will be a legal entity which can sue and can be sued and the conditions for management of the trust shall be prescribed by the appropriate government as part of the conditions for exemption:20provided that conditions for administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, in respect of exemption from provident fund scheme, pension scheme and insurance scheme shall be specified in such respective schemes25(6) where an exemption is granted under this section from operation of any or all the provisions of the code or any of the scheme under chapter iii, to any establishment, class of establishment, employee or class of employees, the employer in relation to such establishment shall furnish such returns electronically in respect of persons employed, accounts maintained in respect of employees, investments made from the fund, provide facilities for inspection and pay such inspection charges as the central government may direct30(7) if employer in relation to any establishment or class of establishments or employee or class of employees in respect of whom the exemption has been granted under sub-section (1), fails to comply with any of the conditions specified under this section, then, the appropriate government may on such failure, cancel the exemption so granted35(8) where any exemption granted under sub-section (1) is cancelled, the entire amount of surplus and reserves, if any, and accumulations to the credit of every employee, to whom such exemption applied, in the exempted fund of the establishment in which he is employed, shall be transferred to the respective statutory fund created under this code within such time and manner as specified in the conditions for grant of exemption:40provided that in respect of any cancellation of exemption from the provident fundscheme, pension scheme and insurance scheme, the time limit, form and manner of transfer of accumulations of exempted employees from the exempted funds to such respective funds shall be specified in such respective schemes45 50(9) notwithstanding anything contained in this section, the employer of anestablishment exempted under sub-section (1), after the resolution of the board of trustees of the establishment to that effect may make an application to the appropriate government for surrender of the exemption granted under that sub-section from the date specified in the application and the appropriate government may on receipt of that application, allow the employer to remit the contribution in the statutory funds under this code from the date specified in the application and process the application for cancellation of exemption and on such cancellation, the employer and the board of trustees shall transfer accumulation ofeach employee and surplus and reserves from the fund referred to in sub-section (5), to the concerned statutory funds under this code within such time and in such manner as may be notified by the appropriate government:5provided that in respect of any surrender of exemption from the provident fund scheme, pension scheme and the insurance scheme, the time limit, form and manner of transfer of accumulation of exempted employees and surplus and reserves from the fund referred to in sub-section (5), to the concerned statutory funds under this code shall be such as may be specified in the concerned schemes framed under chapter iiipower to defer or reduce10144 notwithstanding anything contained in chapter iii or chapter iv, the centralgovernment may by order, defer or reduce employer's contribution, or employee's contribution, or both, payable under chapter iii or chapter iv, as the case may be, for a period up to three months at a time, in respect of establishment to which chapter iii or chapter iv, as the case may be, applies, for whole of india or part thereof in the event of pandemic, endemic or national disaster15liability in case of transfer of establishment145 where an employer transfers his establishment in whole or in part, by sale, gift,lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this code in respect of the periods up to the date of such transfer:20provided that the liability of the transferee shall be limited to the value of the assetsobtained by him by such transfer2545 of 1860the members, officers and staff to be public servants146 every member of a social security organisation and the officers and staff thereof, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under this code, shall be deemed to be a public servant within the meaning of section 21 of the indian penal code147 no suit, prosecution or other legal proceeding shall lie against —protection of action taken in good faith(i) the central government; (ii) a state government; (iii) a social security organisation;30(iv) a competent authority; (v) any officer or staff of a social security organisation; or(vi) any other person or authority,35discharging the functions or exercising the powers under this code, for anything which is in good faith done or intended to be done in pursuance of this code or of any rules, regulations or schemes made or framed thereundermisuse of benefits40148 if the appropriate government is satisfied in the manner prescribed by it that anyestablishment or any other person has misused any benefit provided to him under this code or rules, regulations or schemes made or framed thereunder, then, such government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification:provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be:provided further that the manner to ascertain misuse of any benefit under this section relating to chapter iii, shall be specified in the provident fund scheme or the pension scheme or the insurance scheme, as the case may be45149 the central government may give directions to—(i) any state government or a state board constituted under section 12 to execute in that state, of any of the provisions of this code; or5(ii) any of the social security organisations in respect of the matters relating to the implementation of the provisions of this codepower of central government to give directions to state government, and social security organisationspower to frame schemes150 the appropriate government may, subject to the condition of previous publication, frame schemes not inconsistent with this code, for the purposes of giving effect to the provisions thereof10protection against attachment, etc151 (1) notwithstanding anything contained in any other law for the time being in force, the amount standing to be credited in favour of the employee under chapters iii, iv, v, vi or vii of any member of any fund under this code, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be15 20(2) any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund maintained by his employer at the time of the death of such member or the exempted employee, as the case may be, and payable to his nominee or in case of failure of nomination, to his family under the scheme or the rules of the fund shall, subject to any deduction authorised by the said scheme or rules, as the case may be, vest in the nominee or such family and shall be free from any debt or other liability incurred by the deceased or the nominee before his death and shall also not be liable to attachment under any decree or order of any court2531 of 2016(3) notwithstanding anything contained in any other law for the time being in force, any amount due under the chapters referred to in sub-section (1) shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 2016power to amend schedule30152 (1) if the central government is satisfied that it is necessary or expedient so to do, it may, by notification amend the first schedule, fourth schedule, fifth schedule, sixth schedule and seventh schedule by way of addition or deletion therein and upon such addition or deletion, the schedules shall stand to have been amended accordingly35(2) if the appropriate government is satisfied that it is necessary or expedient so to do, it may, by notification amend the second schedule and third schedule by way of addition therein and not otherwise, and upon such addition, the schedules shall stand to have been amended accordinglytransitional provisions153 notwithstanding anything contained in this code, the following organisations constituted or established under the enactments repealed under section 164, namely:—19 of 1952(i) the central board constituted under section 5a of the employees' providentfunds and miscellaneous provisions act, 1952;4019 of 1952(ii) executive committee constituted under section 5aa of the employees'provident funds and miscellaneous provisions act, 1952;34 of 1952(iii) the corporation established under section 3 of the employees' stateinsurance act, 1948;4534 of 1948(iv) the medical benefit council constituted under section 10 of the employees'state insurance act, 1948;34 of 1948(v) the standing committee of the corporation constituted under section 8 ofthe employees' state insurance act, 1948; and27 of 1996(vi) the board constituted under sub-section (1) of section 18 of the building and other construction workers (regulation of employment and condition of service) act, 1996,510shall, after the commencement of this code, continue to exercise the powers and discharge the functions of the corresponding organisations under this code, respectively, the central board of trustees for employees provident fund constituted under section 4, the executive committee constituted under sub-section (3) of section 4, the employees state insurance corporation, constituted under section 5, the medical benefit committee constituted under sub-section (5) of section 5, the standing committee constituted under sub-section (3) of section 5, building workers' welfare board constituted under sub-section (1) of section 7, as if such organisations constituted or, as the case may be, established under such repealed enactments, had been constituted under the respective provisions of this code, till such corresponding organisations are constituted under this code or till their respective time period under the repealed enactments expire, whichever is earlier15154 (1) the appropriate government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code for the purpose of giving effect to the provisions thereofpower 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:—20(a) the amount in connection with premium for group insurance scheme of thebeneficiaries under clause (c), the educational schemes for the benefit of children ofthe beneficiaries under clause (d) and the medical expenses for treatment of majorailments of a beneficiary or, such dependant under clause (e) of sub-section (6) ofsection 7;25(b) manner and time within which second appeal may be filed to the employees'insurance court by the insured person or the corporation under clause (b) of sub-section (7) of section 37;(c) the manner of commencement of proceedings before the employees insurancecourt, fees and procedure thereof under sub-section (1) of section 51;30(d) bank or other financial institution in which the gratuity shall be invested forthe benefit of minor under the third proviso to sub-section (1) of section 53;(e) the time, form and manner of nomination by an employee under sub-section (1), the time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5) and the form for fresh nomination under sub-section (6) of section 55;35(f) time within which and the form in which a written application shall be made under sub-section (1) and the form of application to the competent authority under clause (b) of sub-section (5) of section 56;40(g) the manner of registration of an establishment by the employer registered under sub-section (3) and the manner of composition of the board of trustees of the approved gratuity fund and the manner in which the manner of competent authority may recover the amount of the gratuity payable to an employee from the insurer under sub-section (4) of section 57;45(h) the qualifications and experience of the officer appointed as the competent authority under sub-section (1) of section 58;(i) authority to whom an appeal may be preferred under sub-section (3) of section 72;(j) class of employers and the form of notice-book under sub-section (4) of section 82;50(k) the manner of recording the memorandum in a register by the competnet authority under sub-section (1) of section 89;(l) such other experience and qualifications for appointment as a competentauthority under sub-section (1) of section 91;(m) time limit to pay the amount of cess under section 101; (n) fees for appeal under sub-section (2) of section 105;5(o) conditions to acquire, hold, sell or otherwise transfer any movable orimmovable property under sub-section (1) conditions to invest moneys, re-invest orrealise investments under sub-section (2) terms to raise loans and take measures fordischarging such loans under sub-section (3) and terms to constitute for the benefitof officers and staff or any class of them, provident or other benefit funds under subsection (4) of section 120;10(p) conditions and manner of writing off irrecoverable dues under section 121; (q) other powers of inspector-cum-facilitator under clause (e) of sub-section (6)of section 122;15(r) form and manner for maintenance of records and registers and other particularsand details under clause (a), manner and form for display of notices at the work placesof the employees under clause (b) and the manner and period of filing returns to the officers or authority under clause (d) of section 123;(s) the form and manner of application for compounding of an offence undersub-section (4) of section 138;20(t) the manner and form for reporting vacancies and form for filing the return bythe employer, to the concerned career centre under sub-section (2) of section 139;25(u) the time within which the central board or the corporation, as the case maybe, shall forward its view to the appropriate government under sub-section (1), conditions which the exempted establishment or the class of establishment or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-section (2) and conditions for management of the trust under sub-section (5) of section 143;(v) manner of determining the misuse of any benefit by an establishment or byany other person under section 148; and30(w) any other matter which is required to be, or may be, prescribed by theappropriate government under the provisions of this code155 (1) the central government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereofpower of central government to make rules35(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:—40(a) the manner, and the conditions subject to which, the provisions of chapteriii shall be made inapplicable to an establishment by the central provident fund commissioner, under sub-section (5) and the manner, and the conditions subject to which the provisions of that chapter iv shall be made inapplicable to an establishment by the director general of the corporation under sub-section (7) of section 1;45(b) manner of establishment and maintenance of career centre and the careerservices under clause (9), the income of dependent parents (including father-in-law and mother-in-law of a woman employee), under sub-clause (e) of clause (33) and other authority who shall be deemed to be the occupier under sub-clause (c) and the matters which are directly related to the condition of ship, for which the owner of ship shall be deemed to be the occupier under the proviso to the said sub-clause (c), ofclause (53) of section 2;50(c) the time and manner of registration of establishment, the manner of makingapplication for cancellation of the registration, the conditions subject to which theregistration shall be cancelled and the procedure of cancellation and other matters relating thereto in respect of an establishment to which chapter iii or chapter iv applies, and whose business activities are in the process of closure, under section 3;5(d) the manner of administration of the funds vested in the central board under sub-section (1), the manner to assist the central board in performance of its functions by executive committee under sub-section (3), the terms and conditions, including tenure of office of members of the central board and executive committee under sub-section (6) and the other functions and the manner of performing such functions under sub-section (7) of section 4;1015(e) the manner of administration of the corporation and the manner of representation of states under clause (d) of sub-section (1), the manner of constitution of standing committee under sub-section (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of functions by the standing committee under clause (a) of sub-section (4), the duties and powers of medical benefit committee under clause (b) of sub-section (5) and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-section (7)of section 5;20(f) the manner of exercising the powers and performance of the functions by the national social security board under sub-section (1), the manner of nomination of members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-section (4)and time, place and rules of procedure relating to the transaction of business under sub-section (6) of section 6;25(g) other welfare measures and facilities under clause (j) of sub-section (6) of section 7;(h) the intervals at which social security organisation or any committee thereof shall meet and the procedure in regard to the transaction of business at meetings under sub-section (1), and the fee and allowances of members of such social security organisation or committee under sub-section (4) of section 9;30 35(i) manner of re-constitution of the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any of the committees under sub-section (1) and the alternate arrangements for the purpose of administration of the relevant provisions of this code under sub-section (2) of section 11;(j) the manner of maintenance of a provident fund account in relation to the establishment under sub-section (1) of section 21;(k) the form, manner, time limits and fees for filing of appeal under sub-section (2)of section 23;40(l) salary and allowances of the director general or the financial commissioner under sub-section (3), their powers and duties under sub-section (4) and maximum monthly salary limit under the proviso to sub-section (7) of section 24;(m) the manner of investment of employees' state insurance fund or any other money which is held by corporation under sub-section (4) of section 25;45(n) limits for defraying of expenditure under clause (k) of section 26;(o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys by the corporation under sub-section (2) and the terms to raise loans and taking measures for discharging such loans under sub-section (3) of section 27;(p) manner of insurance of employees under sub-section (1) of section 28; (q ) the rate of contributions under sub-section (2) of section 29; (r) the type of administrative expenses and percentage of income which may be spent on expenses and the limits for such expenses under section 30;5(s) the limit for the amount of payment under the proviso to clause (f) of sub-section (1), and the qualifications to claim benefits, conditions, rate and period thereof under sub-section (3) of section 32;(t) the limits within which the corporation may incur expenditure from the employees' state insurance fund under section 33;10(u) the manner and time within which the insured person or the corporation may file appeal under clause (a) of sub-section (7) of section 37;(v) the rates, periods and conditions for payment of dependants' benefit under sub-section (1) and to other dependants under sub-section (2), of section 38;15(w) the qualification of an insured person and his family to claim medical benefit and the conditions subject to which such benefit may be given and the scale and period thereof, under sub-section (3) of section 39, and the payment of contribution and other conditions under the third proviso thereof;(x) the structure, functions, powers and activities of the organisation for providing certain benefits to employees in case of sickness, maternity and employment injury, under sub-section (6) of section 40;20(y) extended period for insurance, the manner of satisfaction and the manner of calculation of capitalised value of benefit payable to the employee under sub-section (1)of section 42;25(z) terms and conditions subject to which the scheme may be operated under section 44;30(za) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-section (1) and conditions to exempt and manner of establishing an approved gratuity fund under sub-section (2) and the time to get establishment registered by the employer under sub-section (3) of section 57;(zb) the form of notice under sub-section (1) and the proof of pregnancy and proof of delivery under sub-section (5) of section 62;35(zc) the proof of miscarriage or medical termination of pregnancy under sub-section (1), the proof of tubectomy operation under sub-section (2) and the proof of illness under sub-section (3) of section 65;(zd) the duration of breaks under section 66; (ze) the number of employees and distance for crèche facility under sub-section (1)of section 67;(zf) gross misconduct under the second proviso to sub-section (1) of section 68;40(zg) rate of interest to be paid by the employer under clause (a) of sub-section (3) ofsection 77;(zh) the manner of notice under sub-section (1) and the manner of transmitting money under sub-section (3) of section 92;(zi) the form, manner and fee for application for claim or settlement under sub-section (3) of section 93;45(zj) the manner and time of collection of cess under sub-section (2), manner of deposit of the cess so collected under sub-section (3), and the uniform rate or rates of advance cess under sub-section (4) of section 100;(zk) the rate of interest in case of delayed payment of cess under section 101; (zl) the manner of self-assessment of cess under sub-section (1) of section 103;(zm) the authority to inquire and impose penalty under section 104; (zn) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-section (1) of section 105;5(zo) manner of registration as beneficiary under section 106; (zp) benefits of a beneficiary under sub-section (2) of section 107;10(zq) eligible age for registration under clause (a) and form, manner of information under clause (b) of sub-section (1), and the form of application and documents for registration and the manner of self registration sub-section (2) of section 113;(zr) carrying out the matters specified in clause (i) of sub-section (7) of section114;(zs) manner of compounding of offences under sub-section (1) of section 138; (zt) the manner of establishment and administration of the social security fund under sub-section (4) of section 141;15(zu) eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption under sub-section (1); and extension period of exemption under sub-section (3) of section 143; and20(zv) any other matter which is required to be, or may be prescribed by the central government under the provisions of this codepower of state government to make rules156 (1) the state government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this code, for the purpose of giving effect to the provisions thereof25(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:—30(a) the manner of exercising the powers and performance of functions by state unorganised workers' board under sub-section (9), the manner of nomination of members of the board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the board under sub-section (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-section (14) of section 6;35(b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board and the manner of filling of casual vacancies of such members, under sub-section (4), the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the said board under clause (c) of sub-section (5) of section 7;(c) procedure to be followed by the employees' insurance court under sub-section (2) and the rules under sub-section (3) of section 50;40(d) the amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub-section (7) of section 76;(e) conditions when application for review is made without certificate of a medical practitioner under sub-section (1) of section 79;45(f) the frequent interval for medical examination under the proviso tosub-section (1) of section 84;(g) the form of statement to be submitted by the employer under sub-section (1)of section 88;5(h) manner in which of matters be dealt by or before a competent authority mayunder sub-section (1) of section 92;(i) time-limit for disposal of application and costs incidental to the proceedingsunder sub-section (4) of section 93;(j) the manner of authentication of memorandum under section 97;10(k) such other sources of funding and the manner of administering andexpending of the fund under sub-section (5) of section 141; and(l) any other matter which is required to be, or may be, prescribed by the stategovernment under the provisions of this code15power of corporation to make regulations157 (1) the corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this code and the rules and schemes made or framed thereunder, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter iv and the provisions of this code relating to that chapter:20(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 cases and matters to be submitted for the decision of the corporationunder clause (b) of sub-section (4) and the composition of committees undersub-section (6) of section 5;25(b) the areas in respect of which the corporation may appoint regional boardsand local committees and the manner in which such boards and committees shall perform the functions and exercise the powers under sub-section (2) of section 12;30(c) such other functions of the director general and the financial commissionerunder sub-section (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under clause (a) ofsub-section (8) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-section (9) of section 24;(d) the unit in respect of which all contribution shall be payable undersub-section (3), and the days on which the contributions shall fall due undersub-section (4) of section 29;35(e) maintenance of register of employees by or through the contractor undersub-section (7), and any matter relating or incidental to the payment and collection ofcontribution under sub-section (9) of section 31;40(f) qualifications and experience of other person to certify sickness under clause(a), authority to certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause (c) of sub-section (1), the conditions for extensionof medical benefits under sub-section (2) and any matter relating or incidental to theaccrual and payment of benefits under sub-section (4) of section 32;(g) continuous period in which the employee contracts occupational disease under sub-section (1) of section 36;(h) constitution of medical board under sub-section (1) and constitution of medical appeal tribunal under sub-section (5) of section 37;510(i) the period and the nature of medical benefit which may be allowed to a person under the first proviso, conditions for voluntary retirement scheme under the second proviso, payment of contribution and other conditions for eligibility to receive medical benefits under the second proviso and the conditions for grant of medical benefits to the insured person during employment injury under the fourth proviso, to sub-section (3), the time for which students of medical education institutions shall serve the corporation and the manner in which the bond shall be furnished under clause (b) of sub-section (4) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of insured persons under sub-section (6) of section 39;15(j) other authority for providing permission to leave the area in which medical treatment provided under clause (c) of sub-section (3), form of nomination under sub-section (6) and the authority to determine benefits under sub-section (9) of section 41;20(k) user charges to be paid by other beneficiaries for medical facilities under clause (c) of the explanation to section 44;(l) time within which the claims, recovery or contribution, from employer by the corporation and recovery of contribution by the employer from the contractor, shall be made under the second proviso to sub-section (1) of section 51;25(m) the forms of records and registers and of returns to be filed under the second proviso to clause (d) of section 123;(n) the appellate authority not below the rank of the joint director of the corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the corporation under section 12630(o) manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under section 128;(p) the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and35(q) any matter in respect of which regulations are required or permitted to be made by this code 158 the power to make rules, regulations and schemes under this code (except the schemes to be framed under chapter iii), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:—prior publication of rules, regulations, etc40(a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rules, regulations and schemes is published for general information in the official gazette;(b) such rules, regulations and schemes shall finally be published in the official gazette and, on such publication, shall have effect as if enacted in this code:45provided that the central government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section5rules to give effect to arrangements with other countries for the transfer of money paid as compensation159 (1) the central government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any state of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any state:10provided that no sum deposited under chapter vii in respect of fatal accidents shall be so transferred without the consent of the employer concerned after the competent authority receiving the sum has passed orders determining its distribution and apportionment under section 8115(2) where money deposited with a competent authority has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this code regarding distribution by the competent authority of compensation deposited with him shall cease to apply in respect of any such moneylaying of rules, regulations and schemes, etc2025160 (1) every rule, regulation, notification and scheme made or framed by the central government or the corporation, as the case may be, under this code shall be laid, as soon as may be after it is made or framed, 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, notification or scheme, as the case may be, or both houses agree that the rule, regulation, notification or scheme, as the case may be, should not be made, such rule, regulation, notification or scheme 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, notification or scheme, as the case may be30(2) every rule and scheme made or framed, and every notification issued by, the state government under this code, shall be laid as soon as may be after it is made or framed, before the state legislatures, where it consists of two houses, or where such legislature consists of one house, before that house35161 (1) the provisions of this code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this code:effect of laws and agreements inconsistent with this code40provided that where under any such award, agreement, contract of service or otherwise, a person is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this code, the person shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this code(2) nothing contained in this code shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this code45delegation of powers50162 the appropriate government may, by notification, direct that all or any of thepowers and functions which may be exercised or performed by that government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the central board, the corporation, the national social security board, the state unorganised workers board, building workers welfare board or any officer or authority subordinate to the central board, the corporation, the national social security board, the state unorganised workers' board, building workers' welfare boardpower to remove difficulties163 (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 be necessary or expedient for removing the difficulty:5provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this code(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament164 (1) the following enactments are hereby repealed, namely:—repeal and savings8 of 1923101 the employee's compensation act, 1923;34 of 19482 the employees' state insurance act, 1948; 3 the employees' provident funds and miscellaneous provisions act, 1952;19 of 19524 the employment exchanges (compulsory notification of vacancies) act, 1959;31 of 19595 the maternity benefit act, 1961;53 of 19616 the payment of gratuity act, 1972;1539 of 19727 the cine-workers welfare fund act, 1981;33 of 19818 the building and other construction workers' welfare cess act, 1996;28 of 19969 the unorganised workers social security act, 200833 of 2008(2) notwithstanding such repeal,—2025 30(a) anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the states), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate government;3519 of 1952 34 of 1948(b) the employees' provident funds scheme, 1952, the employees, deposit linked insurance scheme, 1976 the employees' pension scheme, 1995 and the employees' provident funds appellate tribunal procedure rules, 1997 framed or made under the employees' provident funds and miscellaneous provisions act, 1952 and the rules, regulations and schemes made or framed under the employees' state insurance act, 1948, shall remain in force, to the extent they are not inconsistent with the provisions of this code for a period of one year from the date of commencement of this code;40(c) any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it ceases to be in operation under the provisions of this code or till any direction is made thereunder for such purpose10 of 1897(3) without prejudice to the provisions of sub-section (2), the provisions of section 6 of the general clauses act, 1897 shall apply to the repeal of such enactments45 the first schedule[see sections 1(4), (8) and 152 (1)] applicability| chapter | chapter heading | applicability ||-----------------------------------------------------------|-----------------------------------------|-------------------------------------------------------|| no | | || (1) | (2) | (3) || iii | employee's provident fund | every establishment in which twenty or more || employees are employed | | || iv | employee's state insurance | every establishment in which ten or more persons are || corporation | employed other than a seasonal factory: | || provided that chapter iv shall also be applicable | | || to an establishment, which carries on such hazardous | | || or life threatening occupation as notified by the central | | || government, in which even a single employee is | | || employed: | | || provided further that an employer of a plantation, | | || may opt the application of chapter iv in respect of the | | || plantation by giving willingness to the corporation, | | || where the benefits available to the employees under | | || that chapter are better than what the employer is | | || providing to them: | | || provided also that the contribution from the | | || employers and employees of an establishment shall be | | || payable under section 29 on and from the date on which | | || any benefits under chapter iv relating to the employees | | || state insurance corporation are provided by the | | || corporation to the employees of the establishment and | | || such date shall be notified by the central government | | || v | gratuity | ( || railway company; and | | || ( | b | ) every shop or establishment in which ten or more || employees are employed, or were employed, on any | | || day of the preceding twelve months; and such shops | | || or establishments as may be notified by the appropriate | | || government from time to time | | || vi | maternity benefit | ( || plantation including any such establishment belonging | | || to government; and | | || ( | b | ) to every shop or establishment in which ten or more || employees are employed, or were employed, on any | | || day of the preceding twelve months; and such other | | || shops or establishments notified by the appropriate | | || government | | || vii | employee's compensation | subject to the provisions of the second schedule, it || applies to the employers and employees to whom | | || chapter iv does not apply | | || (1) | (2) | (3) ||----------------------------|-----------------------------|--------------------------------------------------------|| viii | social security and cess in | every establishment which falls under the building and || respect of building and | other construction work | || other construction workers | | || ix | social security for | unorganised sector, unorganised workers, gig worker, || unorganised workers | platform worker | || xiii | employment information | career centres, vacancies, persons seeking services of |and monitoringcareer centres and employers[see sections 2(26), 74 (3) and (5), 132 and 152 (2)] list of persons who are employees within the meaning of the third proviso to clause (26) of section 2the following persons are employees within the meaning of second proviso to clause(26) of section 2 and subject to the said proviso, any person who is—(i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or(ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises; or explanation—for the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or(iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or(v) employed, in any mine as defined in clause (j) of section 2 of the mines act,1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or(vi) employed as the master or as a seaman of—(a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or(b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of—(a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the ports act, 1908 (15 of 1908), or the major port trusts act, 1963 (38 of 1963), of goods which have been discharged from or are to be loaded into any vessel; or(b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or(e) the docking or undocking of any vessel during an emergency; or(f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or(g) any work on jolly-boats for bringing a ship's line to the wharf; or(viii) employed in the construction, maintenance, repair or demolition of—(a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or(b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or(c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or(x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or(xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the railways act, 1989 (24 of 1989), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or(xiii) employed as an inspector, mail guard, sorter or van peon in the railway mail service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the indian posts and telegraphs department; or(xiv) employed, in connection with operation for winning natural petroleum or natural gas; or(xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or(xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or(xix) employed, in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or(xx) employed in a lighthouse as defined in clause (d) of section 2 of the indian lighthouse act, 1927 (17 of 1927); or(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or(xxii) employed in the training, keeping or working of elephants or wild animals; or(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or(xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,—(a) any warehouse or other place in which goods are stored; or (b) any market; or(xxvii) employed in any occupation involving the handling and manipulation of radium or x-rays apparatus, or contact with radioactive substances; or(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the indian aircraft act, 1934 (22 of 1934); or(xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or(xxx) employed, in the construction, working, repair or maintenance of a tubewell; or(xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or(xxxii) employed in a circus; or (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or(xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or(xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or(xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or(xliv) employed in spraying and dusting or insecticides of pesticides in agricultural operations or plantations; or(xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 366 metres or more from the ground level; or(xlviii) employed in any newspaper establishment as defined in the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (45 of 1955) and engaged in outdoor work; or(xlix) employed as sales promotion employee; or (xlx) any other employee or class of employee employed in an establishment or class of establishment to which the employees' compensation act, 1923 (8 of 1923) was applicable in any state immediately before the commencement of this code[see sections 2 (51), 36(1), 74 (1), (3) and (5), 131(5), 132 and 152(2)] list of occupational diseases| serial no | occupational disease | employment ||--------------|------------------------|--------------|| (1) | (2) | (3) | part a| 1 | infectious and parasitic diseases | ( | a ||----------------------------------------------|--------------------------------------|---------------------------------------------|---------------------------------------------|| contracted in an occupation where | laboratory work; | | || there is a particular risk of | ( | b | ) all work involving exposure to veterinary || contamination | work; | | || ( | c | ) work relating to handling animals, animal | || carcasses, part of such carcasses, or | | | || merchandise which may have been | | | || contaminated by animals or animal carcasses; | | | || ( | d | ) other work carrying a particular risk of | || contamination | | | || 2 | diseases caused by work in | all work involving exposure to the risk | || compressed air | concerned | | || 3 | diseases caused by lead or its toxic | all work involving exposure to the risk | || compounds | concerned | | || 4 | poisoning by nitrous fumes | all work involving exposure to the risk | || concerned | | | || 5 | poisoning by organo phosphorus | all work involving exposure to the risk | || compounds | concerned | | | part b| 1 | diseases caused by phosphorus or | all work involving exposure to the risk ||-----------------------------------------|-----------------------------------------------|----------------------------------------------|| its toxic compounds | concerned | || 2 | diseases caused by mercury or | all work involving exposure to the risk || its toxic compounds | concerned | || 3 | diseases caused by benzene or its | all work involving exposure to the risk || toxic homologues | concerned | || 4 | diseases caused by nitro and amido | all work involving exposure to the risk || toxic derivatives of benzene or its | concerned | || homologues | | || 5 | diseases caused by chromium or its | all work involving exposure to the risk || toxic compounds | concerned | || 6 | diseases caused by arsenic or its | all work involving exposure to the risk || toxic compounds | concerned | || 7 | diseases caused by radioactive | all work involving exposure to the action of || substances and ionising radiations | radioactive substances or ionising radiations | || 8 | primary epitheliomatous cancer of | all work involving exposure to the risk || the skin caused by tar, pitch, bitumen, | concerned | || mineral oil, anthracene, or the | | || compounds, products or residues | | || of these substances | | || (1) | (2) | (3) ||--------------------------------------|--------------------------------------------------------------------------------|-----------------------------------------|| 9 | diseases caused by the toxic halogen all work involving exposure to the risk | || derivatives of hydrocarbons (of the | concerned | || aliphatic and aromatic series) | | || 10 | diseases caused by carbon | all work involving exposure to the risk || disulphide | concerned | || 11 | occupational cataract due to infra-red all work involving exposure to the risk | || radiations | concerned | || 12 | diseases caused by manganese or its all work involving exposure to the risk | || toxic compounds | concerned | || 13 | skin diseases caused by physical, | all work involving exposure to the risk || chemical or biological agents not | concerned | || included in other items | | || 14 | hearing impairment caused by noise | all work involving exposure to the risk || concerned | | || 15 | poisoning by dinitrophenol or a | all work involving exposure to the risk || homologue or by substituted | concerned | || dinitro-phenol or by the salts | | || of such substances | | || 16 | diseases caused by beryllium or its | all work involving exposure to the risk || toxic compounds | concerned | || 17 | diseases caused by cadmium or its | all work involving exposure to the risk || toxic compounds | concerned | || 18 | occupational asthma caused by | all work involving exposure to the risk || recognised sensitising agents | concerned | || inherent to the work process | | || 19 | diseases caused by fluorine or its | all work involving exposure to the risk || toxic compounds | concerned | || 20 | diseases caused by nitroglycerin or | all work involving exposure to the risk || other nitroacid esters | concerned | || 21 | diseases caused by alcohols and | all work involving exposure to the risk || ketones | concerned | || 22 | diseases caused by asphyxiants, | all work involving exposure to the risk || carbon monoxide and its toxic | concerned | || derivatives, hydrogen sulphide | | || 23 | lung cancer and mesotheliomas | all work involving exposure to the risk || caused by asbestos | concerned | || 24 | primary neoplasm of the epithelial | all work involving exposure to the risk || lining of the urinary bladder or the | concerned | || kidney or the ureter | | || 25 | snow blindness in snow bound areas all work involving exposure to the risk | || concerned | | || 26 | diseases due to effect of heat in | all work involving exposure to the risk || extreme hot climate | concerned | || 27 | diseases due to effect of cold in | all work involving exposure to the risk || extreme cold climate | concerned | || (1) | (2) | (3) | (1) | (2) | (3) ||-------|-------|-------|-------|-------|-------| part c| 1 | pneumoconioses caused by | all work involving exposure to the risk ||--------------------------------------|-----------------------------------------|-------------------------------------------|| sclerogenic mineral dust (silicoses, | concerned | || anthraoosilicosis, asbestosis) and | | || silico-tuberculosis provided that | | || silicosis is an essential factor in | | || causing the resultant incapacity | | || or death | | || 2 | bagassosis | all work involving exposure to the risk || concerned | | || 3 | bronchopulmonary diseases caused | all work involving exposure to the risk || by cotton, flax hemp and sisal | concerned | || dust (byssionsis) | | || 4 | extrinsic allergic alveelitis caused by | all work involving exposure to the risk || the inhalation of organic dusts | concerned | || 5 | bronchopulmonary diseases caused | all work involving exposure to the risk || by hard metals | concerned | || 6 | acute pulmonary oedema of high | all work involving exposure to the risk || altitude | concerned | | the fourth schedule[see sections 2(55), (56), 76(1) and 152(1)] part ilist of injuries deemed to result in permanenttotal disablementserialdescription of injurypercentage ofnoloss of earningcapacity(1)(2)(3)1loss of both hands or amputation at higher sites1002loss of a hand and a foot1003double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot1004loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential1005very severe facial disfigurement1006absolute deafness100part iilist of injuries deemed to result in permanentpartial disablementserialdescription of injurypercentage ofnoloss of earningcapacity(1)(2)(3)1amputation through shoulder joint902amputation below shoulder with stump less than [2032 cms] from tip of acromion803amputation form [2032 cms] from tip of acromion to less than [1143 cms] below tip of olecranon704loss of a hand or of the thumb and four fingers of one hand or amputation from [1143 cms] below tip of olecranon605loss of thumb306loss of thumb and its metacarpal bone407loss of four fingers of one hand508loss of three fingers of one hand309loss of two fingers of one hand2010loss of terminal phalanx of thumb2011guillotine amputation of tip of thumb without loss of bone10| (1) | (2) | (3) ||----------------------------------------------------------|----------------------------------------------------------------------|-------|| amputation cases-lower limbs | | || 12 | amputation of both feet resulting in end bearing stumps | 90 || 13 | amputation through both feet proximal to the | 80 || metatarsophalangeal joint | | || 14 | loss of all toes of both feet through the metatarso-phalangeal joint | 40 || 15 | loss of all toes of both feet proximal to the proximal | 30 || inter-phalangeal joint | | || 16 | loss of all toes of both feet distal to the proximal | 20 || inter-phalangeal joint | | || 17 | amputation at hip | 90 || 18 | amputation below hip with stump not exceeding [1270 cms] | 80 || in length measured from tip of great trenchanter | | || 19 | amputation below hip with stump exceeding [1270 cms] | 70 || in length measured from tip of great trenchanter but not | | || beyond middle thigh | | || 20 | amputation below middle thigh to [889 cms] below knee | 60 || 21 | amputation below knee with stump exceeding [889 cms] | || but not exceeding [1270 cms] | 50 | || 22 | amputation below knee with stump exceeding [1270 cms] | 50 || 23 | amputation of one foot resulting in end bearing | 50 || 24 | amputation through one foot proximal to the | 50 || metatarso-phalangeal joint | | || 25 | loss of all toes of one foot through the metatarso-phalangeal joint | 20 || other injuries | | || 26 | loss of one eye, without complications, the other being normal | 40 || 27 | loss of vision of one eye, without complications or disfigurement | || of eye-ball, the other being normal | 30 | || 28 | loss of partial vision of one eye | 10 || loss of— | | || a-fingers of right or left hand | | || index finger | | || 29 | whole | 14 || 30 | two phalanges | 11 || 31 | one phalanx | 9 || 32 | guillotine amputation of tip without loss of bone | 5 || middle finger | | || 33 | whole | 12 || 34 | two phalanges | 9 || 35 | one phalanx | 7 || 36 | guillotine amputation of tip without loss of bone | 4 || (1) | (2) | (3) ||---------------------------------------------|---------------------------------------------------|-------|| ring or little finger | | || 37 | whole | 7 || 38 | two phalanges | 6 || 39 | one phalanx | 5 || 40 | guillotine amputation of tip without loss of bone | 2 || b-toes of right or left foot | | || great toe | | || 41 | through metatarso-phalangeal joint | 14 || 42 | part, with some loss of bone | 3 || any other toe | | || 43 | through metatarso-phalangeal joint | 3 || 44 | part, with some loss of bone | 1 || two toes of one foot, excluding great toe | | || 45 | through metatarso-phalangeal joint | 5 || 46 | part, with some loss of bone | 2 || three toes of one foot, excluding great toe | | || 47 | through metatarso-phalangeal joint | 6 || 48 | part, with some loss of bone | 3 || four toes of one foot, excluding great toe | | || 49 | through metatarso-phalangeal joint | 9 || 50 | part, with some loss of bone | 3 | the fifth schedule matters that may be provided for in the schemesany scheme framed under section 15 may provide for or all of the matters as specified below, namely:— part aserial nomatters on which the provident fund scheme may make provisions(1)(2)1the employees or class of employees who shall join the fund, and the conditionsunder which employees may be exempted from joining the fund or from making any contribution2the time and manner in which contributions shall be made to the fund by employersand by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered3the manner in which employees' contributions may be recovered by contractorsfrom employees employed by or through such contractors4the payment by the employer of such sums of money as may be necessary to meetthe cost of administering the fund and the rate at which and the manner in which the payment shall be made5the constitution of any committee for assisting any board of trustees6the opening of regional and other offices of any board of trustees7the manner in which accounts shall be kept, the investment of moneys belongingto the fund in accordance with any directions issued or conditions specified by the central government, the preparation of the budget, the audit of accounts and the submission of reports to the central government, or to any specified state government8the conditions under which withdrawals from the fund may be permitted and anydeduction or forfeiture may be made and the maximum amount of such deduction or forfeiture9the fixation by the central government in consultation with the boards of trusteesconcerned of the rate of interest payable to members10the form in which an employee shall furnish particulars about himself and hisfamily whenever required11the nomination of a person to receive the amount standing to the credit of amember after his death and the cancellation or variation of such nomination12the registers and records to be maintained with respect to employees and thereturns to be furnished by employers or contractors13the form or design of any identity card, token or disc for the purpose of identifyingany employee, and for the issue, custody and replacement thereof14the fees to be levied for any of the purposes specified in this schedule(1)(2)15the contraventions or defaults which shall be punishable under section 13516the further powers, if any, which may be exercised by inspector-cum-facilitators17the manner in which accumulations in any existing provident fund shall betransferred to the fund and the mode of valuation of any assets which may be transferred by the employers in this behalf18the conditions under which a member may be permitted to pay premia on lifeinsurance, from the fund19any other matter which is to be provided for in the scheme or which may benecessary or proper for the purpose of implementing the scheme part b matters that may be provided for in the pension scheme1 the employees or class of employees to whom the pension scheme shall apply 2 the portion of employers' contribution to the provident fund which shall becredited to the pension fund and the manner in which it is credited3 the regulation of the manner in which and the period of service for which, nocontribution is received4 the manner in which employees' interest will be protected against default in paymentof contribution by the employer5 the manner in which the accounts of the pension fund shall be kept and investmentof moneys belonging to pension fund to be made subject to such pattern of investment as may be determined by the central government6 the form in which an employee shall furnish particulars about himself and themembers of his family whenever required7 the forms, registers and records to be maintained in respect of employees, requiredfor the administration of the pension scheme8 the scale of pension and pensionary benefits and the conditions relating to grantof such benefits to the employees9 the manner in which the exempted establishments have to pay contribution towardsthe pension scheme and the submission of returns relating thereto10 the mode of disbursement of pension and arrangements to be entered into withsuch disbursing agencies as may be specified for the purpose11 the manner in which the expenses for administering the pension scheme will bemet from the income of the pension fund12 any other matter which is to be provided for in the pension scheme or which may be necessary or proper for the purpose of implementation of the pension scheme part c matters that may be provided for in the employees' deposit-linked insurance scheme1 the employees or class of employees who shall be covered by the insurancescheme2 the manner in which the accounts of the insurance fund shall be kept and theinvestment of moneys belonging to the insurance fund subject to such pattern of investment as may be determined, by order, by the central government3 the form in which an employee shall furnish particulars about himself and themembers of his family whenever required4 the nomination of a person to receive the insurance amount due to the employeeafter his death and the cancellation or variation of such nomination5 the registers and records to be maintained in respect of employees; the form ordesign of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount6 the scales of insurance benefits and conditions relating to the grant of suchbenefits to the employees7 the manner in which the amount due to the nominee or the member of the family ofthe employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970)8 any other matter which is to be provided for in the employees' deposit-linkedinsurance scheme or which may be necessary or proper for the purpose of implementing that schemethe sixth schedule[see sections 75, 76(1) and 152(1)] factors for working out lump sum equivalent of compensation amount in case of permanent disablement and death| completed years of age on the last birthday of the | factors ||------------------------------------------------------|-----------|| employee immediately preceding the date on which | || the compensation fell due | || (1) | (2) || not more than | 16 || 17 | 22749 || 18 | 22638 || 19 | 22522 || 20 | 22400 || 21 | 22271 || 22 | 22137 || 23 | 21995 || 24 | 21847 || 25 | 21691 || 26 | 21528 || 27 | 21357 || 28 | 21179 || 29 | 20992 || 30 | 20798 || 31 | 20595 || 32 | 20385 || 33 | 20166 || 34 | 19940 || 35 | 19706 || 36 | 19464 || 37 | 19214 || 38 | 18956 || 39 | 18690 || 40 | 18417 || 41 | 18137 || 42 | 17849 || (1) | (2) ||------------|--------|| 43 | 17554 || 44 | 17252 || 45 | 16944 || 46 | 16629 || 47 | 16307 || 48 | 1598 || 49 | 15647 || 50 | 15309 || 51 | 14967 || 52 | 1462 || 53 | 14268 || 54 | 13913 || 55 | 13556 || 56 | 13195 || 57 | 12833 || 58 | 1247 || 59 | 12105 || 60 | 11741 || 61 | 11377 || 62 | 11014 || 63 | 10652 || 64 | 10293 || 65 or more | 9937 | classification of aggregatorsslnoclassification of aggregator1ride sharing services2food and grocery delivery services3logistic services4e-market place (both market place and inventory model) for wholesale/retail sale of goods and/or services (b2b/b2c)5professional services provider6healthcare7travel and hospitality8content and media services9any other goods and service provider platform statement of objects and reasonsthe second national commission on labour, which submitted its report in june, 2002had 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, the code on social security, 2019 was introduced in the lok sabha on 11th december, 2019 with a view to amalgamate, simplify and rationalise the relevant provisions of the following nine central labour enactments relating to social security, namely:—(i) the employees' compensation act, 1923; (ii) the employees' state insurance act, 1948; (iii) the employees' provident funds and miscellaneous provisions act, 1952; (iv) the employment exchanges (compulsory notification of vacancies)act, 1959;(v) the maternity benefit act, 1961; (vi) the payment of gratuity act, 1972; (vii)the cine workers welfare fund act, 1981; (viii) the building and other construction workers welfare cess act, 1996; and (ix) the unorganised workers' social security act, 2008 3 the amalgamation of the said laws will facilitate the implementation and remove the multiplicity of definitions and authorities without compromising the basic concepts of welfare and benefits to workers further, the use of technology for effective enforcement of the provisions of the bill has been intended with a view to ensure transparency and accountability and facilitating ease of compliance widening the scope of the benefits to the fixed term employees would be a big step towards equity 4 the code on social security, 2019 was referred to the parliamentary standing committee on labour on 24th december, 2019 and the committee has submitted its report on 31st july, 2020 with certain recommendations after incorporating the valuable suggestions of the committee, it has now been decided to withdraw the pending code on social security, 2019 and to propose a fresh bill, namely, the code on social security, 20205 the salient features of the code on social security, 2020, inter alia, are—(i) to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors;(ii) to provide for an establishment to be covered under chapter iii relating to employees' provident fund (epf) and under chapter iv relating to employees state insurance corporation (esic) on voluntary basis even if the number of employees in that establishment is less than the threshold it further seeks to make those chapters inapplicable to such establishments on fulfilment of certain conditions;(iii) to define various expressions used in the bill such as, "career centre","aggregator", "gig worker", "platform worker", "wage ceiling" , etc further, the definition of "employee" has been comprehensively elaborated to cover maximum number of employees and workers;(iv) to provide for registration, electronically or otherwise, of every establishment to which the bill applies, within such time and in such manner as the central government may by rules determine it further provides for an option for cancellation of registration by any establishment whose business activities are in the process of closure, subject to the conditions as may be prescribed by the central government;(v) constitution of various social security organisations for the administration of the bill, namely, (a) the central board of trustees of the employees' provident fund (central board), (b) the employees' state insurance corporation (corporation), (c) the national social security board for unorganised workers (national social security board), (d) the state unorganised workers' social security board and (e) the state building workers welfare boards;(vi) to provide that the medical education institutions and training institutes of the employees' state insurance corporation may be run by the corporation itself or on the request of the corporation, by the central government, any state government, any public sector undertaking of the central government or the state government or any other body notified by the central government;(vii) to empower the central government to frame schemes for unorganised workers, gig workers and platform workers and the members of their families for providing benefits relating to employees' state insurance corporation;(viii) provisions for maternity benefits such as prohibition from work during certain periods, provision of nursing breaks, crèche facility, claim for maternity benefits, etc;(ix) to empower the central government, by notification, to assign additional work, including administration of any other enactment or scheme relating to social security, to any of the social security organisations and the expenses towards such additional work shall be borne by the central government;(x) to empower the central government to frame schemes for the purposes of providing social security benefits to self-employed workers or any other class of persons;(xi) to empower the central government to specify by notification, rates of employees' contributions to the employees' provident fund scheme and the period for which such rates shall apply for any class of employee;(xii) to provide for appeal against an order passed by any authority in regard to determination and assessment of dues and levy of damages relating to employees' provident fund by an employer only after depositing with social security organisation concerned, twenty-five per cent of the amount due from him as determined by the authority against whose order the appeal has been preferred;(xiii) to provide that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis and not on the basis of continuous service of five years;(xiv) to make provision for payment of cess by employer in case of building and other construction work, payable under chapter viii on the basis of his self-assessment;(xv) to provide for registration of every unorganised worker, gig worker or platform worker on the basis of self-declaration electronically or otherwise, along with such documents including aadhaar number, in such form and in such manner, containing such information as may be prescribed by the central government;(xvi) to empower the central government by order, to defer or reduce employer's contribution, or employee's contribution, or both, payable under chapter iii or chapter iv, as the case may be, for a period up to three months at a time, in respect of establishment to which chapter iii or chapter iv, as the case may be, applies, for whole of india or part thereof in the event of pandemic, endemic or national disaster;(xvii) to provide for establishment and maintenance of separate accounts under social security fund, for the welfare of unorganised workers, gig workers and platform workers; and a separate account for the amount received from the composition of offences under the bill or under any other central labour laws 6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivessantosh kumar gangwarnew delhi;the 15th september, 2020 notes on clausesclause 1 of the bill seeks to provide for short title, extent, commencement and application of the proposed billclause 2 of the bill seeks to define certain expressions used in the bill, which inter alia, includes "appropriate government", "building worker", "employment injury", "factory", "permanent partial disablement", "permanent total disablement', "tribunal", etcclause 3 of the bill seeks to provide for registration and cancellation of establishment to which the proposed bill applies in the manner provided in the rules made by the central governmentclause 4 of the bill seeks to provide for the manner of constitution and composition of the central board of trustees of the employees' provident fund for the purposes of chapter iii and the provisions of the bill relating to that chapterclause 5 of the bill seeks to provide for the manner of constitution and the composition of the employees state insurance corporation for the purposes of chapter iv and the provisions of the bill relating to that chapterclause 6 of the bill seeks to provide for the manner of constitution, composition and functions of the national social security board for unorganised workers and also for the constitution of state unorganised workers boardclause 7 of the bill seeks to provide for the manner of constitution, composition and function of the state building and other construction workers' welfare boardclause 8 of the bill seeks to provide the conditions which leads to disqualification and removal of a member of any social security organisationclause 9 of the bill seeks to provide for the procedure of social security organisation relating to their meetings, functions and allowancesclause 10 of the bill seeks to provide that the central provident fund commissioner and the director general shall not undertake any work unconnected with their office without prior approval of the central governmentclause 11 of the bill seeks to provide for the supersession of the corporation, the central board, the national social security board or the state unorganised workers' board or the building workers' welfare board, by the central or state government, as the case may beclause 12 of the bill seeks to provide for the constitution of state board, regional boards, local committees, etcclause 13 of the bill seeks to provide for entrustment of additional functions by the central government to social security organisationsclause 14 of the bill seeks to provide for appointment of officers of the central board by the central governmentclause 15 of the bill seeks to provide for framing of schemes, such as the employees'provident fund scheme, employees' pension scheme, and employees' deposit linked insurance schemeclause 16 of the bill seeks to provide for establishment of the provident fund, the pension fund and the deposit- linked insurance fund by the central government with respect to schemesclause 17 of the bill seeks to provide for contribution in respect of employees and contractorsclause 18 of the bill seeks to provide for fund to be recognised under the income tax act, 1961clause 19 of the bill seeks to provide for priority of payment of contributions over other debtsclause 20 of the bill seeks to provide for non-applicability of chapter iii to certain establishmentsclause 21 of the bill seeks to provide for authorisation of certain employers to maintain provident fund accountsclause 22 of the bill seeks to provide for transfer of accounts where the employee relinquishes his employment and obtains employment in any other establishmentclause 23 of the bill seeks to provide for appeal to tribunal for matters specified thereinclause 24 of the bill seeks to provide for appointment of principal officers and other staff of the corporationclause 25 of the bill seeks to provide for payment of all contributions and other moneys received in the employees' state insurance fund and its administration thereofclause 26 of the bill seeks to provide for the purposes for which the employees' state insurance fund may be expendedclause 27 of the bill seeks to provide for acquiring and holding of property, sale or otherwise transfer of property both movable and immovable, by the corporationclause 28 of the bill seeks to provide for insurance of all employees in the establishments to which chapter iv applyclause 29 of the bill seeks to provide for contribution payable by the employer and the employee which shall be paid to the corporationclause 30 of the bill seeks to provide administrative expenses and percentage of income of corporation which may be spent for such expensesclause 31 of the bill seeks to provide for payment of contribution by employers and recovery of contribution from the contractor, if paid by him and shall bear the expenses of remitting the contributions to the corporationclause 32 of the bill seeks to provide for benefits specified therein, to the insured persons, their dependents etc, which include periodical payments to any insured person in case of his sickness, periodical payments to an insured person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified by regulationsclause 33 of the bill seeks to provide for power of corporation to promote measures for improvement of the health and welfare of insured persons and for their rehabilitation and re employmentclause 34 of the bill seeks to provide that certain accidents described therein shall be presumed as accident arising in course of employmentclause 35 of the bill seeks to provide that an accident shall be deemed to arise out of and in the course of an employee's employment in the cases specified therein, notwithstanding that he is at the time of the accident acting in contravention of lawclause 36 of the bill seeks to provide that the contracting of the disease by an employee employed in any employment specified in that schedule, in the manner specified in that clause shall, unless the contrary is proved, be deemed to be an "employment injury ", arising out of and in the course of employmentclause 37 of the bill seeks to specify certain cases relating to insured persons which may be referred to medical board and for review by the medical board of its decisions in cases specified therein it further provides for appeal to the medical appeal tribunal or directly to the employees' insurance courts if the insured person or the corporation, as the case may be, is aggrieved by any decision of the medical boardclause 38 of the bill seeks to provide for the dependents' benefit to the dependants of the insured person specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2, at such rates and for such periods and subject to such conditions as may be prescribed by the central government in case such insured person dies as a result of an employment injury sustained as an employee under chapter iv, whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injuryclause 39 of the bill seeks to provide medical benefit to an insured person and members of his family subject to the qualification, conditions, scale and period of such benefit, as prescribed by the central government it further provides for establishment of medical education institutions, including colleges, dental colleges, nursing colleges and the training institutes by the corporation for its officers and staff with a view to improve the quality of services provided under the employees' state insurance schemeclause 40 of the bill seeks to provide that the state government or the corporation shall provide reasonable medical, surgical and obstetric treatment for insured persons and their families in the state it further provides that the state government may, with the approval of the corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed uponclause 41 of the bill seeks to lay down general provisions as to the benefits granted under chapter ivclause 42 of the bill seeks to provide for corporation's rights over an employer in case of failure or neglect specified in sub-clause (1) thereof, by such employer it further seeks to provide that the amount recoverable under the said clause may be recovered as if it were an arrear of land revenue or recovered in the manner specified under clauses 129 to 132clause 43 of the bill seeks to make the owner or occupier of factories or other establishment or the owner of the tenement or lodgings liable for payment of the amount of the extra expenditure incurred by the corporation as sickness benefit, where the corporation considers that the incidence of sickness among insured persons is excessive due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may beclause 44 of the bill seeks to make provision for scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised, on payment of user charges, and the terms and conditions for operation of the scheme shall be in accordance with the rules made by the central governmentclause 45 of the bill seeks to provide for schemes for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under chapter iv by the corporationclause 46 of the bill seeks to exempt any factory or other establishment belonging to any local authority, from the operation of chapter iv, if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under that chapterclause 47 of the bill seeks to provide that contributions, etc, due to corporation, shall have priority over other debtsclause 48 of the bill seeks to provide for constitution of employees' insurance court by state government by notificationclause 49 of the bill seeks to specify the matters which shall be decided by employees'insurance court it further seeks to oust the jurisdiction of civil courts to decide or deal with any question or dispute so specified or to adjudicate on any liability which by or under the bill relating to this chapter iv is to be decided by a medical board, or by a medical appeal tribunal or by the employees' insurance courtclause 50 of the bill seeks to provide that the employees' insurance court shall have all the powers of a civil court for the purposes specified in sub-clause (1) thereofclause 51 of the bill seeks to provide that the manner of commencement of proceedings before that court, the, fees and procedure thereof shall be such as may be provided by rules by the state governmentclause 52 of the bill seeks to provide for appeals to the high court from orders of employees' insurance courts if it involves a substantial question of lawclause 53 of the bill seeks to make provision for payment of gratuity to an employee on the termination of his employment subject to the conditions and at the rates specified thereinclause 54 of the bill seeks to define continuous service, for the purpose of payment of gratuity to an employee, as a period where an employee has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of the billclause 55 of the bill seeks to provide for nomination by each employee, who has completed one year of service, within such time, in such form and in such manner, as may be provided by rules made by the appropriate governmentclause 56 of the bill provides for determination of amount of gratuity it seeks to provide that the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payableclause 57 of the bill seeks to provide for compulsory insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, in the manner provided by rules made by the central government, for his liability for payment towards the gratuity under chapter v, from any insurance company regulated by the authority as defined under clause (b) of sub-section (1) of section 2 of the insurance regulatory and development authority act, 1999clause 58 of the bill seeks to provide that the appropriate government may, by notification, appoint any officer of that government having the qualifications and experience as may be provided by rules made by that government, to be a competent authority for implementation of any provision of chapter v for such area as may be specified in the notificationclause 59 of the bill seeks to prohibit the employer from employing of a woman, or to prohibit any woman from working, in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy it further seeks to prohibit the employer, on a request being made by the woman in this behalf, to require her to do any work which is of the nature specified therein, during the period of one month immediately preceding the afore mentioned period of six weeks, or during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 62clause 60 of the bill seeks to provide for right to payment of maternity benefit to every woman at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day, if she has actually worked in an establishment of the employer from whom she claims maternity benefit such woman shall be entitled to maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected date of her delivery, subject to a maximum of twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery it further provides that a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks it also provides that in case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agreeclause 61 of the bill seeks to provide for continuance of payment of maternity benefit to every eligible woman under chapter vi, notwithstanding the application of chapter iv to the factory or other establishment in which she is employed, until she becomes qualified to claim maternity benefit under clause 32clause 62 of the bill seeks to provide for giving of notice in writing for claim of maternity benefit and payment thereof by any woman employed in an establishment and entitled to maternity benefit under the provisions of chapter vi, to her employer it further provides that the failure to give notice under the said clause shall not disentitle a woman to maternity benefit or any other amount under the said chapter if she is otherwise entitled to such benefit or amountclause 63 of the bill seeks to provide for payment of maternity benefit in case of death of a woman before receiving such maternity benefit or amount it further provides that the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under clause 62 and in case there is no such nominee, to her legal representativeclause 64 of the bill seeks to provide for payment of medical bonus of three thousand five hundred rupees or such amount as may be notified by central government from her employer, if no pre-natal confinement and post-natal care is provided for by the employer free of chargeclause 65 of the bill seeks to provide for leave with wages at the rate of maternity benefit for miscarriage, medical termination of pregnancy, tubectomy operation, or illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy on production of such proof as may be prescribed by rules made by the central governmentclause 66 of the bill seeks to provide for nursing breaks to every woman delivered of a child who returns to duty after such delivery, in addition to the interval for rest allowed to her in the course of her daily work, two breaks of such duration as may be prescribed by rules by the central government, for nursing the child until the child attains the age of fifteen monthsclause 67 of the bill seeks to provide for creche facility in every establishment where fifty employees or such number of employees as may be prescribed by central government, are employed it further provides that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her it also provides that the employer shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under chapter vi relating to maternity benefitclause 68 of the bill seeks to render unlawful, inter alia, the dismissal of a woman who absents herself from work in accordance with the provisions of this chapter vi, on account of such absence, except where the dismissal is for any gross misconduct as may be prescribed by rules made by the central government it further provides that any woman who is deprived of maternity benefit or medical bonus, or both, or discharged or dismissed, may appeal to the competent authority and the decision of that authority on such appeal, shall be final clause 69 of the bill seeks to prohibit any deduction of wages from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of chapter vi, by reason only of the nature of work assigned to her or breaks for nursing the child allowed to her, under the relevant provisionsclause 70 of the bill seeks to provide for forfeiture of maternity benefit to a woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefitclause 71 of the bill requires the employer to exhibit in a conspicuous place an abstract of the provisions of chapter vi and the rules relating thereto, in the language or languages of the locality, in every part of the establishment in which women are employedclause 72 of the bill seeks to make provision for making complaint to the inspectorcum-facilitator where a woman claims that she is entitled for maternity benefit or any other amount under chapter vi and any person claiming that payment due under the said chapter has been improperly withheld, or her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of the said chapter it further provides that the inspector-cum-facilitator may, on receipt of a complaint, make an inquiry or cause an inquiry and pass such orders as he deems just and proper according to the circumstances of the case it also makes provision for appeal to the authority prescribed by rules made by the appropriate government clause 73 of the bill seeks to provide for reports of fatal accidents and serious bodily injuries to competent authority it further requires the employer or any person on his behalf, to give a notice to any authority, of any accident occurring on his premises which results in death or serious bodily injury, and shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury it also provides for the state government to extend by notification, the said requirement to any class of premises and may, by such notification, specify the persons who shall send the report to the competent authority it also makes this clause inapplicable to establishments to which chapter iv, relating to employees' state insurance corporation, appliesclause 74 of the bill seeks to provide for employer's liability for compensation in accordance with the provisions of chapter vii, if personal injury is caused to an employee by accident or an occupational disease listed in the third schedule, arising out of and in the course of his employment it further empowers the central government or the state government, after giving, by notification, not less than three months' notice of its intention so to do, to modify or add any description of employment to the employments specified in the second schedule, and occupational diseases specified in the third schedule it also bars any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any court of law in respect of such accident or disease clause 75 of the bill seeks to provide for payment of compensation by the employer if death of or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamityclause 76 of the bill seeks to provide for the manner of calculation of amount of compensation to be paid in case of death, permanent total disablement, permanent partial disablement or temporary disablement whether total or partial, resulting from the injury it further provides that the employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer it also provides that if the injury of the employee results in his death, the employer shall, in addition to the compensation, deposit with the competent authority a sum of not less than fifteen thousand rupees or such amount as may be prescribed by the state government, for payment of the same to the eldest surviving dependant of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependant or was not living with his dependant at the time of his death, to the person who actually incurred such expenditureclause 77 of the bill seeks to provide for compensation to be paid when due and damages for default as soon as it falls due it further provides that in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts it also provides that where any employer is in default in paying the compensation within one month from the date it fell due, the competent authority shall direct that the employer in addition to the amount of the arrears, pay interest at rates specified in the rules made by the central government, on the amount due and if there is no justification for the delay, the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent of such amount of arrears by way of damagesclause 78 of the bill seeks to provide for method of calculating monthly wages for purposes of compensation it further seeks to define the expression "monthly wages" to mean the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates) and calculated in the manner specified thereinclause 79 of the bill seeks to provide for review by the competent authority, of halfmonthly payment payable under chapter vii, either under an agreement between the parties or under the order of a competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitionerclause 80 of the bill seeks to provide for commutation of half-monthly payments, on the application to the competent authority by either party to an agreement, to be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may beclause 81 of the bill seeks to provide for distribution of compensation in respect of an employee whose injury has resulted in death it further provides that no payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation it also provides that in the case of a deceased employee, an employer may make to any dependant, advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the competent authority from such compensation and repaid to the employer it also provides that on the deposit of any money as compensation in respect of a deceased employee, the competent authority shall cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensationclause 82 of the bill seeks to provide for notice of the accident and claim for compensation it further provides that no claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner provided therein as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death it also provides that the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time, if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient causeclause 83 of the bill seeks to provide for special provisions for notice and the claim for compensation relating to accidents occurring outside indian territory in the case of employees who are masters of ships or seamen or captain and other members of crew of aircraft, persons recruited by companies registered in india and working as such abroad, persons sent for work abroad along with motor vehicles registered under the motor vehicles act, 1988 as drivers, helpers, mechanics, cleaners or other employeesclause 84 of the bill seeks to provide for free medical examination of an employee who has given notice of an accident, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner it further provides that any employee who is in receipt of a halfmonthly payment under chapter-vii shall, if so required, submit himself for such examination from time to time it also provides that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by rules made by the state governmentclause 85 of the bill seeks to provide for compensation by the employer in cases where any employer in the course of or for the purposes of his trade or business contracts with a contractor, for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer and that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed it further provides that where the employer is liable to pay such compensation, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compensation and where a contractor who is himself an employer is liable to pay compensation or to indemnify an employer, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authorityclause 86 of the bill seeks to provide for remedies of employer against stranger, where an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid it further provides that the person by whom the compensation was paid and any person who has been called on to pay an indemnity shall be entitled to be indemnified by the person so liable to pay damagesclause 87 of the bill seeks to provide that where any employer has entered into a contract with any insurers in respect of any liability under chapter vii to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer it further provides that if the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation it also provides that the provisions of this clause shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another companyclause 88 of the bill seeks to provide for power of the competent authority to require statements regarding fatal accidents from employers where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment it further provides that the competent authority may send by registered post or where possible, electronically, a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by rules made by the state government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependants of such employee ascertained by the competent authority it also provides that where in the opinion of the competent authority, a dependant of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant, from the panel of advocates maintained by the state governmentclause 89 of the bill seeks to provide for registration of agreements by the competent authority, electronically or otherwise, in such manner as may be prescribed by rules made by the appropriate government, where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability it further provides that an agreement for the payment of compensation which has been so registered shall be enforceable under this bill, notwithstanding anything contained in the indian contract act, 1872, or in any other law for the time being in forceclause 90 of the bill seeks to provide for reference to competent authority, any question arising in any proceedings under chapter vii as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not an employee) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement) it further provides that the question shall, in default of agreement, be settled by a competent authority it also provides that no civil court shall have jurisdiction to settle, decide or deal with any question which is required to be settled, decided or dealt with by a competent authorityclause 91 of the bill seeks to provide that the state government may, by notification, appoint any person who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by rules made by the appropriate government to be a competent authority for employee's compensationclause 92 of the bill seeks to provide for venue of proceedings and transfer of matters under chapter vii it provides that where any matter under chapter vii is to be done by or before a competent authority, the same shall, subject to the provisions that chapter and in the manner prescribed in this behalf by the state government, be done by or before the competent authority for the area in which the accident took place which resulted in the injury; or the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or the employer has his registered office it further provides that if a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, order such matter to be transferred to such other competent authority it also provides that the state government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by itclause 93 of the bill seeks to provide that an application for claim of compensation shall be made to a competent authority electronically or otherwise, in such form and in such manner accompanied by such fee, if any, as may be prescribed by rules made by the central governmentclause 94 of the bill seeks to empower the competent authority to require further deposit from the employer as compensation payable, in respect of an employee whose injury has resulted in death, if in the opinion of the competent authority such sum deposited by an employer as compensation is insufficient it further provides that the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the noticeclause 95 of the bill seeks to provide that the competent authority shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects it further provides that the competent authority shall be deemed to be a civil court for all the purposes of section 195 and of chapter xxvi of the code of criminal procedure, 1973clause 96 of the bill seeks to provide that any appearance, application or act required to be made or done by any person before or to a competent authority may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector-cum-facilitator or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorisedclause 97 of the bill seeks to provide for the competent authority to make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by rules made by the state government and shall form part of the recordclause 98 of the bill seeks to empower the competent authority to submit any question of law for the decision of the high court and, if he does so, shall decide the question in conformity with such decisionclause 99 of the bill seeks to provide for appeal from the orders of a competent authority on the matters specified in that clause unless otherwise provided therein it further provides that the period of limitation for an appeal shall be sixty days from the date of passing of the order it also provides that the provisions of section 5 of the limitation act, 1963, shall be applicable to the appeal under the said clauseclause 100 of the bill seeks to provide for levy and collection of cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employerclause 101 of the bill seeks to provide that if any employer fails to pay any amount of cess payable for the purposes of social security and welfare of building workers within such time as may be prescribed by the appropriate government, such employer shall be liable to pay interest at such rate as may be prescribed by the central government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paidclause 102 of the bill seeks to exempt any employer or class of employers in a state from the payment of cess payable under chapter viii where such cess is already levied and payable under any corresponding law in force in that stateclause 103 of the bill seeks to provide for self-assessment of cess by the employer by requiring the employer, within sixty days or such period as may be notified by the central government of the completion of his each building and other construction work, to pay such cess on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the central government and after such payment of cess, to file a return clause 104 of the bill seeks to impose penalty on the employer who fails to pay the cess under clause 103 within the date specified in the order of assessment made thereunder it further provides that before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this sectionclause 105 of the bill seeks to provide for appeal by any employer who is aggrieved by an order of assessment made under clause 103 or by an order imposing penalty made under clause 104, within such time as may be prescribed by the central government, to such appellate authority in such form and in such manner as may be prescribed by the central government it further provides that every order passed in appeal under the said clause shall be final and shall not be called in question in any court of lawclause 106 of the bill seeks to provide that every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the building workers' welfare board as a beneficiary under chapter viii, in such manner as may be prescribed by the central governmentclause 107 of the bill seeks to provide that a building worker who has been registered as a beneficiary under clause 106 shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year it further provides that if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the central governmentclause 108 of the bill seeks to provide for constitution of building and other construction workers' welfare fund and there shall be credited thereto, the amount of any cess levied under clause 100; any grants and loans made to the building workers' welfare board by the central government; and all sums received by the building workers' welfare board from such other sources as may be decided by the central government it further provides that the fund shall be applied for meeting expenses of the building workers' welfare board in the discharge of its functions; salaries, allowances and other remuneration of the members, officers and other employees of the building workers' welfare board; and expenses on objects and for purposes authorised by this billclause 109 of the bill seeks to provide for the central government and the state government, respectively, to formulate and notify, from time to time, suitable welfare schemes for unorganised workers the schemes formulated by the central government shall include matters relating to life and disability cover; health and maternity benefits; old age protection; education; and any other benefit as may be determined by the central government the schemes formulated by the state government shall include matters relating to provident fund; employment injury benefit; housing; educational schemes for children; skill upgradation of workers; funeral assistance; and old age homesclause 110 of the bill seeks to provide that any scheme notified by the state government under clause 109 may be wholly funded by the state government; or partly funded by the state government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the state government; or funded from any source including corporate social responsibility fund or any other such source as may be specified in the scheme it further provides that the central government may provide such financial assistance to the state governments for the purpose of such schemesclause 111 of the bill seeks to provide that the government formulating and notifying the scheme under chapter ix shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintainedclause 112 of the bill seeks to provide that the appropriate government may set up a toll free call centre or helpline or such facilitation centres for unorganised workers, gig workers and platform workers with a view to disseminate information on available social security schemes, facilitate filing, processing and forwarding of application forms for registration, assist in obtaining registration and to facilitate the enrolment of such workersclause 113 of the bill seeks to provide for the registration of unorganised workers, gig workers and platform workers subject to the fulfilment of the conditions specified therein it further provides that a registered unorganised worker, gig worker or platform worker shall be eligible to avail the benefit of the concerned scheme framed under chapter ix it also provides that the central government, or as the case may be, the state government shall make such contribution in a scheme as may be specified thereinclause 114 of the bill seeks to provide for framing of schemes for gig workers and platform workers by the central government on matters relating to life and disability cover; accident insurance; health and maternity benefits; old age protection; crèche; and any other benefit as may be determined by the central government it further provides that the scheme may be wholly funded by the central government; or partly funded by the central government and partly funded by the state government; or wholly funded by the contributions of the aggregators; or partly funded by the central government, partly funded by the state government and partly funded through contributions collected from the beneficiaries of the scheme or the aggregators, as may be specified in the scheme; or funded from corporate social responsibility fund within the meaning of companies act, 2013; or any other source it also provides that the national social security board shall be the board for the purposes of the welfare of gig workers and platform workers and while such board serves the purposes of welfare of, or matters relating to, gig workers and platform workers, the members constituting the board shall comprise of the persons specified in the said clauseclause 115 of the bill seeks to provide for maintenance of proper accounts of income and expenditure of each of the social security organisations in a manner as the appropriate government may, after consultation with the comptroller and auditor-general of india, specifyclause 116 of the bill seeks to provide that the accounts of each of the social security organisations shall be audited annually by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the respective social security organisation to the comptroller and auditor-general of indiaclause 117 of the bill seeks to provide that each of the social security organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate government before such date as may be fixed by it in that behalfclause 118 of the bill seeks to provide that each of the social security organisations shall submit to the appropriate government an annual report of its work and activities and the budget finally adopted by the social security organisation it further provides that the appropriate government shall cause a copy of the annual report, budget and the audited accounts together with the report of the comptroller and auditor- general of india and the comments of the respective social security organisation thereon to be laid before each house of parliament or the state legislature, as the case may beclause 119 of the bill seeks to provide that each of the fund maintained by a social security organisation or by an establishment under the bill shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate government, by such social security organisation or the establishment, as the case may be, in case of central board, annually; in case of corporation, once in every three years; in case of any other social security organisation or establishment, as specified by the appropriate government, by order it further provides that the appropriate government, if it considers necessary, may direct such valuation to be made at such intervalsclause 120 of the bill seeks to provide that a social security organisations may, subject to such conditions as may be prescribed by the appropriate government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said social security organisation is established it further provides that each of the social security organisations except corporation, may, with the previous sanction of the appropriate government and on such terms as may be prescribed by such government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fit and in case of officers and staff of the central board, such terms shall be specified in the provident fund schemeclause 121 of the bill seeks to empower the social security organisation, subject to the conditions as may be prescribed by the appropriate government, to sanction the writing off of the losses where such social security organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under the bill, is irrecoverable it further provides that in the case of provident fund, pension fund or insurance fund, such writing off shall be specified in the provident fund scheme or pension scheme or insurance scheme, as the case may beclause 122 of the bill seeks to provide for appointment of inspector-cum-facilitators by the central government, for the purposes of chapter iii and chapter iv and for the provisions of the bill relating to those chapters, and by the appropriate government, for the purposes of other provisions of the bill it further empowers the central government and the state government, respectively in respect of the said provisions, to lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under the bill electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person it also provides that the provisions of the code of criminal procedure, 1973 shall, so far as may be, apply to the search or seizure by the inspector-cum-facilitator under sub-clause (6), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said codeclause 123 of the bill seeks to provide that an employer of an establishment shall maintain records and registers in the form prescribed by rules made by the appropriate government, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by rules made by that government including matters specified therein it further requires the employer to file such return electronically or otherwise to such officer or authority in such manner and during such periods as may be prescribed by rules made by the appropriate government it also provides that matters to be provided under the rules relating to chapter iii shall, instead of providing for them in rules to be made by the central government, be provided in the provident fund scheme or the pension scheme or the insurance scheme, as the case may be it also provides that the forms of records and registers and that of the returns to be filed under chapter iv shall be specified in the regulations instead of providing for them in the rulesclause 124 of the bill seeks to prohibit the employer from reducing whether directly or indirectly, the wages of any employee or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or implied, in relation to an establishment to which the bill or any scheme framed thereunder applies, by reason only of his liability for the payment of any contribution under the bill, or any charges thereunderclause 125 of the bill seeks to empower the central government, by notification, to authorise, such officers of the central board or the corporation, as the case may be, not below the rank of group 'a' officer of that government, to function as the authorised officers for the purposes of chapter iii or chapter iv, as the case may be, who may, by order, assess and determine dues from employer in the manner specified therein it further provides that an authorised officer conducting the inquiry shall, for the purposes of such inquiry, have the same powers as are vested in a court under the code of civil procedure, 1908, for trying a suit in respect of the matters specified in the said clauseclause 126 of the bill seeks to provide for appeal by an employer from the orders of the authorised officer under clause 125, if the order relates to chapter iv it further provides that the appellate authority shall not be an authority below the rank of the joint director of the corporation as may be provided by regulations it also provides that such appeal may be preferred within sixty days from the date of such order after depositing twenty-five per cent of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the corporation and the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal it also provides that if the employer finally succeeds in the appeal, the corporation shall refund such deposit to the employer together with such interest as may be specified in the regulationsclause 127 of the bill seeks to provide that the employer shall be liable to pay simple interest at such rate as may be notified by the central government, from the date on which any amount has become due under the bill till the date of its actual paymentclause 128 of the bill seeks to empower the central provident fund commissioner or the director general of the corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate government, to recover damages from the employer where an employer makes default in the payment of any contribution which he is liable to pay in accordance with the provisions of chapter iii or chapter iv, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under chapter iii, or in the payment of any charges payable under any other provision of the bill it further provides that such damages shall be an amount not exceeding the amount of arrears, in such manner as may be specified in the regulations for the purposes of chapter iv and in respect of provident fund scheme, pension scheme and insurance scheme, such levy and recovery shall be in the manner as may be specified in the respective schemes framed by the central government it also provides that the central board or the corporation as the case may be, may reduce or waive the damages levied under the said clause in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the insolvency and bankruptcy code, 2016 subject to the terms and conditions as may be specified by notification, by the central governmentclause 129 of the bill seeks to provide for recovery of amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount which is in arrear it further provides that the authorised officer, or the competent authority, as the case may be, shall issue to the recovery officer a certificate electronically or otherwise, specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes specified in the said clauseclause 130 of the bill seeks to provide that when the authorised officer or the competent authority, as the case may be, issues a certificate to a recovery officer under clause 129, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the recovery officer it further provides that where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under the bill, the authorised officer or the competent authority, as the case may be, shall, when the order being the subject matter of such appeal or other proceeding becomes final and conclusive, amend the certificate or withdraw it, as the case may be, in consonance with such finality or conclusionclause 131 of the bill seeks to provide for other modes of recovery of the amount referred to in clause 129 by empowering the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf, to recover the amount by any one or more of the modes provided in the said clause, including, requiring the person from whom the amount is due to any employer who is in arrears, to deduct from such person the said arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the central provident fund commissioner or the director general of the corporation, as the case may be, or any other officer of such social security organisation so authorised by it in this behalf:clause 132 of the bill seeks to provide that the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962, shall apply with necessary modifications as if the said provisions and the rules referred to the amount in arrears of the amount mentioned in clause 129 of the bill, instead of to the income taxclause 133 of the bill seeks to provide penalty for failure to pay contribution, etc, as specified in the clause, in consonance with the gravity of the offencesclause 134 of the bill seeks to provide for enhanced punishment for commission of the second, or every subsequent such offenceclause 135 of the bill seeks to provide that where an offence under chapter xii has been committed by a company, every person who, at the time the offence was committed, was directly 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 accordinglyclause 136 of the bill seeks to provide that no court shall take cognizance of an offence punishable under the bill, except on a complaint made by an aggrieved person or such officer as may be notified by the central government for the purposes of offences relating to chapter iii and chapter iv and the rules, regulations or schemes made or framed under the bill relating to those chapters, and for the purposes of offences relating to other provisions of the bill and the rules, regulations or schemes made or framed thereunder, by the officer notified by the appropriate governmentclause 137 of the bill seeks to provide for prior opportunity before initiation of prosecution proceeding against an employer for any offence under chapter xii, to comply with the relevant provisions 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, then, no such proceeding shall be initiated against the employer it further provides that no such opportunity shall be accorded to an employer, if the violation of the same nature of such provisions is repeated within a period of three years from the date on which such first violation was committedclause 138 of the bill seeks to provide for compounding of offences specified under the said clause in the manner and subject to the conditions specified thereinclause 139 of the bill seeks to empower the appropriate government, by notification, to require the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, to report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisitionclause 140 of the bill seeks to make the provisions of chapter xiii inapplicable in respect of vacancies relating to any employment or establishment specified therein it further makes the provisions of the said chapter inapplicable to vacancies which are proposed to be filled through independent recruitment agencies such as union public service commission, staff selection commission or a state public service commission or any other agencies as may be notified by the central government; or to vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate governmentclause 141 of the bill seeks to provide that the central government shall establish a social security fund for social security and welfare of the unorganised workers, gig workers and platform workers and the sources of the fund shall comprise of funding received under sub-clause (3) of clause 109, under sub-clause (3) of clause 114; and from the composition of the offences under the bill relating to central government and from any other social security fund established under any other central labour law it further provides that the state government shall establish a social security fund for the welfare of the unorganised workers in which there shall be credited the amount received from the composition of offences under the bill relating to the state government; and such other sources as may be prescribed by the state governmentclause 142 of the bill seeks to require an employee or unorganised worker or any other person, to establish his identity or, as the case may be, the identity of his family members or dependants through aadhaar number, for the purposes of registration as member or beneficiary; or seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund; or availing services of career centre; or receiving any payment or medical attendance as insured person himself or for his dependants, under the bill or rules, regulations or schemes made or framed there under it further provides that any foreigner employee shall obtain and submit aadhaar number for establishing his identity, as soon as possible, on becoming resident within the meaning of clause (v) of section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016clause 143 of the bill seeks to empower the appropriate government, by notification, and subject to the certain conditions as may be prescribed by the central government in this behalf, to grant exemption to an establishment or class of establishments or employees or class of employees, from any or all of the provisions of the bill or the scheme framed thereunder as may be specified in the notification and may renew for further period such exemption by like notification it further provides that for the purpose of grant of exemption in respect of provident fund scheme, pension scheme and insurance scheme, the terms and conditions of exemption shall be specified in such respective schemes it also provides that the exemption shall only be granted if the employees in the establishment or class of establishments or an employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of the bill or the scheme framed there under it also gives an option to an employer of an establishment so exempted, to surrender the exemption so granted in the manner specified in the said clause and on such cancellation, the employer and the board of trustees shall transfer accumulation of each employee and surplus and reserves from the fund, to the concerned statutory funds within such time and in such manner as may be notified by the appropriate government it also provides that in respect of any surrender of exemption from the provident fund scheme, pension scheme and the insurance scheme, the time limit, form and manner of transfer of accumulation of exempted employees and surplus and reserves from the fund, to the concerned statutory funds shall be such as may be specified in the concerned schemes framed under chapter iiiclause 144 of the bill seeks empower the central government, by order, to defer or reduce employer's contribution, or employee's contribution, or both, payable under chapter iii or chapter iv, as the case may be, for a period up to three months at a time, in respect of establishment to which chapter iii or chapter iv, as the case may be, applies, for whole of india or part thereof in the event of pandemic, endemic or national disasterclause 145 of the bill seeks to provide that where an employer transfers his establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under the bill in respect of the periods up to the date of such transfer it further provides that the liability of the transferee shall be limited to the value of the assets obtained by him by such transferclause 146 of the bill seeks to provide that every member of a social security organisation and the officers and staff thereof, any inspector-cum-facilitator, competent authority, authorised officer, recovery officer and any other person discharging any function under the bill, shall be deemed to be a public servant within the meaning of section 21 of the indian penal codeclause 147 of the bill seeks to provide for protection of a person or authority specified therein, from any suit, prosecution or other legal proceeding, if action is taken in good faith in pursuance of the proposed billclause 148 of the bill seeks to provide that if the appropriate government is satisfied that any establishment or any other person has misused any benefit provided to him under the bill or rules, regulations or schemes made or framed thereunder, then, such government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification it further prohibits the appropriate government to pass such order unless an opportunity of being heard is given to such establishment or other person, as the case may be it also provides that the manner to ascertain misuse of any such benefit relating to chapter iii, shall be specified in the provident fund scheme or the pension scheme or the insurance scheme, as the case may beclause 149 of the bill seeks to empower the central government to give directions to any state government or a state board to execute in that state, of any of the provisions of the bill; or to any of the social security organisations in respect of the matters relating to the implementation of the provisions of the billclause 150 of the bill seeks to empower the appropriate government, subject to the condition of previous publication, to frame schemes not inconsistent with the bill, for the purposes of giving effect to the provisions thereofclause 151 of the bill seeks to provide that the amount standing to be credited in favour of the employee under chapters iii, iv, v, vi or vii or, of any member of any fund, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be it further provides that such amount shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the insolvency and bankruptcy code, 2016clause 152 of the bill seeks to empower the central government, on being satisfied, by notification, to amend the first schedule, fourth schedule, fifth schedule, sixth schedule and seventh schedule and the appropriate government, on being satisfied, by notification, to amend the second schedule and third schedule, respectively, by way of addition or deletion therein and upon such addition or deletion, the schedules shall stand to have been amended accordinglyclause 153 of the bill seeks to provide that organisations constituted or established under the enactments repealed under clause 164 shall, after the commencement of the bill, continue to exercise the powers and discharge the functions of the corresponding organisations under the bill, as if such organisations constituted or, as the case may be, established under such repealed enactments, had been constituted under the respective provisions of the bill, till such corresponding organisations are constituted under the bill or till their respective time period under the repealed enactments expire, whichever is earlierclause 153 of the bill seeks to provide for power of central government to make rulesthe appropriate government may, by notification, and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed codeclause 154 of the bill seeks to empower the appropriate government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified thereinclause 155 of the bill seeks to empower the central government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified thereinclause 156 of the bill seeks to empower the state government, by notification, and subject to the condition of previous publication, to make rules not inconsistent with the bill, for the purpose of giving effect to the provisions thereof, in respect of the matters specified thereinclause 157 of the bill seeks empower the corporation by notification, and subject to the condition of previous publication, to make regulations, not inconsistent with the bill and the rules and schemes made or framed there under, for the administration of the affairs of the corporation and for carrying into effect the provisions of chapter iv and the provisions of the bill relating to that chapter, in respect of the matters specified thereinclause 158 of the bill seeks to provide that the power to make rules, regulations and schemes under the bill (except the schemes to be framed under chapter iii), shall be subject to the condition of the previous publication, in the manner specified therein the purpose of such publication is to obtain the objections and suggestions of the persons affected and to consider those objections and suggestions before the rules, regulations are finalisedclause 159 of the bill seeks to empower the central government, by notification, to make rules for the transfer to any foreign country of money deposited with a competent authority under chapter vii which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any state of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any stateclause 160 of the bill seeks to provide for laying of rules, regulations, notifications and schemes made or framed by the central government or the corporation, as the case may be, under the bill, as soon as may be after it is made or framed, before each house of parliament it further provides that the rules and schemes made or framed, and notifications issued by, the state government under the bill, shall be laid as soon as may be after it is made or framed, before the state legislatures, where it consists of two houses, or where such legislature consists of one house, before that houseclause 161 of the bill seeks to provide that the provisions of the bill shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of the bill it further provides that nothing contained in the bill shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under the billclause 162 of the bill seeks to empower the appropriate government, by notification, to direct that all or any of the powers and functions which may be exercised or performed by that government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the central board, the corporation, the national social security board, the state unorganised workers board, building workers' welfare board or any officer or authority subordinate to the central board, the corporation, the national social security board, the state unorganised workers board, building workers' welfare boardclause 163 of the bill seeks to empower the central government, by order, published in the official gazette, to make such provisions, not inconsistent with the provisions of the bill, as may be necessary or expedient for removing the difficulty it further provides that no such order shall be made under the said clause after the expiry of a period of two years from the commencement of the billclause 164 of the bill seeks to provide for repeal of certain enactments specified in the clause it further provides for saving of certain actions under the repealed enactments it also provides that the employees' provident funds scheme, 1952, the employees' deposit linked insurance scheme, 1976, the employees' pension scheme, 1995 and the employees' provident funds (appellate tribunal procedure) rules, 1997 framed or made under the employees' provident funds and miscellaneous provisions act, 1952 and the rules, regulations and schemes made or framed under the employees' state insurance act, 1948, shall remain in force, to the extent they are not inconsistent with the provisions of the bill, for a period of one year from the date of commencement of the bill it also provides that any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it is ceased to be in operation under the provisions of the bill or any direction made thereunder for such purpose financial memorandumclause 13 of the bill provides for entrustment of additional functions to social security organisations it further provides for appointment or engagement of new officers, if necessary and the expenditure incurred in discharging the additional functions including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the central government2 clause 109 and clause 114 of the bill provides that the scheme notified by the central government under the said clauses may be wholly funded or partly funded by the central government hence, the financial implications may arise in future while formulating and implementing the aforesaid schemes3 at present, it is not possible to estimate such recurring and non recurring expenditures for the purposes specified in the preceding paragraphs4 the other expenditures that would be involved, if the bill is enacted and brought into operation, are the existing expenditure and no additional expenditure shall be required for such purpose memorandum regarding delegated legislationsub-clause (1) of clause 155 empowers the central government, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made these matters include (a) the manner, and the conditions subject to which, the provisions of chapter iiishall be made inapplicable to an establishment by the central provident fund commissioner, under sub-clause (5), the manner, and the conditions subject to which the provisions of that chapter iv shall be made inapplicable to an establishment by the director general of the corporation under sub-clause (7), of clause 1; (b) manner of establishment and maintenance of career centre and the career services, the income of dependent parents and other authority who shall be deemed to be the occupier, under clause 2; (c) the time and manner of registration of establishment under sub-clause (1) and the manner of making application for cancellation of the registration, the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto under sub-clause (3), of clause 3; (d) the manner of administration of the funds vested in the central board under sub-clause (1), the manner to assist the central board in performance of its functions by executive committee under sub-clause (3), the terms and conditions, including tenure of office of members of the central board and executive committee under sub-clause (6) and the other functions and the manner of performing such functions under sub-clause (7), of clause 4;(e) the manner of administration of the corporation and the manner of representation of states under sub-clause (1) (d), the manner of constitution of standing committee under sub-clause (3), the manner of administration of the affairs of the corporation, exercise of powers and performance of functions by the standing committee under sub-clause (4) (a), the duties and powers of medical benefit committee under sub-clause (5) (b) and the terms and conditions, including tenure of office, subject to which a member of the corporation and standing committee shall discharge their respective duties under sub-clause (7), of clause 5;( f ) the manner of exercising the powers and performance of the functions by the national social security board under sub-clause (1), the manner of nomination of members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-clause (4) and time, place and rules of procedure relating to the transaction of business under sub-clause (6), of clause 6; (g) other welfare measures and facilities under sub-clause (6) ( j) of clause 7; (h) the intervals at which social security organisation or any committee thereof shall meet and the procedure in regard to the transaction of business at meetings under sub-clause (1), and the fee and allowances of members of such social security organisation or committee under subclause (4), of clause 9; (i) manner of reconstitution of the corporation or the central board or the national social security board or the state unorganised workers board or the building workers' welfare board or any of the committees under sub-clause (1) and the alternate arrangements for the purpose of administration of the relevant provisions of the bill under sub-clause (2), of clause 11; ( j) manner of maintenance of a provident fund account in relation to the establishment under sub-clause (1) of clause 21; (k) the form, manner, time-limits and fees for filing of appeal under sub-clause (2) of clause 23; (l) salary and allowances of the director general or the financial commissioner under sub-clause (3), their powers and duties under sub-clause (4) and maximum monthly salary limit under the proviso to sub-clause (7), of clause 24; (m) the manner of investment of employees' state insurance fund or any other money which is held by corporation under sub-clause (4) of clause 25; (n)limits for defraying of expenditure under clause 26 (k); (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys by the corporation under sub-clause (2) and the terms to raise loans and taking measures for discharging such loans under sub-clause (3), of clause 27; (p) manner of insurance of employees under sub-clause (1) of clause 28; (q) the rate of contributions under sub-clause (2) of clause 29; (r) the type of administrative expenses and percentage of income which may be spent on expenses and the limits for such expenses under clause 30; (s) the limit for the amount of payment under the proviso to sub-clause (1)(f), and the qualifications to claim benefits, conditions, rate and period thereof under sub-clause (3), of clause 32; (t) the limits within which the corporation may incur expenditure from the employees' state insurance fund under clause 33; (u) the manner and time within which the insured person or the corporation may file appeal under sub-clause (7)(a) of clause 37; (v) the rates, periods and conditions for payment of dependants' benefit under sub-clause (1)and to other dependants under sub-clause (2), of clause 38; (w) the qualification and conditions subject to which an insured person and his family may claim medical benefit, the scale and period thereof, and other conditions subject to which an insured person may continue to receive such benefit under sub-clause (3) of clause 39; (x) the structure, functions, powers and activities of the organisation for providing certain benefits to employees in case of sickness, maternity and employment injury, under sub-clause (6) of clause 40; (y) extended period for insurance, the manner of satisfaction and the manner of calculation of capitalised value of benefit payable to the employee under sub-clause (1) of clause 42; (z) terms and conditions subject to which the scheme may be operated under clause 44; (za) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government under sub-clause (1), conditions to exempt and manner of establishing an approved gratuity fund under sub-clause (2) and the time limit to get establishment registered by the employer under sub-clause (3), of clause 57; (zb) the form of notice under sub-clause (1) and the proof of pregnancy and proof of delivery under sub-clause (5), of clause 62; (zc) the proof of miscarriage or medical termination of pregnancy under sub-clause (1), the proof of tubectomy operation under sub-clause (2) and the proof of illness under sub-clause (3), of clause 65; (zd) the duration of breaks under clause 66; (ze) the number of employees and distance for crèche facility under sub-clause (1) of clause 67; (zf ) gross misconduct under the second proviso to sub-clause (1) of clause 68; (zg) rate of interest to be paid by the employer under sub-clause (3)(a) of clause 77; (zh) the manner of notice under sub-clause (1) and the manner of transmitting money under sub-clause (3), of clause 92; (zi) the form, manner and fee for application for claim or settlement under sub-clause (3) of clause 93; (zj) the manner and time of collection of cess under sub-clause (2), manner of deposit of the cess so collected under sub-clause (3) and the uniform rate or rates of advance cess under sub-clause (4), of clause 100;(zk) the rate of interest in case of delayed payment of cess under clause 101; (zl) the manner of self-assessment of cess under sub-clause (1) of clause 103; (zm) the authority to inquire and impose penalty under clause 104; (zn) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-clause (1) of clause 105; (zo) manner of registration as beneficiary under clause 106; (zp) benefits of a beneficiary under sub-clause (2) of clause 107;(zq) eligible age for registration and form and manner of information under sub-clause (1) (a)and (b), and the form of application and documents for registration and the manner of self registration sub-clause (2), of clause 113; (zr) carrying out the matters specified in sub-clause (7)(i) of clause 114; (zs) manner of compounding of offences under sub-clause(1) of clause 138; (zt) the manner of establishment and administration of the social security fund under sub-clause (4) of clause 141; (zu) eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption under sub-clause (1); and extension period of exemption under sub-clause (3), of clause 143; and (zv) any other matter which is required to be, or may be, central government under the provisions of the bill2 sub-clause (1) of clause 156 empowers the state government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislations sub-clause (2) specifies the matters in respect of which rules may be made these matters include (a) the manner of exercising the powers and performance of functions by state unorganised workers' board under sub-clause (9), the manner of nomination of members of the board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the board under sub-clause (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-clause (14), of clause 6; (b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the building workers' welfare board and the manner of filling of casual vacancies of such members, under sub-clause (4), the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the said board under sub-clause (5) (c), of clause 7;(c) procedure to be followed by the employees' insurance court under sub-clause (2) and the rules under sub-clause (3) of clause 50; (d) the amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub-clause (7) of clause 76; (e) conditions when application for review is made without certificate of a medical practitioner under sub-clause (1) of clause 79; (f) the frequent interval for medical examination under the proviso to sub-clause (1) of clause 84; (g) the form of statement to be submitted by the employer under sub-clause (1) of clause 88; (h) manner in which matters may be dealt with by or before a competent authority under sub-clause (1) of clause 92; (i) time-limit for disposal of application and costs incidental to the proceedings under sub-clause (4) of clause 93; ( j) the manner of authentication of memorandum under clause 97; (k) such other sources of funding and the manner of administering and expending of the fund under sub-clause (5) of clause 141; and (l) any other matter which is required to be, or may be, prescribed by the state government under the provisions of the bill3 sub-clause (1) of clause 154 empowers the appropriate government, subject to the condition of previous publication, to make rules for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters include (a) the amount in connection with premium for group insurance scheme of the beneficiaries, the educational schemes for the benefit of children of the beneficiaries and the medical expenses for treatment of major ailments of a beneficiary or, such dependant, under sub-clause (6) (c), (d) and (e ) of clause 7;(b) manner and time within which second appeal may be filed to the employees' insurance court by the insured person or the corporation under sub-clause (7) (b) of clause 37; (c) the manner of commencement of proceedings before the employees insurance court and fees and procedure thereof under sub-clause (1) of clause 51; (d) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the third proviso to subclause (1) of clause 53; (e) the time, form and manner of nomination by an employee under sub-clause (1), the time to make fresh nomination under sub-clause (4), the form and manner of modification of a nomination under sub-clause (5) and the form for fresh nomination under sub-clause (6), of clause 55; (f) time within which and the form in which a written application shall be made under sub-clause (1) and the form of application to the competent authority under sub-clause (5) (b), of clause 56; (g) the manner of registration of an establishment by the employer under sub-clause (3) the manner of composition of the board of trustees of the approved gratuity fund and the manner in which the competent authority may recover the amount of the gratuity payable to an employee from the insurer under sub-clause (4), of clause 57; (h) the qualifications and experience of the officer appointed as the competent authority under sub-clause (1) of clause 58; (i) authority to whom an appeal may be preferred under sub-clause (3) of clause 72; ( j) class of employers and the form of notice-book under sub-clause (4) of clause 82; (k) the manner of recording the memorandum in a register by the competent authority under sub-clause (1) of clause 89; (l) such other experience and qualifications for appointment as a competent authority under sub-clause (1) of clause 91; (m) time limit to pay the amount of cess under clause 101; (n) fees for appeal under subclause (2) of clause 105; (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-clause (1), conditions to invest moneys, reinvest or realise investments under sub-clause (2), terms to raise loans and take measures for discharging such loans under sub-clause (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-clause (4), of clause 120; (p) conditions and manner of writing off irrecoverable dues under clause 121;(q) other powers of inspector-cum-facilitator under sub-clause (6) (e) of clause 122; (r) form and manner for maintenance of records and registers and other particulars and details, manner and form for display of notices at the work places of the employees and the manner and period of filing returns to the officers or authority under clause 123 (a), (b) and (d); (s) the form and manner of application for compounding of an offence under sub-clause (4) of clause 138; (t) the manner and form for reporting vacancies and form for filing the return by the employer, to the concerned career centre under sub-clause (2) of clause 139; (u) the time within which the central board or the corporation, as the case may be, shall forward its view to the appropriate government under sub-clause (1), conditions which the exempted establishment or the class of establishment or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-clause (2) and conditions for management of the trust under sub-clause (5) of clause 143; (v) manner of determining the misuse of any benefit by an establishment or by any other person under clause 148: and (w)any other matter which is required to be, or may be, prescribed by the appropriate government under the provisions of the bill4 sub-clause (1) of clause 157 empowers the corporation, subject to the condition of previous publication to make regulations for carrying into effect the provisions of chapter vi and the provisions of the bill relating to that chapter sub-clause (2) specifies the matters in respect of which such regulations may be made these matters include (a) the cases and matters to be submitted for the decision of the corporation under sub-clause (4) (b) and the composition of committees under sub-clause (6), of clause 5; (b) the areas in respect of which the corporation may appoint regional boards and local committees and the manner in which such boards and committees shall perform the functions and exercise the powers under sub-clause (2) of clause 12; (c) such other functions of the director general and the financial commissioner under sub-clause (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under of sub-clause (8) (a) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-clause (9), of clause 24; (d) the unit in respect of which all contribution shall be payable under sub-clause (3), and the days on which the contributions shall fall due under sub-clause (4), of clause 29; (e) maintenance of register of employees by or through the contractor under sub-clause (7), and any matter relating or incidental to the payment and collection of contribution under sub-clause (9), of clause 31; (f) qualifications and experience of other person to certify sickness, authority to certify eligibility of a woman and authority to certify eligibility for payment under sub-clause (1) (a), (b) and (c), the conditions for extension of medical benefits under sub-clause (2) and any matter relating or incidental to the accrual and payment of benefits under sub-clause (4), of clause 32; (g) continuous period in which the employee contracts occupational disease under subclause (1) of clause 36; (h) constitution of medical board under sub-clause (1) and constitution of medical appeal tribunal under sub-clause (5), of clause 37; (i) the period and the nature of medical benefit which may be allowed to a person, conditions for voluntary retirement scheme, payment of contribution and other conditions for eligibility to receive medical benefits and the conditions for grant of medical benefits to the insured person during employment injury under sub-clause (3), the time for which students of medical education institutions shall serve the corporation and the manner in which the bond shall be furnished under sub-clause (4) (b) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of insured persons under sub-clause (6), of clause 39; ( j) other authority for providing permission to leave the area in which medical treatment provided under sub-clause (3) (c), form of nomination under sub-clause (6) and the authority to determine benefits under sub-clause (9), of clause 41; (k) user charges to be paid by other beneficiaries for medical facilities under the explanation to clause 44; (l) time within which the claims, recovery or contribution, from employer by the corporation and recovery of contribution by the employer from the contractor, shall be made under sub-clause (1) of clause 51; (m) the forms of records and registers and of returns to be filed under clause 123 (d); (n) the appellate authority not below the rank of the joint director of the corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the corporation under clause 126; (o) manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under clause 128; (p) the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and (q) any matter in respect of which regulations are required or permitted to be made by the bill5 the matters in respect of which rules or regulations 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———— a billto amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected therewith or incidental thereto————[shri santosh kumar gangwar, minister of state labour and employment (independent charge)]mgipmrnd—497ls(s3)—15-09-2020 the code on social security bill, 2020 [to be/as introduced in lok sabha]1page (i), in arrangement of clauses, against clause 20,-for"certain establishment"read " certain establishments"2page (v), in arrangement of clauses, against clause 20,-for " property, etc"read " property, etc, by social security organization"3page 3, line 39,-for "ten workers or " read " ten workers in the preceding twelve months or"4page 4, line 25,-for "state government; " read "state government, as the case may be;"5page 11, line 12,-for "government, state" read " government, the state "6page 11, line 13,-for "government, central" read "government, the central"7page 17, line 14,-for "for formulating" read "for framing"8page 18, line 16,-for "in formulating"read "for framing "9page 25, in marginal heading against clause 20,-for "establishment" read " establishments"10page 25, line 43,-for "where receiving"read "were receiving"11page 27, line 7,-for "commissioner shall" read "commissioner, as the case may be, shall"12page 58, line 38,-for "any law in force for the time being relating"read "any law for the time being in force relating 13page 62, line 25,-for "for employee's compensation for"read "for the purpose of this chapter and for"14page 67, line 27,-for "shall formulate and"read "shall frame and"15page 67, line 34,-for "shall formulate and" read "shall frame and"16page 68, line 34,-for ''schemes formulated by'' read ''schemes framed by''17page 69, line 33,-for "may formulate and''read ''may frame and''18page 69, line 41,-for "scheme formulated and"read ''scheme framed and"19page 70, line 11,-for "scheme formulated by" read "scheme framed by"20page 72, in the marginal heading against clause 120, -for "property, etc" read " property, etc, by social security organization"21page 72, line 14,-for "except corporation" read "(except corporation )"22page 72, line 27,-for "organisations by social security organisation" read " organisations (except corporation )"23page 72, line 30,-for "organisations, by social security organisation" read "organisations (except corporation),"24page 78, line 46,-for "part of the"read " part of the amount of the certificate or pertains to the said reduction for the period for which the appeal or other proceeding remains pending"25page 86, against line 15,-omit "marginal citation"26page 86, against line 16,-insert "marginal citation "18 of 2016""27page 88, line 5,-for "pension scheme" read "the pension scheme"28page 89, in marginal citation against line 43,-for "34 of 1952" read "34 of 1948"29page 90, line 39,-for "employer registered" read "employer"30page 90, line 41,-for "the manner of competent" read "the competent"31page 91, line 43,-for "dependent parents" read "dependant parents"32page 91, line 48,-for "clause (53) of" read "clause (52), of"33page 93, line 30,-for "to get" read "limit to get"34page 94, line 8,-for "form, manner"read "form and manner"35page 94, line 9,-for "application and documents"read "application, documents"36page 94, line 10,-for "and the manner of self registration sub-section" read "and manner of the self registration under sub-section"37page 95, line 5,-for "which of matters be dealt by or before a competent authoritymay"read "which matters may be dealt with by or before a competentauthority"38page 98, line 35,-for "employees' provident funds appellate tribunal procedure" read "tribunal (procedure)"39page 98, against line 44,-omit "marginal citation"40page 98, against line 45,-insert "marginal citation "10 of 1897""41page 101, line 2,-for "74 (3) and (5)" read "74 (3), (5)"42page 101, line 5,-for "of second proviso"read "of third proviso"43page 105, line 2,-for "(3) and (5)"read "(3), (5)"44page 111, line 4,-for "for or all "read "for any or all"45page 116, line 1 from the bottom,-for "service provide"read "services provider"new delhi;september 17, 2020______ bhadrapada 26, 1942 (saka) | Parliament_bills | e5301a91-5776-5fe5-b36b-a58d81b1780d |
bid no 60 of 1985 the union duties of excise (distribution) amendment bill, 1985 a biilfurther to amend the union duties of excise (distribution) act, 1979 be it enacted by parliament in' the thirty-sixth year of the republic of india as follows:-1 (1) this act may be called the union duties of excise (distribution) amendment act, 1985 short title and commence-mento 5 (2) it shall come into force on the 1st day of april, 1985 amendment of long title et act 24 of 19'19 2 in the union duties of excise (distribution) act, 1979 (hereinafter referred to as the principal act), in the long title, for the words, figures and l~tters "interim report dated the 14th day of november, 19'83", the words, figures and letters "report dated the 30th day of april, 1984" 10 shall be sublitituted 3 for section 2 of the principal act, the following section shall be substituted, namely:- substitution of new section for weetion 2 '2 in this act, the expression "distributable union duties of excise" means~ deftnition 15 (4) in respect of the financial year commencing oil the 1st dey of april, 1984, forty per cent of the net proceeds of union duties of excise, other than od electricity, (b) in respect of each of the financial years commencing on or after the 1st day of april, 1985, forty-five per cent of the net proceeds of union duties of excise, levied and collected under the central excises and salt act, 1944, and any other law for the levy and collection of such duty, unless 5 the law earmarks the proceeds of the duty for any special purpose explanation-the expression "net proceeds" has the same meaning as in clause (1) of article 279 of the constitution' 4 section 3 of the principal act shall be re-numbered as sub-section (i) thereof and-10 amendmentof section 3 (a) in sub-section (1) as so re-numbered, for the words "be distributed, prov'isionally,", the words "be distributed" shall be substituted; (b) after sub-section (1) as so re-numbered, the following subsection sh~ll be inserted, namely: -\ "(2) during the financial year commeucing on the lst day of april~ _~ 98~ ~tnd each of the tlhte succeeding financi;t) yea:os, there shull be pald, out of the consolidated fudd of india, to tbe states sums cquh'alent to the distrihutable union duties of excise levied and collected itl that ~'f8r and,-20 (a) eight-nintlls of the sums so payable during each sueb financial ycilr shull be distributed to eacb of the states specified ja columd (ll of table i below in sucb percentage as is set out against it itt column (2) thereof; and (b) ode-ninth (if the sums so payable during ellch such flnan- 25 cial year !thad be distributedi to eacb of ti,!e states specified in coitlmn (1) of table ii belo'ft' in sucb pereentage as i~ set out against it ill co'umn (2) thereof w!tb respect to that financial year state ---~-- _ _-__-_- ----------(2) -__- -- --'-' ---andhra pradesh 8587 assam 2977 bihar '13192 gujarat 3506 rbryaua 1017 35 himachal i'rodtsh 0589 jammu and kashmir 0856 karnataka 5077 xenia 3800 madhya pradesh 8852 maharashtra 6216 state p~ -~ ----"---(1) (%) --)\lanipoa: 0%33 5 megllal, 0191 " napiau 0096 ~ odiia 4591 ,punjab 1317 rljasthan 4695 10 sikklm 0039 tamb nadu 7317 l'ripura 0292 uttar pradesh 19097 west bengal 7449 15 | state | financial yelk ||------------------|-------------------|| and | || percentage | || (1) | || (2) | || 1985·86 | || 1986-87 | 1987-88 || 1988-89 | || -- | || allam | || 12578 | 12713 || 12023 | || lao | || himachal pradeah | || 11528 | || 12·914 | || 14·098 | || 16475 | || jllmmu | || and | || ~hmir | || | || 16661 | 17818 || 20254 | || manipur | || 7742 | || 8722 | || 9·545 | || 11217 | || meghalaya | || 6180 | || 6·944 | || 7570 | 8863 || nagaladd | || 9·944 | || 11240 | || 12371 | 14482 || 25 | || oriaa | || 8154 | || 5457 | || 3109 | || 0598 | || sikldm | || 1836 | || 2051 | 2232 || 2593 | || tripura | || 9104 | || 10207 | || 11162 | 129,56 || wclit | bengal || 1627a | || 11·934 | || 7·935 | || 0539 | | statement of objects and reasonsall recommended by the eighth finance commission in its interim report dated the 14th november, 1983, a suli' equivalent to forty per cent of the annual net proceeds of the union duties of excise, excluding ceases levied under special acts and earmarked for special purposes, is paid to the states and distributed among them in the percentages which the seveath finance commission had recommended as the law imposing the union duties of excise h~ since been extended to the state of sikkim, that state is also entitled to a share in those duties 1be eighth finance commission in i1ll final report dated the 30th april, 1984, has recommended that-(i) the states' share in the net proceeds of shareable excise duties should be forty-five per cent; (ii) forty per cent of the net proceeds of shareable excise duties should be distributed among the states in the percentages recommended by it; and (iii) the balance of five per cent of the net proceeds of shareable excise duties should be distributed among the deficit states in the percentages recommended by it 2 the government has decided to contitaje with the recommendatiod8 of the eighth finance commission contained in its interim report for the financial year commencing on the 1st day of april, 1984 and to implement the recommendations in its ftnal report for the period of four yeal's commencing from the 1st day of april, 1985 3 the blll is intended to give effect to the aforesaid recommendai: ons of the codudission npw delhi,' til; 16th march, 1985 , v~hwanam pratap singh clause 4 of the biu seeks to amend section 3 of the union duties of exci80' (diitrlbuti8jl) act, 19'j9, to pro\!jde for payme!lt to tho ~ of a par~ ~ the· dej proceeds of the union duties of e~ it' is estimilted tjia~ tho p~dt to the states shall amoudt to ri 18,92070 crores during the four years 1985-86 (g 1988-89" extracts"" prom tim union, dlj'm~s of exclsb (dlstlubunon) act, 1979 (24 of 19'19) ' - - •• - an act to ~rovide for the payment out of ~ consolidated fund ot 1ndia of sums ecluivalent to a part of the net proceeds of certain union duties of excise' to the states to which the law im~g the duty extedcia and for the djstiibution of those siuds among those states id accordance with the principles re~(·mmended by the finaace commission in it!! interim definition lot1944 - report dated the 14th day ofnovcmber 1983 - •• - - - z in this act, the expression' "distriblltable union duties·of excl~e!' means forty per cent 'ot the n~t ptoceekis of union duties otexcise, other than on electricity, levied and collected under the central excises and salt act, 1944 and any other law for the l~vy and collection of such duty, unless the law earmarks the p'1'g~eeds of the duty fot' any special purpose , exp14nation-the expresaion "net proceeds" has the same meaning as in clause (1:) of article 2'79 of the coustittltiod 3 during the financial ~~r commencing ori the 1st day of april, 1984, there shall be paid, out of the conso1idated ·fund of india, to the states sums equiva- • lent to the distributable union dutic!, of excise levied ltand collected in that year and those sums shall be di!!1~ibuted, provisiopally • to each of the statec; specified in oolumn (1) of the table belowin sucl! percentage 85 i" set out against it in column (2):- state percentago - , (1)" (2) ii pa)'ment to states' or iiwbs equ1va- len' to a part of the net proceeds of un!on auties of exclse , add proviitonal djitributton - of the sums amoq them - - 7691 2793 u021 4101 1177 0521 0839 4876 4035 872s - andhra pradesh assam bihar gujarat haryans himachal pradesh jammu and kashmir kamataka kerala - madhya pradesh 'maharashtra ~ manipur megbalaya ~agiland orissa punjab 6~632 021s 0200 0097 46s2 1226 4813' 0023 7631' 0373 18290 - 1uj~d siklcim tamil nadu tripara' uttar pradesh wesj bengal 802s - -_"--' ---:---__-• _---- - - bill ,further to amedc! the umoo dudes ct excise (diatributiod) act, 197; • , - ' - - | Parliament_bills | cd1888d7-70fd-5733-9f91-4ef6dab9b691 |
bill no 5 of 2017 the food safety and standards (amendment) bill, 2017 byshri om birla, mp a billfurther to amend the food safety and standards act, 2006be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called as the food safety and standards (amendment) act, 2017short 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 32 in section 3 of the food safety and standards act, 2006 (hereinafter referred to as the principal act),—(a) after clause (b), the following clause shall be inserted, namely:—"(ba) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;";(b) after clause (c) the following clause shall be inserted, namely:—"(ca) "child" means a boy or a girl who has not attained the age of eighteen years;"; (c) after clause (g), the following clause shall be inserted, namely:—5"(ga) "council" means the nutrition council constituted under section17a;"; and (d) after clause (h), the following clause shall be inserted, namely:—"(ha) "educational institution" includes—(i) a school established, owned or controlled by the appropriate government or a local authority; or10(ii) a school receiving aid or grants from the appropriate government or the local authority to meet whole or part of its expenses;(iii) a school belonging to specified category; or (iv) an unaided school not receiving any kind of aid or grants to meet its expenditure; or15(v) an educational institution managed by a private entity, society or a trust, which imparts elementary education;"3 after chapter ii of the principal act, the following chapter and sections thereunder shall be inserted, namely:—insertion of new chapter iia20 "chapter iia regulation of sale and advertising of food products causing obesity amongst childrenestablishment of nutrition council2517a the central government shall, by notification in the official gazette, establish a council to be known as the nutrition council to regulate sale and advertising of food products which cause obesity amongst children17b the council shall consist of—(a) the union minister of health and family welfare, chairperson, ex-officio;composition of nutrition council30(b) not more than three members having expertise in medicine with at least fifteen years of experience in handling issues related to nutrition and child health;(c) one expert each in the field of labelling and claims, advertisement, food additives, processing aids; and(d) one member from the union ministry of women and child development not below the rank of joint secretary3517c the council shall—functions of the council(a) lay down policies and principles to regulate sale and advertising of food products causing obesity amongst children;(b) determine its procedure in the performance of its functions; (c) admit any complaints regarding non-implementation of its policies; and40(d) initiate action for violating provisions of this chapter 17d the central government shall provide such number of officers and other employees to the council as may be necessary for efficient discharge of its functionscentral government to provide officers and employeeslabelling of food products by the council17e all food products containing high sugar, calories, sodium, saturated fat or any other ingredient present in food products beyond limits stipulated and detrimental to health of children shall bear label warning about the presence of excess ingredient in black bold letters517f all food products labelled under section 17e shall not be sold within a radius ofone kilometer of educational institutionprohibition of sale of labelled food products near educational institution17g all food products labelled under section 17e shall not be advertised in print, television or any other form targetting children below the age of eighteen yearsprohibition on advertising of labelled food products1017h whoever sells a labelled food product in contravention of the provisions of thischapter shall be punished with imprisonment for a term which may extend upto three years and fine which may extend upto rupees ten lakhspunishment for sale of labelled food products17i whoever advertises a labelled food product in contravention of provisions of this chapter shall be punished with imprisonment for a term which may extend upto two years and fine which may extend upto rupees five lakhs"punishment for advertisement of labelled food product statement of objects and reasonsincreasing exposure to variety of fast foods has led to rise in consumption of food products which are largely detrimental to the health of the persons while adults can recognise the harmful effects the targeted advertising of such unhealthy food products towards younger population has led to poor lifestyle standards amongst youth the need is to regulate the sale and advertising of such food products so as to save children from their harmful effectschildhood obesity is a major challenge in the battle against rising rate of noncommunicable diseases in india while india is already facing strong challenge in providing affordable healthcare access to its citizens, the effects of poor lifestyle habits among its urban citizens adds further burden on the country's resources the establishment of nutrition council under the union ministry of health and family welfare with adequate representation of professionals will be vital in regulating use of ingredients resulting in obesity a warning label on food products having more than permissible limit of certain ingredients would caution the consumers about their ill-effectsit is also necessary to place restriction on advertisement of food products which cause obesity and sale of such food products near educational institutions the bill, accordingly, seeks to amend the food safety and standards act, 2006 with a view to reduce consumption of unhealthy food products by childrennew delhi;om birlanovember 21, 2016 financial memorandumclause 3 of the bill seeks to constitute a nutrition council to regulate the sale and advertising of food products which cause obesity amongst children it also provides for appointments of experts, officers and employees to the nutrition council the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees fifty crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved annexure [extract from food safety and standards act, 2006] no 34 of 2006 definitions3 (1) in this act, unless the context otherwise requires,— (b) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents;(c) "chairperson" means the chairperson of the food authority; (g) "contaminant" means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter;(h) "designated officer" means the officer appointed under section 36; lok sabha———— a billfurther to amend the food safety and standards act, 2006————(shri om birla, mp)gmgipmrnd—3994ls(s3)—18-01-2017 | Parliament_bills | d72162ea-0c7e-5a19-a321-255586ca4c30 |
annexure extract from the constitution of india + - other provisi as to ministers, 75 (1) the prime minister shall be appointed by the president and the other ministers shall be appointed by the president on the advice of the prime minister (1a) the total number of ministers, including the prime minister, in the council of ministers shall not exceed fifteen per cent of the total number of members of the house of the people (1b) a member of either house of parliament belonging to any political party who is disqualified for being a member of that house under paragraph 2 of the tenth schedule shall also be disqualified to be appointed as a minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either house of parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier (2) (3) (4) (5) a minister who for any period of six consecutive months is not a member of either house of parliament shall at the expiration of that period cease to be a minister other provision as to ministers,164 (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor: provided that in the states of bihar, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may, in addition, be in charge of the welfare of the scheduled castes and backward classes of any other work (1a) the total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed fifteen per cent of the total number of members of the legislative assembly of that state: provided that the number of ministers, including the chief minister in a state shall be not less than twelve: provided further that where the total number of ministers including the chief minister in the council of ministers in any state at the commencement of the constitution (ninety-first amendment) act, 2003 exceeds the said fifteen per cent or the numbers specified in the first proviso, as the case may be, then the total number of ministers in that state shall be brought in conformity with the provisions of this clause within six months from such date as the president may by public notification appoint (1b) a member of the legislative assembly of a state of either house of the legislature ofa state having legislative council belonging to any political party who is disqualified for being a member of that house under paragraph 2 of the tenth schedule shall also be disqualified to be appointed as a minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the legislative assembly of a state or either a house of the legislature of a state having legislative council, as the case may be, before the expiry of such period, till the date on which he is declared elected whichever is earlier (2) gb) % (4) a minister who for any period of six consecutive months is nota member of the legislature of the state shall at the expiration of that period cease to be a minister | Parliament_bills | 62146b22-0c4b-5498-a6ac-51f03ac6cd98 |
bill no 208 of 2017 the indian forest (amendment) bill, 2017 a billfurther to amend the indian forest act, 1927be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian forest (amendment) act, 2017short title and commencement(2) it shall be deemed to have come into force on the 23rd day of november, 20173 (1) the indian forest (amendment) ordinance, 2017 is hereby repealedrepeal and savingsord 6 of 2017 16 of 1927(2) notwithstanding such repeal, anything done or any action taken under the indian forest act, 1927, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act, as amended by this act statement of objects and reasonsthe indian forest act, 1927 (the said act) has been enacted to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce2 the said act, inter alia, in clause (7) of section 2 defines "tree", which includes palms, bamboos, stumps, brush-wood and canes the bamboo, though taxonomically a grass is treated as tree for the purpose of the said act, and therefore, attracts the requirement of permit for transit under the said act although, many states have exempted felling and transit of various species of bamboos within the states, the inter-state movement of bamboos require permit when being in transit through other states the farmers are facing hardships in getting the permits for felling and transit of bamboos within the state and also for outside the state, which has been identified as major impediment of the cultivation of bamboos by farmers on their land3 hence, it was decided to amend clause (7) of section 2 of the said act so as to omit the word "bamboos" from the definition of tree, in order to exempt bamboos grown on nonforest area from the requirement of permit for felling or transit under the said act, and would encourage bamboo plantation by farmers resulting in the enhancement of their income from agricultural fields4 since, parliament was not in session and immediate action was required to be taken, the indian forest (amendment) ordinance, 2017 was promulgated by the president on the 23rd day of november, 20175 accordingly, the indian forest (amendment) bill, 2017 seeks to replace the indian forest (amendment) ordinance, 20176 the bill seeks to achieve the above objectivesnew delhi;harsh vardhanthe 4th december, 2017 annexure extract from the indian forest act, 1927 (16 of 1927)2 in this act, unless there is anything repugnant in the subject or context,—interpretation clause(7) "tree" includes palms, bamboos, stumps, brush-wood and canes ———— a billfurther to amend the indian forest act, 1927————(dr harsh vardhan, minister of environment, forest and climate change) | Parliament_bills | bdbf1b5d-2ec5-550b-893e-2fe525189311 |
bill no 24 of 2008 the entrance examinations (abolition) bill, 2008 bydr r senthil, mp a billto provide for abolition of entrance examinations in admission to institutions offering higher educationbe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the entrance examinations (abolition) act, 2008(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires:—10(a) "entrance examination" means any pre-admission test including a written or an oral test or both conducted for the purpose of enrolment or admission of a candidate to an academic or professional course of study imparted by an institution of higher education;(b) "institution of higher education" means an institution or a college includinga professional college recognized by or affiliated with any university or a body or established by or under a statute of the central government or the state government, as the case may be, for imparting education and awarding degree after senior secondary level school education in any discipline including natural science, medicine, engineering, law, commerce, management, social science or any other professional course; and(c) "qualifying examination" means passing of senior secondary examination or such other examination, the passing of which makes a candidate eligible for admission to any course of study in an institution of higher education5abolition of entrance examinations3 (1) on and from such date as the central government may, by notification in theofficial gazette appoint, no institution of higher education shall conduct any entrance examination for admission of candidates to any course of study(2) the admission to all institutions of higher education shall be made exclusively onthe basis of marks or percentage of marks or grade, as the case may be, obtained by candidates in the qualifying examination10act to have overriding effect4 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith 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 force15power to remove difficulty5 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 appears to it to be necessary or expedient for the removal of the difficultypower to make rules6 (1) the government may, by notification in the official gazette, make rules forcarrying out the purposes of this act20 25(2) every order and 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 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 reasonsthese days, the selection of candidates to higher educational institutions—whether government or private—like medical, engineering, law or teacher training institutions or other institutions of professional education are based on entrance examinationsthe entrance examinations need specialized coaching and training which are not available in rural areas hence, entrance examinations give an advantage to urban students some of the entrance examinations include general knowledge questions and the poor rural students do not have access to the latest happenings and are not able to answer these questions this virtually eliminates the rural students from the competition for entry to higher educational institutionsindian students study different syllabuses some syllabuses like the syllabuses for central board of school examinations are different and larger and contain more subjects than the state examination board syllabuses hence, the students studying under the state syllabuses which are mostly students of rural origin, are at a disadvantageous positionall these factors have made entrance examinations a hurdle for the rural and poor students to enter higher educational institutions to eliminate this disadvantage, it is important to abolish entrance examinations to institutions of higher educationhence this billnew delhi;r senthilfebruary 18, 2008 memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of this billas the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for abolition of entrance examinations in admission to institutions offering higher education————(dr r senthil, mp)mgipmrnd—635ls(s-5)—04032008 | Parliament_bills | 5202c2db-ab21-5261-8df7-9b1f12a6b00f |
' •• i~ , - ::,i corrigenda to ' the fi }tance bill, 1965 - ' : " i' _~ - :a(; (a~ introduced in lok sabha) lfid-p:fl:l~ ,~\fj:th ,'lfna numbsrs"7 - ",:0· -__-----: page 25, l:'1"e ~~," 1 2 page 31, line 7-- "! ' :~ ~ \,,2 0:2 q - ~ i 3 pag9 31, line 19~-4 page 36 t li~e 40,-,-: _ - r !2! "cnar~e~b~e" !!~ "chargeable" 5 page 41, line 35, -after "in which" insert " " , 6 page ~7, line 27,-7 page ~a, li~a ~5,-insert" " , a~~er it s liol'se" insert it rt , 8 page 49, :ine ~3,-for "d~-;3:1:" :ntsli ~ '~dependantsn --- for "depandor s" !~ad:·ltdependants" 10 page 49, line: ~:o,-after iract'~ insert it " , 11 page 50, l1n~ 0,-fer "c:: !e!lci "70 11 " 12 page 51, line 17,-for liwhiahli re9d i:which" ----13 page 54, line 10,-!2!: "1959 ri! ~ '1959'" 14 page 54; 11n9 13 7 -for "1suned" read "issued" --15 page 54, 11n~ 3j,-for :1 192~ ~" !~~ '1922,1 i for" 810,000" read "rs10,oootr -21 page 65, 11ne ~8,!g! oe'f !!!!2 "be" 22 page 66, 11ne 22,-before "where" ine;ert "(2)" 23 page 69, 11ne 2,-(1) !2£ "at the rate" ~ "at sllch rate"; and (11) after "rates" insert "as ara" 24 page 78, line 3,-!se if (n1 tro11ne stone)" ~ "(n1 tro1ime stone)" 25 prge 92, line 8,-for nwor~shlprt ~ "worship" 26 corre~t 11ne numbers on pages 1, 3, 7 to 0, 11, 15, 16, 43, 50, 58, 60, 61, 70 to 72 new delhi; march 5, 1965 pfialguna 14, 1886 tsaka) - bill no 10 of ih5 the finance bill, 1965 a bill to give effect to the financial proposals of the central government for the financial year 1965-66 be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 (1) this act may be called the finance act, 1965 short title (2) save as otherwise providedin this act, sections ~ 67 and =~=~t , 69 to 74 shall be deemed to have come into force on the 1st day of april, 1965, and section 68 shall be deemed to have come into force on the 1st day of march, 1965 z (11 subjet:!t to the provisions of sub-sections (2), (3), (4) and incom (5), for the assessment year commencing on the 1st day of april, tax 10 1965, income-tax shall be charged at the rates specified in part i of the first schedule and, in the cases to which paragraphs ~ b, c and d of that part apply, shall be increased by a surcharge for purposes of the union calculated in either case in the manner provided therein i (2) in making any assessment for the assessment year commencing 5 on the 1st day of april, 1965, where the total income of an assessee, not being a company, includes any income chargeable under the head "salaries", the income-tax payable by the assessee on that part of h~ total income which consists of such inclusion shall be an amount bearin~ to the total amount of income-tax and super-tax payable accordin~ to the rates applicable under the operation of the finance act, 1964, on his total income the same proportion as the amount of s of 1984 such inclusion bears to his total income (3) in making any assessment for the assessment year comrrenring on the 1st day of april, 1965, where the total income of a company, other than the life insurance corporation of india established under the life insurance corporation act, 1956, includes any profits and 10 31 of 1958 gains from life insurance business, the income-tax payable bv it shall :j be the aggregate of the income-tax c~lculated-(i) on the amount of profits and gains from life insurance business so included, at the rate applicable to the life insurance corporation of india in accordance with paragraph e of part i is of the first schedule; and (ii) on the remaining part of its total income, at the rate applicable to the company on its total income 43 of 1961 (4) in cases to whlch chapter xii of the income-tax act, 1961 (hereinafter referred to as the income-tax act) appues, the tax 20 chargeable shall be determined as provided in that chapter, aqd with reference to the rates imposed by sup-section (1,' or the rates as \ specified in that chapter as the case may be - (5) (a) in respect of any assessment for the assessment year ('ommencing on the 1st day of april, 1965----25 (i) an vsessee being an indian company or any other company which has made the prescribed arrangements for the declaration and payment of dividends within india or an assessee (other than a company) whose total income includes any profits and gains derived from the export of any goods or merchandise 30 out of india, shall be entitled to a deduction, from the amount of income-tax with which he is chargeable, of an amount equal to the income-tax calculated at one-tenth of the average rate of income-tax on the amount of such profits and gains included in the total income; 35 (ii) where an assessee of the type referred to in sub-clause (i) engaged in the manufacture of any articles in an industry specified in the first schedule to the industries (development and regulation) act 1951 has during the previous year exported such articles out of india, he shall be entitled, in addition to the 40 deduction of income-tax referred to in sub-clause (i), to a further deduction, from the amount of income-tax with which he is chargeable for the assessment year, of an amo~nt equal to the income-tax calculated at the average rate of ldcome-tax on an amount equal to two per cent of the sale proceeds receivable by , him in respect of such ~xport; (iii) where an assessee of the type r~ferr~d to ~ sub-clause (~) engaged in the manufacture of any articles m an mdustry speci-fied in the said first schedule has, during the previous year, sold such articles to any other person in india who himself has '0 exported them out of india and evidence is produced before the income-tax officer of such articles having been so exported, the assessee shall\ be entitled to a deduction, from the amount of income-tax with which he is chargeable for the assessment year, of an amount equal to the income-tax calculated at the average rate of income-tax on a sum equal to two per cent of the sale s proceeds receivable by him in respect of such articles from the exporter (b) the total of the deductions under this sub-section shall in no case exceed the amount of income-tax otherwise payable by the assessee 10 (c) nc»hing contained in sub-clause (ii) and sub-clause (iii) 01 clause (a) shall apply,-(i) in relation to--(1) fuels, (2) fertilisers, (3) photographic raw film and 'paper, (4) textiles (including those dyed, printed or otherwise processed) made wholly or in part of jute including jute twine and rope, (5) newsprint, 20 (6) pulp-wood pulp, mechanical, chemical, including dissolving pulp, (7) sugar, (8) vegetable oils and vanaspathi, (9) cement and gypsum products, (10) arms and ammunition, and (11) cigarettes, respectively specified in items 2, 18, 20, 23(2), 24(2), 2(:5), 25, 28, 35, 37 and 38 of the first schedule to the industries (development and regulation) act, 1951; or "5 of 1951 ~(ii) in relation to textiles specified in items 23(1), 23(3), 23(4) and 23(5) of that schedule where such textiles have been exported before the 1st day of march, 1964 (d) the amount of· any profits and gains derived from the export of any goods or merchandise out of india in respect of which dedue-35 tion of income-tax is admissible under sub-clause (i) of clause la) shall be computed in accordance with the rules made by the central board of direct taxes in this behalf (6) in cases in which tax has to be deducted under sections 193 to 195 of the income-tax act at the rates in force, the deduction 40 shall be made at the rates lpecified in part n of the first scbc(lille (7) for the purpoli4!s of this section, and of the rates of income-tax impoted thereby, and pf section 3-(i) the expressions "assessment year", "average i'ate of incom~tax", "non~resident", "partner", and cltotal income" have, unless the context otherwise requires, the meanings respectivel)" s assigned to them under clauses (9), (10), (30), (23) and (45) c;r section 2 of the income-tax act: -(ii) the expression "earned income" means any income ot an assessee who is an individual, hindu undivided family, unregistered firm or other association of persons er body of individuals, 10 whether incorporat~d or not, not being a company, a local authority, a registered firm or a finn assessed under clause (b) of section 183 of the said act-(4) which is chargeable under the head "salaries"; or - , (b) which is chargeable under the head "profits and gains is ot business or profession" where the business or profession i carried on by the assessee or, in the case of a finn, wher ~ the assessee is a partner actively engaged in the conduct of the business or profession; or (c) which is chargeable under the head uincome from 20 other sources" if it is immediately derived from personal exertion or represents a pension or superannuation or other allowance given to the assessee in respect of the past services of any deceased person, or which is chargeable under that head under clause (ia) of sub-section (2) of section 56 25 of the income-tax act; and includes any such income which, though it is the income of another person, is included in the assessee's income under the provisions of the income-tax act, but does not include any such income on which income-tax is not payable under clause (iii) or 30 clause (v) of section 86 of that act or which is exempted from tax under a notificatton issued under sectten 60 of the indian income-tax act, 1922, as continued in force by clause (l) of 11 of 1922 sub-section (2) of section 297 of the income-tax act; (iii) the expression "unearned income" means income which 35 is not "earned income" 3 (1) save as otherwise provided in chapter xxiia of the income-tax act, annuity deposit for the assessment year commencing 011 the lit day of april, 1965 shall be made by every person to whom the provisions of that chapter apply at the rates specified in the 40 second schedule, (2) for the purposes of this section and the second schedule, the expressions "adjusted total income", "annuity deposit" and "depositor" have the meanings respectively assigned to them under clauses (1), (5) and (6) of section 280b of the income-tu act s 4 in section 2 of the income-tax act,--amedcimentot (i) in clause (7), for the words "income-tax or the words "any tax" shall be substituted; super-tax", mctlon 2 (ii) clause (11) shall be omitted; (iii) in clause (18) ,-10 (i) in sub-clause (b) (i), for the words and brackets "held by, the government or a corporation established by a central, state or provincial act or the public (not being a director, or a company to ~hich this clause does not apply) ", the following shall be substituted, namely:-15 iiheld by-(a) the government, or (b) a corporation established by a central, state or provincial act, or (c) any company to which this clause applies or any 20 subsidiary company of such company where such subsidiary company fulfils the conditions laid down in clause (b) of section 108 (hereinafter in this clause referred to as the subsidiary company), or (d) the public (not being a director, or a company to 25 which this clause does not apply)"; (ii) in' clause (i) of explanation 1, after the word "applies", the words "or the subsidiary company of such company" shall be inserted; (iv) in clause (22), after sub-clause (i), the following 30 sub-clause shall be inserted, namely:-"(ia) a distribution made in accordance with s~bclause (c) or sub-clause (d) in so far as such distribution is attributable to the capitalised profits of the company representing bonus shares allotted to its equity shareholders 35 after the 31st day of march, 1964;"; (v) in clause (30), the figures "113" shall be omitted; (vi) for clause (43), the following clauses shan be substiluted, namely :-'(43) "tax" in rfilation to the assessment year cold-40 mencing on the 1st day of april 1965, and any subsequent ahe'ment year means income-tax chargeaqi, under the provisions of this act and in relation to any other assessment year income-tax and super-tax chargeable under the provisions of this act prior to the aforesaid date; (43a) "tax credit certificate" means a tax credit 5 certificate granted to any person in accordance with the provisions of chapter xxiib and any scheme made thereunder;'; (vii) clause (46) shall be omitted 5 in section 8 of the income-tax act-· 10 (i) for the words "for the purposes of inclusion in the total income of an assessee, any dividend", the words, brackets and letter "for the purposes of inclusion in the total income of an assessee,-(a) any dividend" shall be substituted; is (ii) the following clause shall be inserted at the end, namely:-, (b) any interim dividend paid by a company shall be deemed to be the income of the previous year~ln which the amount of such dividend is unconditionally made available 20 by the company to the member who is entitled to it" 6 in section 10 of the income-tax act,-(i) after clause (4), the following clause shall be inserted, namely:-"(4a) in the case of a non-resident, any income from 2s interest on moneys standing to his credit in a non-resident account in any bank in india in accordance with the foreign exchange regulation act 1947 and any rures made there-7 of 1m7 under;"; (ii) in sub-clause (vii) (a) of clause (6),-(a) after the words "such person continues'" the words, figure and letters "with the approval of lhe central government obtained before the 1 st day of october of the relevant assessment year" shall be inserted; (b) for the words "twenty-four months", the wor<w 35 "sixty months" shall be sub~tituted; (iii) for clause (13), the following clause shall be substituted, namely:-"(13) any payment from an approved superannuation _- fund mad~ s 10 is 20 (i) on the death of a beneficiary; or (ii) to an employee in lieu of or in commutation of an annuity on his retirement at or after a specified age or on his becoming incapacitated prior to such retirement; or (iii) by way of refund of contributions on the death of a beneficiary; or (iv) by way of refund 8f contributions to an employee on his leaving the service in connection with which the fund is established otherwise than by retirement at or after a specified age or on his becoming incapacitated prior to such retirement, to the extent to which such payment does not exceed the contributions made prior to the commencement of this act and any interest thereon;"; ·w (iv) after clause (27), the following clause shall be inserted, namely:-"(28) in the case of any p~on granted a tax credit certificate, any amount adjusted or paid to him in respect of such certificate under the provisions of chapter xxiib 25 and any scheme made thereunder" amendment of section 18 'i in section 18 of the income-tax act, in clause (i) of sub-section (1), after the word "government", the words, figures and letters "not being interest payable under section 280d in respect of any annuity deposit made under chapter xxiiau shall be inserted 8 in section 33 of the income-tax act,-30 amendment of (i) in sub-section (1), for clause (iii), the following clause section 38 shall be subs~ituted, namely:-"(iii) in the case· of machinery or plant installed after the 31st day of march, 1961-35 (a) where the machinery or plant is installed after the 31st day of march, 1963 and before the 1st day of april, 1966 for the purposes of business of mining coal, thirty-five per cent of the actual cost of the machinery or plant to the assessee, (b) where the machinery or plant is installed before the lst day of april, 1965 for the purposes of any other b\1siness, twenty per cent, (c) where the"machinery or plant is inatalled after the 31st day of march, 1965-(a) for the purposes of business of construction, manufacture or production of any ode or more of the articles or things specified in the list in the fifth ~ s schedule, twenty-five per cent of the actual cost of the machinery or plant to the assessee, and "'-(b) for the purposes of any other business,-(a) twenty per cent of the actual cost of the machinery or plant to the assessee, where it is 10 installed before the 1st day of april, 1967; and (b) fifteen' per cent of such cost, in any other case " , , (ii) in sub-section (2), for the words, brackets, figures and letter "any allowance under sub-section (1) or sub-section (la)", is wherever they occur, the words, brackets, figures and letters "any allowance under sub-section (1) or sub-section (1a) of thii section or sub-section (1) of section 33a" shall be substituted; (iii) after sub-section (5), the following sub-section shall be inserted, namely:-"(6) notwithstaqding anything contained in the foregoing provisions of this section, no deduction by way of development rebate shall be allowed in respect of any machinery or plant installed after the 31st day of march, 1965 in any office premises or any residential accommodation, including any accommodation in the nature of a guest-house" 2s 9 aft~r section 33 of the in~ome-tax act, the following section shall be inserted, namely:-inaertion old section 33a development allowance '33a (1) in respect of planting of tea bushes on any land in india owned by an assessee who carries on business of growing and manufacturing tea in india, a sum by way of development 30 allowance equivalent to-(i) where tea bushes have been planted on any land not planted at any time with tea bushes or on any land which had been previously abandoned, forty per cent of the actual cost of planting; and 3; s 10 (ii) where tea bushes are planted in replacement of tea bushes that have died or have become permanently useless on any land already planted, twenty per cent of the actual cost of planting, shall, subject to the provisions of this section, be allowed as a ded,uction in respect of the third succeeding previous year next following the previous year in which the land is prepared for planting or replanting, as the case may be: provided that no deduction under clause (i) shall be allowed unless the planting has commenced after the 31st day of march, 1965, and no deduction shall be allowed under clause (ii) unless the planting has commenced after the 31st day c?f march, 1965, and been completed before the 1st day of april, 1970 is 20 (2) where the total income of the assessee assessable for the assessment year relevant to the third succeeding previous year next following the previous year in which the land has been prepared [the total income for this purpose being computed after making the allowance under sub-section (1) or sub-section (la) or clause (ii) of sub-section (2) of section 33 but without making any allowance under sub-section (1) of this section] is nil or is less than the full amount of the development allowance calculated at the rates specified in sub-secti9n (1)-(i) the sum to be allowed by way of development allowance for that assessment year under sub-section (1) shall be only such amount as is sufficient to reduce the said total income to nil' and 30 35 (ii) the amount of the development allowance, to the extent to which it has not been allowed as aforesaid, shall be carried forward to the following assessment year, and the development allowance to be allowed for the following assessment year shall be such amount as is sufficient to reduce the total income of the assessee assessable for that assessment year, computed in the manner aforesaid, to nil, and the balance of the development allowance, if any, still outstanding shall be carried forward to the followine assessment year and so on, so however, that no portion of the develo~ ment allowance shall be carried forward for more than eight assessment years immediately succeeding the assessment year in which the deduction was first allowable erplanation-where for any assessment year development allowance is to be allowed in accordance with the provisions of sub-section (2) in respect of more than one 2248 (b) ls-2 previous year, and the total income of the assessee assessabie for that assessment year [the total income for this purpose being computed after making the allowance under subsection (1) or sub-section (la) or clause (ii) of sub-section (2) of section 33 but without making any allowance under 5 sub-section (1) of this section] is less than the amount of the development allowance due to be made in respect of that assessment year, the following procedure shall be followed, namely :-(i) the allowance under clause (ii) of sub-section (2) 10 of this section shall be made before any allowance under clause (i) of that sub-section is made; and (ii) where an allowance has to be made under clause (ii) of sub-section (2) of this section in respect of amounts carried forward from more than one assessment i, year, the amount carried forward from an earlier assessment year shall be allowed before any amount carried forward from a later assessment year (3) the deduction under sub-section (1) shall be allowed only if the following conditions are fulfilled, namely: -20 (i) the partictilars prescribed in this behalf have been furnished by the assessee; (ii) an amount equal to seventy-five per cent of the development' allowance to be actually allowed is debited to the profit and loss account of the relevant previous year and 25 credited to a reserve account to be utilised by the assessee during a period of eight years next following for the purposes of the business of the undertaking, other than-(a) for distribution by w~y of dividends or profits; ~ 30 (b) for remittance outside india as profits or for the creation of any asset outside india; and (iii) such other conditions as may be prescribed (4) if any such land is sold or otherwise transferred by the assessee to any person at any time before the expiry of eight 35 years from the end of the previous year in which the deduction under su~ction (l) was allowed, any allowance under this section shall be deemed to have been wrongly made for the purposes of this act, and the provisions of sub-section (sa) of section '155 ihall apply accordingly:' 4° s " provided that this sub-~ion, shall~o~ apply-- (i) wh~re the land is sold or otherwise transtmed by the assessee to the government, a local authority, a corporation' establish~ by a central, state or provincial act or a government company as defined in section 617 of the companies act, 1956; or (ii) where the sale or transfer of the land is made in connection with the amalgamation or succession referred to in sub-section (5) or sub-section (6) 10 (5) where in a scheme of amalgamation, a company (hereinafter in this sub-section referred to as the predecessor) sells or ,oth~ise ,transfers to the company formed ~ pursuance of the predecessor's amalgamation with, that company ,(hereinafter in this sub-section referred to as the successor) any land in respect of which development allowance haa been allowed to the predecessor under sub-section (1) ,-, (a) the successor shall continue to fulftl the conditions mentioned in sub-section (3) in respect of the reserve created by the predecessor and in respect of the period within which such land shall not be sold or otherwise transferred and in default of any of these conditions, the provisions of subs~tion(5a) of section 155 shall, apply to the successor as they would have applied to the predecessor had it committed the default; (b) the balance of development allowance, if any, stfll outstanding to the predecessor in respect of such land shall be allowed to the successor in accordance with the provisions of sub-section (2), so however, that the total period· for which the balance of development allowance shall be carried"> ,> forward in the assessments of the predecessor and the successor shall not exceed the period of eight years apecl4ed in ,sub-section (2) and the successor shall be treated as the asseaee in respect of 'such la!ld' 'for the purposea of this section ezplamtion-for the purpoaes of tbia sub-lecttcm, ~amalpmation" shall have the meaning assigned to it in the !zp~ to sub-section (3) of aection 33 (6) where a firm is succeeded to by a company in the busid_, carried on by it as a result of which the firm sells or otherwlle transfers to the company any land on which development allowance has been allowed, the provialons of clau8fll (4) ~ > (b) of > > lub-eectton' (5) ihall, 10 0 far as may be, apply to the ftrm and the company ezplanation-the provisions of this sub-section shall apply if the conditions laid down in the ezplanaticm to sub-eection (4) of section 33 are fu1ft11ed 5 0(7) for the purposes of this section, "actual cost of planting" means the aggregatf! of-(i) the cost of preparing the land; (ii) the cost of seeds, cutting and nurseries; (iii) the cost of planting and replanting; and 10 (iv) the cost of up-keep thereof for the previous year in which the land has been prepared and the three successive previous years next following such previous year, reduced by that portion of the cost, if any, as has been met 'directly or indirectly by any other person or authority: is '0 provided that where such cost exceeds twelve thousand five hundred rupees per hectare in respect of land situate in a hilly area or exceeds ten thousand rupees per hectare in any other area, then the excess shall be ignored (8) the board may, having regard to the elevation and 20 topography, by general or special order, declare any areas to be hiuy areas for the purposes of this section and such order shall not be questioned before any court of law or any other authority' amend ment of eec:dog m 10 in section 34 of th~ income-tax act, in the ezplanation to clause '(i) of sub-section (2), for the words, brackets and figures "is 25 'transferred by a company to a subsidiary company, then, if the 'conditions of clause (iv) of section 47 are satisfied", the following "ilhan be substituted, namely:-"is transferred by a holding ~ompany to its subsidiary eompany or by a subsidiary company to its holding co;-pany, 30 then if the conditions of clause (iv) or, as the case may be, of clause (v) of section 47 are satisfied" ameft4 11 in section 38 of the ineome-tax act, in sub-s~ctfon (1), after mat of iecuon 38elause (viii), the following clause shall be inserted, namely:-"(ix) any expenditure bona fide in~rred by a company for 3' the purpose of, promoting family planning amongst tts employees: provided that where such expenditure or any part thereot is of a capital nature, one-fifth of such expenditure·lhall:be - deducted for the previous year in which it was incurred; and the ba lance thereof shall be deducted in equal instalments for , each of the four immediately succeeding previous years" 12 in section 37 of the income-tax act, in clause (i) of 8ub-section amedd t -t men 0 (2), after the word and figures usection 33", the words, ftgures and section 3'1 letter "or section 33a" shall be inserted in sub-clause (iii) of amendment of section fo 13 in section 40 of the income-tax act, 10 clause (e) ,-(a) in the proviso-(i) after the words, brackets and figure "in sub-clause (;)", the words, brackets and figures "orany··payment of tax referred to in sub-clause (vii)" shall be inserted; i, (ii) after the words, brackets and figures 4'clause (iv) or clause· (11) ", the words, brackets and: figures i'or any expenditure referred to in clause (ix)" shan be inserted; (b) after the proviso, the following proviso shall be inserted, namely:-'provided further that nothing in this sub-clause shad apply to any expenditure which results directly or indirect- ly in the provision of any benefit or amenity or perquisite to an employee whose income chargeable 1,ulderthe head "salaries" is seven thousand five hundred rupees or le1111', 15 14 in section 43 of the income-tax act, in' ·!:xplgnatioft 8 to clause tmt6-(1) and explanation 2 to clause (6), for the words, brackets and :no143 figures "is transferred by a company-to· its subsidiary ·company then, if the conditions of clause (iv) of ·eecttan 47aresaf:iafted", the following shall be substituted, n~e1y :-"is transferred ·by a holding eompany ··to ,its iubsfcuary company or by a subsidiary company to· its ·holdingeompany, then, if the conditions of clause (iv) or, the "'may be of clause (v) of section 47 are satlsfted" am_d-15 in section 47 of the income-tax act, after clause (it,), the :~~ '7 following clause shall be inserted, namely:-" (v) any transfer of a capital asset by a subsidiary company to the holding company h-(a) the whole of the share capital of the subsidiary com-5 pany is held by the holding company, and (b) the holding company is an indian company" 16 in section 49 of the income-tax act,-(i) in sub-clause (e) of clause (iii), after the word, brackets and figures "clause (iv)", the words, brackets and ftgure "or 10 clause (v)" shall be inserted; (ii) at the end, the following explanation shall be added, namely:-te:cplanation-in this section the expression "previous owner of the property" in relation to any capital asset 15 owned by an assessee means the last previous owner of the capital asset who acquired it by a mode of acquisition other than that referred to in clause (i) or clause (ii) or clause (iii) of this section' insertiod of new section ma relief of tax on capital laids in certain ca8m 17 after section 54 of the income-tax act, the following section 20 shall be inserted, namely:-'ma (1) where in the case of an assessee, being an individual who is not a citizen of india or being a company which is not an indian company, a capital gain arises from the transfer of a capital asset, being shares in an indian company, and the 25 assessee has, within a period of two years from the date' of such transfer, re-invested the full value of the consideration or any part th~reof received or accruing as a result of such transfer in an investment approved by the central government in this behalf (hereinafter in this section referred to as the approved 30 i~vestment), the assessee shall, subject to the provisions of subsection (3), be entitled to a credit of a ~m calculated in accor~, anee with the provisions of sub-section (2) (2) the amount to be given as credit under sub-section (1) shall be a sum which bears to the amount of income-tax 35 payable by the assessee on the income chargeable under the head "capital gains" arising from the transfer referred to in sub-section (1) the same proportion as the amount invested in the approved investment as reduced by the cost of acquisition [as ascertained for the purposes of clause (ii) of section 48] 40 of the transferred shares bears to the capital gains aris~nl from loch transfer (3) the amount of credit so calculated shan be liven in the following manner, namely:-(a) u the approved investment is made by the assessee within the period of two years aforesaid and before the completion of the assessment in respect of the year in 'which the income arising from such transfer is chargeable to tax, the amount of the credit shall, on the assessee making a claim in this behalf in the prescribed form and in the prescribed manner, be adjusted against the tax payable by the assessee in respect of that assessment year, and [0 (b) if the approved investment is made by the assessee within the period of two years aforesaid but after the assessment for the relevant year is made, the amount of the credit shall, on the assessee making a claim in the prescribed form and in the prescribed manner be deemed to be refund due to the assessee under chapter xix and all the provisions of this act shall apply accordingly' 18 in section 56 of the income-tax act, in sub-section (2), after amend clause (i), the following clause shall be inserted, namely:-=:o:~ ao ,e (ia) income referred to in sub-clause (viii) of clause (24) of section 2;" 19 after section 69a of the income-tax act, the following inaertiod section shall be inserted under the sub-heading n aggregation of :!ct~:: income", namely:-698 )s"6gb iwhere in any financial year the assessee baa made in- amount of vestments or is found to be the owner of any bullion, j-ewellen 1ilvenor other valuable article, and the income-tax officer finds th~t :;,~n~3;c", the amount expended on making such investments or in ac disclosed in " " h bull" 11 h books ot qulrmg suc lon, jewe ery or ot er valuable article ex- account ceeds the amount recorded in this behalf in the books of ac count maintained by the assessee for any source of income, and, the assessee offers no explanation about such excess amount or the ,explanation offered by him is not, in the opinion of the income-tax officer, satisfactory, the excess amount may be 'deemed to be the income of the assessee for such financial year" ii after sect~n 80 of the income-tax act the following chapter and sections shall be inserted, namely:- 'chapter via deductions to be made in computing total incomeboa (1) in computing the total income ()f an assessee there , shall be deducted, in accordance with and subject to the provisions of this section, an amount equal to fifty per cent of the aggregate of the sums i:»pecified in sub-section (2) (2) the sums referred to in sub-section (1) shall be the following, namely:-10 (a) where the assessee is an individual, any sums paid in the previous year by the assessee out of his income chargeable to tax-(i) to effect or to keep in force an insurance on the life of the assessee or on the life of the wife or husband is ot the assessee; or (ii) to effect or to keep in force a contract {or a deferred annuity on the lile of the assessee or on the life of the wife or husband of the assessee; or (iii) as a contribution to any provident fund to 20 which the provident funds act, 1925 applies; 19 of 192! ~ f; (b) where the assessee is a hindu undivided family, any sums paid in the previous year by the assessee out of its income chargeable to tax, to effect or to j:teep in force an insurance on the life of any male member of the family 25 or of the wife of any such member; (c) any sum deducted in the previous year from the salary payable by or on behalf of the government to any individual, being a sum deducted in accordance with the conditions of his service, for the purpose of securing to hml 30 a deferred annuity or m~king provision for qis wife 01 children, in so far as the sum so deducted does not exceed one-fifth of the salary; (d) if the assessee is an employee participating in a recognized provident fund, his own contributions to his individual account in the fund in the previous year, to the extent 35 provided in rule 7 of part a of the fourth schedule; (e) if the assessee is an employee participating in an _pproved superannuation fund, any sum paid in the previous year by him by way of contribution towards the super- 40 annuation fund; <f) where the assesse~, is an individual, any sums deposited, in the previous year by the assessee out of his income chargeable to tax, in a ten-year account or a fifteen-year account under the post office savings bank (cumulative time deposits) rules, 1959, as amended from time to time (3) the provisions of clauses (a) and (b) of sub-section (2) shall apply only to so much of any premium or other payment made on a policy other than a contract for a deferred annuity as is not in excess of ten per cent of the actual capital iwi1 10 assured explanation-in calculating any such capital sum, do account shall be taken-(i) of the value of any premiums agreed to be retum~ or 15 (ii) of any benefit by way of bonus or otherwise over and above the sum actually assured, which is to be or may be receiv-ed under the policy by any person (4) the aggregate of the sums referred to in sub-section (2), which qualifies for the purposes of computing the deduction referred to in sub-section (1), shall not exceed-20 (i) in the case of an individual' being an author, playwright, artist, musician or a-etor, such percentage of his total income, as computed before making any deduction under this chapter and before deduction of any amount of annuity deposit under section 2800, or such amount, as ~y be prescribed: provided that such individual has effected an insurance referred to in sub-clause (i) of clause (a) of sub-sectign (2) prior to the 1st day of march, 1964 and has paid any sum in the previous year to keep in force such insurance; 53 (ii) in the case of any other individual [including an authqr, play-wright, artist,~ldusician or actor to whom the provisions of clause (i) do not apply], twenty-five per cent of the total income, as computed before making any deduction under this chapter and before deduction of any amount of annuity deposit under section 2800, or twelve thousand five hundred rupees, whichever is less; (iii) in the case of a hindu undivided family, twenty-five per cent of its total income, as computed before making any deduction under this chapter and before deduction of any amount of annuity deposit under section 2800, or twenty-five thousand rupees, whichever is less 2248 (b) ls-3 (5) if the total income of the assessee includes any incom~ chargeable under the head "salaries", the deduction under subsection (1) shall be made in computing the income under that head, and if there is no income chargeable under that head, or if the amount required to be deducted exceeds such income, the whole s or the balance of the amount required to be deducted shall be allowed as a deduction in computing earned income chargeable under any other head, and, if there is no earned income chargeable under any other head or the whole or the balance of the amount required to be deducted exceeds such earned income, the whole 10 or the balance of the amount required to be deducted shall be allowed as a deduction in computing any other income under any head ,(6) this section shall apply in respect of-(i) the assessment year commencjng on the 1st day of is april, 1966 and any subsequent assessment year, in the case of an assessee whose total income includes any income chargeable under the head "salaries" from which tax is deducted, or deductible, at source in accordance with the provisions of section 192; and 20 (ii) the assessment year commencing on the 1st day of april, 1965 and any subsequent ass~ssment year, in the ~ of any other assessee deducuon i in respect ofmedlcal1 treatment i etc •• of handi-capped sob (1) where an assessee who is resident in india, being an individual or hindu undivided family, who has, during the 2s previous year, incurred out of his or its income chargeable to income-tax, any expenditure for the medical treatment (including nursing) of a person who-i pei'ioda ! (a) is a relative of the individual, or, as the case may be, is a member of the hindu undivided family and is not 30 dependent on any person other than such individual or hindu undivided family for his support o~ maintenance, and _', (b) is suffering from a physical or mental disability which is certified by a registered medical practitioner to have the e1fect of reducing considerably such person's 3s capacity for normal work or engaging in a gainful employment (hereinafter in this section referred to as handicapped dependant) , me assessee shall, subject to the provisions of this section, be allowed a deduction of the amount specified in sub-section (2) 40 in the computation of his total income in respect of the previoul year (2) the deduction under sub-section (1) shall be-s (i) in a case where the handicapped dependant has been admitted in a hospital or a nursing home or any medical institution for a period of one hundred and eighty-two days or more during the pr,evious year and fees and charges for his medical treatment (including nursing) are payable to such hospital or nursing home or medical institution, as the case may be, a sum of two thousand four hundred rupees, or (ii) in any other case, a sum of six hundred rupees, 10 as reduced, in either case, by an amount equal to the income, if any, of the handicapped dependant in respect of the previous year : provided that where the assessee has, during the previous year, incurred expenditure on more than one handicapoed is de~ndant, the deduction under sub-section (1) shall be allowed only with reference to one such handicapped dependant as may be chosen by the assessee 20 (3) if the total income of the assessee includes any earned income', the allowance referred to in sub-section (1) shall be made in computing the earned income chargeable under any head, and if there is no such income -er the amount of the allowance exceeds such income, the whole or the balance of mlch amount as the case may be, shall be allowed as a deduction in computing the assessee's unearned income chargeable under any head (4) nothing contained in this section shall apply in a casp where the assessee,'s total income in respect of the previous year 30 3s computed before making any deduction under this chapter and before deduction of any amount of annuity deposit under section 2800 exceeds twenty thousand rupees or where the income of the handicapped dependant in respect of the previous year exceeds two thousand four hundred rupees, or as the case may be, six hundred rupees 3s roc (1) where in the ca«;e of an asressee, beinlt an relief individu;tl who is a citizen of india and is resident in tndia, :~~lo his rhare in the' income of a registered firm which renders for ri secu nr proferslonal s~nrfce as chartered accountant, solicitor, lawver, retirement architect, or such other professional service as may be notified annuities in this behalf by the central government in the oftlcial gazette ie; charg~able to tax and he has paid out of his income chargeable to tax a premium (by whatever name called) in any previous year under an amiuity contract for the time being approved by the commissioner as having for its main object the provision for the individual of a life annuity in old age (hereinafter in this section referred to as qualifying premium) , then the assessee shall, subject to the provisions of this section, be allowed a 5 deduction of the amount of the qualifying premium in the computation of his total income in respect of the previous year: provided that the amount which may be 10 deducted ~ha11 110t exceed the sum of five thousand rupees or one-tenth of his total income for that year, whichever is less: 10-provided further that any annuity payable to the individual shall be deemed to be his earned income to the extent to which it is attributable to the amount in respect of which deduction h3s been allowed under this section and chargeable to tax accordingly is erplanation-for the purposes of the first proviso "total income" means the total income computed in accordance with the provisions of this act, before making any deduction under this chaptet and before deduction of any amount of annuity ~i deposit under section 2800 but excluding any income which 20 would otherwise be included in his total income under the provisions of section 64 (2) subject to sub-section (3) and any rules made by the board in this behalf, the commissioner shall not approve a contract unless he is satisfied that it does not-25 (a) provide for the payment durin(! the life of the individual of any sum except sums payable by way of annuity to the individual; or (b) provide for the annuity payable to the individual to eommence before he attains the age of fifty-eight or after 30 he attains the age of sixty-eight; or (e) provide for the payment of any other sums except sums payable by way of annuity to the individual's widow or widower and any sums which in the event of no annuity becoming payable either to the individual or to· a widow or 35 widower of thp individual are payable to the individual's legal representative, by w~v of return of premiums, by way of reasonable interest on premiums and by way of bonus out of profits; or '(d) provide for the payment of annuity, if any, payable 40 to a widow or widower of the individu~l to be of a greater annual amount than that paid or payable to the individual; or (e) provide for the payment of any annuity otherwise than for the life of the annuitant; and that it does fnclud~ a provision that no annuity payable under it shall be capable in whole or in part of surrender, s commutation or assignment (3) the commissioner may, if he thinks ftt, and subject to any conditions the board may, by rules, prescribe and subject to any conditions he thinks proper to impose, approve a contract notwithstanding that the contract provides for one or more ot 10 ·the following matters, that is to say,-(a) for the payment after the individual's death of an annui~ to a dependant other than the widow or widower of the individual; (b) for the payment to the individual of an annuity 15 commencing before he attains the age of fifty-efght, if the ann':lity is payable on his becoming incapable through infirmity of mind or body of being actively engaged in his profession or any profession of a similar nature for which he is trained or fttted; 20 (c) for the annuity payable to any person to continue for a specifted ,term (not exceeding mn years), notwithcrtand ing his death within that term; (d) in the case of an annuity which is to continue for such specifted term, for the annuity to be assignable by wid 25 (4) the foregoing provisions of this section shan apply in relation to a contribution (by whatever name called) to d fund approved by the commission~r as they apply in relatlon to any premium under ad annuity contract so approved provided the fund satisftes also the conditions set out below and any nther 30 conditions which the board may by rules prescribe namely:-(a) the fund shall be a fund established in india under an irrevocable trust for the benefit of individuals enpged in any profession referred to in sub-section (1); (b) the fun~ shall have for its sole purpose the provisinn 35 of annuities for individuals engaged in such profession on attaining a specified age or on their becoming incapacitated prior to attaining such age or for the widow, children or dependants of such persons on their death; (c) an annuities, pensions and other benefits granted \0 from the fund shan be payable only in india ________ (5) the commissioner diby, at any time, after giving a reasonable opportund~ of sho~g cause agaburt the proposed withdrawal to the persons by and to whom premiums are payable under any contract for the time being approved under this section, or to the trustees of any fund so approved, withdraw the approval 5 (6) notwithstanding anything contained in sub-sections (1) and (4), no deduction under this section shall be adowed in the case of any individual-(i) whose total income includes unearned income of more than ten thousand rupees; or 10 (ii) who is entitled to any pension or participating in any pension or superannuation scheme (7) the allowance under this section shan be made hi computing the earned income of the assessee included in the total income, so however, that the allowance shall not in any cue is exc~d the amount of the income computed under the head "profits and gains of business or profession" (8) any annuity payable under an approved contract referred to in sub-section (1) or from any fund referred to in sub-aeetiod (4), to a person other than the individual who pays the premium 20 or makes the contribution lifld any interest on premiums or bonus out of profits payable to such person, shan be deemed to be his unearned income to the extent it is attributable to the amount of deduction allowed under sub-section (1) and chargeable to tax accordingly 25 (9) where any payment by way of annuity or otherwise is made by a person to whom premiums or contributions are payable under sub-section (1) or sub-section (4), such person shall, subject to any rules made by the board in this behalf, deduct from the total amount so paid during any financial year, tax at 30 such pate or rates in forcea that year as would be applicable to such amount, if it were the total income and shall pay the amount so deducted to the credit of the central government within the prescribed time and in such manner as the board may direct and the provisions of section 201 shall, so far as may be, 35 apply to s~ch person if he does not deduct, or after deducting fails to pay, such tax (10) where a deduction under this section is claimed and allowed for any assessment year in respect of any payment, relief shall not be given in respect of it unds- any other provision ot 40 this act for the same or a later assessment year 'dor (in the case of paymmt under an annuity contract) in respect of any other premium or consideration for an annuity under the same contract (ll) (4) the board may, by notification in the official gazette, make rules for carrying out the purposes of this section (b) in particular and without prejudice to the generality of the forel0ing power, such rules may-(i) prescribe the statements and other information to be submitted along with an application for approval; , (ii) prescribe the returns, statements, particulars or " information which the income-tax officer may require from a person by and to whom premiums or contributions are payable under this section; (iii) provide for the assessment by way of penalty of any consideration received by an individual for an assign-j s ment of, or creation of a charge upon, any annuity or other sum receivable by him under any contract or from any fund approved for the time being under this section; and (iu) provide for securing such further control over the approval granted under this section and administration 01 funds approved under this section as it may deem requisite: i~ sod in this chapter-detlni-(i) "relative" in relation to an individual meanstiodi (a) the mother, father, husband or wife of the individual, or (b) a son, daughter, brother, sister, nephew or niece os the individual, or (c) a grandson or grand-daughter of the individual, or , 30 (d) the spouse of any person referred to in sub- clause (b); (ii) "income" in relation to a handicapped dependant means the aggregate income of such person from all sourcesj (iii) the expressions "earned income" and "unearned income" shan have the meanings respectively assigned to 35 them in the finance act of the relevant year' amendment of mctionln 11 in section 84 of the income-tax act, in sub-section (6), for the word, figures and letter "chapter xi-d", the word and figures "chapter xi" shall be lubltituted d after sectwip 85 of the income-tax act, the followina section shall be inserted, namely :-"s5a where the total income of an assessee being a com· pany includes any income by way of dividends received by it from an indian company or a company which has made the s prescribed arrangements for the declaration and payment 01 dividends (including dividends on preference shares) within india, the assessee shall be entiued to a deduction from the income-tax with which it is chargeable on its total income for any assessment year of so much of the amount of income-tax calculated at the 10 average rate of income-tax on the income so included as exceeds an amount of twenty-five per cent thereof: provided that in the case of a company which has not made the prescribed arrangements for the declaration and payment of dividends within india and whose total income include& is any income by way of dividends received by it from an indian company which is not such a company as is referred to in sec· tion 108 and which is wholly or mainly engaged in the business of generation or distribution of electricity or of construction, manufacture or production of anyone or more of the articles or :!o things specified in the list in paragraph 2 of the third schedule to the companies (profits) surtax act, 1964, the amount of 7 of 1964 income-tax deductible under this section shall be so much of the amount of income-tax calculated at the average rate of incometax on the income so included as exceeds an amount of fifteen 25 per cent thereot 7 of 1964 explanation-for the purpos~s of this section, a company shall be deemed to be mainly engaged in the business of genera· tion or distribution of electricity or of construction, manufacture or production of an)' one or more of the articles or things specijied 30 in the list in paragraph 2 of the third schedule to the companies (profits) surtax act, 1964, if the income attributable to any of the aforesai~ctivities included in its total income for the previous year is not less than fifty-one per cent of such total income" 35 23 in section 86 of the income-tax act, clauses (i) and (ii) shall be omitted 24 in chapter vii of the income-tax act, after section 86, the following section shall be inserted, namely:-"86a where there is included in the total income of an 40 assessee-amendment of section 86 insertion of new aection b6a deduction from tax od certain hcul'lt1el (i) the interest due on any security of the central government issued or declared to be income-tax free, or (ii) the interest due on any security of a state government issued income-tax free, the ir,come-tax whereon ia payable by the state government, - the assessee shan be entitled to a deduction from the amount " 5 ,pf income-tax with which he is chargeable on his total income, of an· amount equal to the income-tax calculated on the amount 10 inclu~ed at the average rate of income-tax or at the rate ot tw'enty-five per cent, whichever is less" 15 in section 87 ~f the income-tax act,- ~t ~ 10 (i) in sub-section (4), the words, figures and letter "together iectioi1i'7 "!vjth the amount of super-tax deductible under section 99a" shall be omitted; (ii) after sub-section (4), the following sub-section- shall be inserted, namely:-15 '(5) this section shall not apply in respect of-20: - (i) the assesmen t year commencing on the 1st day of april, 1966 and any subsequent assessment year, in the case of an assessee whose total income includes any income chargeable under the head "salaries" from which tax is deducted, or deductible, at source ill accordance with the provisions o~ section 192; and (ii) the assessment year commencing on the lst day of april, 1965 and any subsequent assessment year in' the case of any other assessee' 26 in section 88 of the income-tax act,-amend-(i) in sub-section (1), for the words "of an amount equal =~ to the income-~x calculated at the average rate of income-tax on any sums paid by him in the preyious year", the' following shall be substituted, namely:-30 "(a) where the assessee is a company, of an amount ·equal to the income-tax calculated at the average' rate ot income-tax or at the rate of twenty-five per cent, whichever is less, and " ," ~ " 1) ',', , (b) i~ the case of any other assessee, of an amount equal 35 }~ th~ income-tax calculated at the average rate of incomefax, " on any sums paid by the assessee in the previous year"; , (ii) in sub-section (3), after the first proviso, tlie fellowtac proviso shall be inserted, namely:-,~o "provided further that where any ucla iuiiw paid ciurinl any previous year reltot to tile •• , is went ,ear 2248(b):rs-4 commencing on the 1st day of april, 1965 or any subsequent assessdient year include any donation referred to in 1ubsection (6), and such sums exceed the limit of two hundred thousand rupees specified in the first proviso, then such limit shall be raised to cover that portion of the donation which s is equal to the difference between such sums and the said limit, so however, that the limit so raised shall dot exceed ten per cent of the assessee's total income as reclueed as aforesaid or five hundred thousand rupees, whichever is less :"; 10 (iii) in sub-section (4), the words and ftgures "together with the amount of super-tax deductible under section 100" shall 1m! omitted; (iv) in sub-section (6) ,-(a) for the words "any temple, mosque, gurdwara, 15 church or any other place", the words "any such temple, mosque, gurdwara, church or other place" shan be, add iba1l be deemed always to have been, substituted; (b) after the words "artistic importance", the words "or to be a place of public worship of renown throughout ~ any state or states" shall be inserted 27 in section 90 of the income-tax act, in clause (a), the brackets and words "(including super-tax)" shall be omitted amendmeat of section 90 !s in section 91 of the income-tax act, in clause (i) of the explanation, the words "and super-tax" shall be omitted 25 amend~ ment of section 91 29 in chapter 'xi of the income-tax act,-(i) for the heading "super-tax", the heading "almm:oxal amendment of chapter xl income-tax on undistmltrfm propits" shall be substituted; iii) sub-headings "a-s:generaz", "b-17lc:olm fonnj"i1 pcrt of total income on which no super-teu: is p4114ble", "c-rebete of 30 supet-tax"~d "d-additi07l41 super-tax oft undimibuted pro- ff,ts" and sections 95 to 103 (both inclusive) shall be omitted 30 in section 104 of the income-tax act, in sub-segtion (1),-amendment of section 104 (i) for the word "super-tax", the word "income-tax" shan be substituted; (u)fn clause (a) ,the word "and" shall be omitted; (iii) for the brackets, letter and words" (b) thirty-seven per cent in the case of any other company", the following shall be iubstituted, namely:-"(b) thirty-seven per cent __ in the case of a trading " company, and ' (c) twenty-five per cent in the case of any other company" 11 in section 109 of the income-tax act,-amendment of aec:t1on lot 10 (i) in sub-clause (a) of clause (i) the words "and supertax" shall be omitted and for the words "any super-tax", the words "any income-tax" shall be substituted; (ii) after clause (ii), the following clause shall be inserted, namely:-'(iicz) "trading company" means a company whose bus i-is ness consists wholly or mainly in dealing in goods or merchandise manufactured, produced or processed by a person other than that company and whose incomeattriltutable to such business included in its total income is not less than flfty-one per cent of the amount of such total income;'; 20 tai) in clause (iii), to sub-clause (4) (4), the following proviso shall be added, namely:-'provided that in the case of such company, not being a trading company, sub-clause (a) shall have effect as if for the word "exceed", the words "exceed twice the 25 amount of" were substituted' u for section 110 of the income-tax act, the following section shall be substituted, namely:-subatitu-, tionofnew seetlon for ~onll0~' "110 where there is included in the total income of an aaessee any income on which no income-tax is payable under 30 the provisions of this act, the assessee shall be entitled to a deduction, from the amount of income-tax with which h chargeable on his total income, of an amoubt equal to the income-tax calculated at the average rate of income-tax on the amount on which no income-tax is payable" determination of tax where total ' ineeme includes income on which no taxis payable 3s 13 in section 111 of the income-tax act, for the words "income- amendtax and luper-tax", the word "tax" shall be substituted =~:~1l, 14 in sectism 112 of the income-tax act,-amend-(i) in clause (i), for the word "income-tax", the word "tax" ment of shall be substituted; section 112 (ii) clause (ii) shall be omitted; (iii) in clause (iii), for the words "income-tax and· supertax", the word "tax" shall be substituted 35 section 113 of the income-tax act shall be omitted omission of hction 11336 in section 114 of the income-tax act,-amendment of mction 114 (i) the words "and super-tax", wherever they occur, shall he omitted; (ii) in clause (b)-(a) in sub-clause (i), the words "and the average rate of super-tax: respectively" shall be omitted; 10 (b) in sub-clause (ii), after the second proviso, the following proviso shan be ipserted, namely:-"provided further~hat the amount of income-tax so calculated in respect otthe capital gains relating to bonus shares, if any, chargeable under sub-section (2)'8f section 15 45, shall be reduced by an amount equal to ten per cent of the face value of such bonus shares or the amount of income-tax so calculated, whichever is less"; and (c) the words "and three-fourths of the average rate of super-tax respectively", "and one-half of the average rate o~ 20 super-tax respectively" and "and average rate of super-tax" shall be omitted sm-tin-37 for section 115 of the income-tax act, the following section tiou·ofuew shall be substituted, namely:-mction for mdiod 115 tax on c:r!~ i in cue of oompanl • '115 where the total income of a company includes any 25 income chargeable under the head "capital gains" (whether such l" gains relate to short-term capital assets or to other capi~al assets), the income-tax payable-by it -shall be the aggregate of-(i) the amount of income-tax calculated at the rate of twelve and a half per cent on the amount of capital gains 30 relating to bonus shares, if any, chargeable under sub-section (2) of section 45 as reduced by an amount equal to ten per cent of the face value of such bonus shares; so howe~r, that the reduction shall in no case exceed the amouht of income-tax so calculated; 35 (ii) the amount of income-tax ca1c~ated on the amount ot capital gains relating to capital assets other than short-term capital assets included in the total income-(a) at the rate of corty per cent on 80 much of the amo~t of such capital gains as relate to buildings or lands or any rights in buildings or lands; and s (b) at the rate of thirty per cent on the balance of such capital gains, if any [excluding capital gains, if any, referred to in clause (i)]; and (iii) the amount of income-tax with which it would have been chargeable had its total income been reduced by the 10 amount of capital gains referred to in clauses (i) and (io' 38 in section 131 of the income-tax act, after the words "appellate ~::td~f assistant cqmmissioner'\ the words "inspecting assistant commis- ecuod 131 sioner" shall be inserted 39 in section 155 !jf the income-tax act,-amendment of section 155 is (i) after sub-section (5), the following sub-section shall be inserted, namely:-20 "(sa) where an allowance by way of development allowance has been made wholly or partly to an assessee in respect of the cost of planting in any area in any assessment year und2r section 33a and subsequently-1 of ih8 (i) at any time before the expiry of eight years from the end of the previous year in which such allowance was made, the land is sold or otherwise transferred by the assessee to any person other than the government, a local authority, a corporation established by a central, state or provincial act or a government company as defined in section 617 of the companies act, 1956, or in connection with any amalgamation or succession referred to in sub-section (5) or sub-section (6) of section 33a; or (ii) at any ~ime before the expiry of the eight years referred to in sub-section (3) of section 33a, the assessee utilises the amount credited to the reserve account under clause (ii) of that sub-section-3s (a) for distribution by way of dividends or profits; or (b) for remittance outside india as profits or for the creation of any asset outside india; or (c) for any other purpose which is not a purpose of the business of the undertaking, the development allowance originally allowed shall be deemed to have been wrongly allowed, and the incometax officer may, notwithstanding anything contained in -- - this act,· recompute the total income of the assessee {or the relevant previous year and make the necessary s amendment; and the provisions of section 154 shall, 80 far as may be, apply thereto, the period of four years specified in sub-section (7) of that section being reckoned from the ebd of the previous year in which the sale or transfer took place or the money was so utilised"; 10 (ii) in sulwection (7), for the words "the super-tax", the words "the tax" shan be substituted co in section 164 of the income-tax act, the words "or total world - income" shall be omitted amend· ment of section 164 am end-41 in section 178 of thp income-tax act, for sub-sections (3) and is ment of section 178 (4), the iollowing sub-sections shall be substituted, namely:-"(3) the liquidator-(4) shall not, without the leave of the commis&ioner, part with any of the assets of the company or the properues in his hands until he has been notified by the income-tax 20 officer under sub-section (2); and (b) on being so notified, shall set aside an aj80udt eq~ to the amount notified and, until he so sets aside such amount, shall not part with any of the assets of the company or the properties in his hands: 2s pro'nded that nothinli( cont'1ined in this sub-section !lhall debar the liquidator from partin~with such assets or properti~ for the purpose of the payment of the tax payable by the company or for m~kiny any payment to secured creditors whose debts are entitled under law to priority of payment over debts 30 due to government on the date of liquidation or for meeting such costs and expenses of the winding up of the company as are in the' opinion of the commissioner reasonable ' (4) if the liquidator fails to give the notice in accordance with sub-section (1) or fails to set aside the amou,nt as required by sub- 3s section (3) or part; with any of the assets of the company or thl!' properties in hi$ hands in contravention of the provisions of that sub-section, he shall be personally liable for the payment of the tax which the compatj~· would be liable to pay: provided that if the amount of any tax payable by the com- 40 paly is notified under sub-s~ction (2), the personal liability of the liquidator under this ~ub-section shall be to the extent of such &mount" a in section 181 of the lncome-tax act, after the words "tax free", amelldment of ig-~tthe followin~ words s~al1 be inserted namely: -teetiod iii "at such rate not exceedin~ twenty-five per cent as may be notified by the central government in the official gazette from 5 time to time" g in section 191 of the income-tax act, the brackets and figure am_dmeat of "(1)'~ and sub-secti~n 2) slj,all be omitted ledloa 181 "- in section 192 or the income-tax act,-amendment v! section 19~ 10 (i) in sub-section (1), the words "and super-tax" and the words "and average rate of super-tax respectively" shall 'b~ omitted; (ii) sub-seeb~r (2) shall be omitted; (iii) in sub-section (3), the words, brackets and fig~re "~r sub-section (2)" shall be omitted; is (iv) in sub-section (5), for the words "income-tax and suflertax", the word "tax" shall be substi~uted; (v) in the expzaflation, the words, brackets and figure "subsection (2), and in'~ shall be omitted 45 in section 193 of the income-tax act, the words "and super- amend-20 tax" shan be omitted ment ot ftobi1 ~ section b,, ta in section 194 of the income-tax act, the words "and super-tax" amendment ~f and the words "or the total world income" shall be omitted seetlon um 47 in section 195 of the income-tax act, in sub-section (1), the amendment -01 words "and super-tax", wherever they occur, shall be omitted iedlad iii • in section 197 of the income-tax act,-amendment ot section u" (i) in sub-section (1) ,-30 (a) the words "or super-tax", wherever they occur, and the words "or the total world income" shall be oplitted; (b) in clause (b), for the word "super-tax", the word "income-tax" shall be substituted; (ii) in sub-section (2), the words uand super-tax" shall be omitted; (iii) in sub-section (3) ,-(a) for the words and flgures "sections 84 and 101" the 35 word and flgures "section 84" shall be substituted: (b) the words, brackets and figures "and sub-section (2) ef section 101" shall be omitted; (c) for the words and figures "sections 85 and 101 "_ the word and figures "section 85~' shall be substituted amend-49 in section 199 bf the income-tax act, for the words "incomement of sec:tiod 189 tax or super-tax, as the case may be", the word "tax" shall be substituted 5 50 in section 203 of the income-tax act, for the words "incometax or super-tax", wherever they occur, the word "tax" shall be substituted amend-51 in section 206 of the income-tax act, in clause (c) of subment of sec:tion 201 section (1), the words "and super-tax" shall be omit~ed 1'0 52 in section 209 of the income-tax act,-amendmentof sectiod" (i) in clause (a),-(a) in sub-clauses (ii) and (iii), the words "and supertax", wherever they occur, shall be omitted; (b) in sub-clause (iv), the words "and super-tax" and is the brackets and letter "(b)" shall be omitted; (ii) clause (b) shall be omitted; (iii) in the explanation, for the words, brackets and letters "clauses (a) and (b)", the word brackets and letter c4clause (a)" shall be substituted 20 53 in sections 213 to 217, 220, 243 and 244 of the income-tax act, {or the words "four per cent", the words usix per cent" shall, be substituted 54 in section 226 of the income-tax act, for sub-section (5), the following sub-sedion shall be substituted, namely:-2s amendmentof sectlcma 211 to 217, 220, 243 andm4 amendment of section 228 "(5) the income-tax officer may, if so authorised, by the commissioner'by general or speciai order, recover any an"ears of tax due from a"'l assessee by distraint and sale !l{ bis ,movable property in the manner laid down in the third schedule" 55 in section 235 c! the income-tax act for clause (~), th~ 30 followin~ clause shall l:c substituted namely:- (b) where the shareholder-, (i) is not a company, the amount of income-tax payable by him ~der thih act but not exceedinj( income-tax calculated at the r"te of twenty-ive per ent and (ii) is a company, twenty-five per'cent, on that portion of the dividend which is attributable to the profit;; of the company as~essed to agricultural income-tax," amendment of section 238 56 in section 236 of the income-tax act, in clause (iii) of explana-5 tion 2, for the words and figures "sections 88 and 100", the word and figures "section 88" shah be substituted 57 in section 236a of the income-tax act, in sub-section (2) for amendment of the word "super-tax" the word ··tax" shall be substituted sectiol'l 236a 58 after section 276 of the income-tax act, the following section insertiod 10 shall be inserted, namely: -~!e~::' 276a "276a if a person, without reasonable cause or excuse,-(i) fails to give the notice in accordance with sub-section (1) of section 178; or failure to comply with the - provisions of subsections (1) and - (3) of section 1 '1a 15 (ii) fails to set aside the amount as required by subsection (3) of that section; or (iii) parts with any of the assets of the company or the properties in hjs hands in contravention of the provisions of the aforesaid ~~ub-section, he shall be punishable with rigorous imprisonment for a term 2 which may exten~ to two years: provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shcll1 not be for less than six months" 59 in section 279-of the income-tax act, in sub-section (1), after amend-25 the word and figures "section 276", the words figures and letter "er ~ti~;k section 276a" shall be inserted 60 in section 280p of the income-tax act, the words "and super- amendment of tax" shall be omitted section 280p 61 in section 28cx of the income-tax act, in sub-section (2' the amendment of 30 hrackets and words "(but not super-tax)" shall be omitted section 280x 2248 (b) ls-5 n after sect~on 280x of the incom~tax act, the following chapter and sections shall be inserted, namely:- 'chapter xxiib tax credit certj:ncates280y in this chapter,-s meenitiona (a) "eligible issue of capital" means an issue of ordinary shares specified as such ill the scheme; (b) "public company" means a public company as defined in section 3 of the companies act, 1956; (e) "scheme" means a scheme made under this chapter; 10 (d) "urban area" means any area which the centraj government may, having regard to the population, concen· tration of industries, need for proper planning of the area and other relevant factors, by general or special order, declare to be an urban area for the purposes of this chapter 15 ~u:credit ieertiftcates to certain _uity pare-,clders 280z (1) an individual shall be granted a tax credit certificate if he by himself or some other person on his behalf has subscribed to, and made payments in respect of, any eligible issue of capital (2) a hindu undivided family shall also be granted a tax 20 credit certificate if any person has subscribed to, and made payments in respect of, any eligible issue of capital on behalf of that hindu undivided family (3) a tax credit certificate granted under the provisions of this section shall be for the amount or the aggregate of the ~s amounts computed as hereunder with reference to the capital so subscribed and paid: -2t the rate of 5 per cent; 30 (i) on the first rs 15,000 of the amount paid in the financial year ' at the rate of 3 per cent; (ii) on the next rs 10,000 of the amount paid in the financial year at the rate of 2 per cent; (iii) on the next rs 10,000 of the amount paid in the financial year nil (iv) on the balance of the amount paid in the financiaj year ezplanation-for the purposes of ,this section, a payment shall be treated as having been made to the extent to which and on the date on which the amount of the said payment has been credited to the share capital account-of the company (4) a tax credit certificate for the amount specified in subsection (3) shall be gra_nted to an individual or hindu undivided family in respect 01-(a) the financial year in which payment by way of subscription to an eligible issue of capital was made, and jo (b) each of the three financial years following that year: provided that the capital continues to be held by or on behalf of the individual or on behalf of the hindu undivided family, as the case may be, until the end of the relevant financial year: 20 provided further that where any part of the capital in respect of which a tax credit certificate had been granted in a financial year (hereinafter referred to as the earlier financial ye~r) is sold, transferred or otherwise disposed of in a subsequent financial year, the tax credit certificate to be granted with reference to the remaining capital in respeot of the said subsequent financial year or any financial year following that year shall be for such amount as bears to tt\e amount for which the tax: creciit certificate was granted in the earlier financial year the same proportion as the amount of the remaining capital as on the 31st day of march of the subsequent financial year bears to the total amount of the capital with reference to which the tax credit certificate was granted in the earlier financial year 11 of 122 3s (5) the amount shown on a tax credit certificate granted to an indjvidual or hindu undivided family shall, on the certificate being produced before the income-tax officer, be adjusted against any existing liability of such individual or hindu un divided family under the in,;luln income-tax act, 1922, or this act, or any such liability arising within the period of twelve months from the date on which the certificate was produced before the income-tax officer, and where the amount of such certificate exceeds such liability, or where there is no such liability, the excess or the whole of such amount, as the case may be, shall, notwithstanding anything contained in chapter xix, be deemed, on the date of the expiry of the said period of twelve mon!hs, to be refund due to such individual or hindu undivided family, as the case may be, under that chapter and the provisions of thll act ,shall apply -accordingly (6) the central government may specify in a scheme any issue of ,"ordinary shares by a public company as eligible issue of capital (7) in specifying any issue of ordinary shares as eligible issue of capital, the central government shall have regard to s the following facton, namely =-(a) the total amount of the capital issued; ,b) tile terms and conditions subject to which the capital is issued; (c) the trade or business in which the company con 10 cemed is engaged; (d) the purposes for which the issue is being made; (e) any other relevant factor 280za (1) if any public company owning an industrial undertaking situate in an urban area shifts, with the prior is approval of the board, such undertaking to any area (not being the area in which such undertaking is situate), it shall be granted a tax credit certificate tax credit certificates for shifting ofindus-, trial undertaking from urban u"el (2) the tax credit certificate to be granted under sub-section (1) shall be for an amount computed in the following manner 20 with reference to the amount of the tax payable by the company on its incbme chargeable under' the head "capital gains" arising from the transfer of capital assets being buildings or lands or any rights in buildings or lands used for the purposes of the business of the said undertaking in the urban area, effected in the 25 course of or in consequence of the shifting of such industrial undertaking, namely:-(a) the amount of expenditure incurred by the company ln~ (i) acquiring lands or constructing buildings for the 30 ",&urposes of the business of the company in the area to which the undertaking is shifted, and (ii) shifting its machinery or plant and other e1!ects and transferring its establishment to such area, within a period of three years, from the date of the approval 35 referred to in sub-section (1), or such further period as the board may allow, shall first be ascertained; (b) the amowlt of the tax credit certificate shall bear to the amount of tax payable by the company on its income ,:nargeabie under tbe head "capital gains" as aforesaid, the 40 same proportiod as the amount of expenditure ascertained under clause (a) bears to the amount of the said income: provided that the amount of the tax credit certificate shall in no case exceed the amount of the tax aforesaid 5 (3) the amount shown on a tax credit certificate granted to a public compal"ly tinder sub-section (1) shall, on the certificate u at 1922 10 bein~ produced before the income-tax officer, be adjusted against any existing liability of the company under the indian incometax act, 1922, or this act, or any such liability aris~ng within the perjt'd of twelve months from the date on which the certificate was produced before the income-tax officer, and where the amount of such certificate exceeds such liability, or where there is no such liability, the excess or the whole of such amount, as the case may be, shall, notwithstanding anything contained in 15 cbap~r xix, be deemed, on the date of the expiry of the said period of twelve months, to be refund due to such company under that chapter and the provisions of this act shall apply accordingly 20 tof 156 30 35 i ' , , (4) where a capital asset, being building or land, or any right in building or land, acquired or, as the case may be, constructed in the area to which the undertaking of the company is shifted, is transferred by the company within a period of five years from the date of acquisition or, as the case may be, the date of completion of construction to any person other than the go,,-rnment, a local authority, a corporation established by a central, state or provincial act or a government company as defined in section 617 of the companies act 1956, an amount equal to one-half of the amount for which a tax credit certificate has been granted to the company under sub-section (1) shall be deemed to be tax due from the company on the thirtieth day following the date of transfer under a notice of demand isfued under section 156, and all the provisions of this act shall apply accordingly explanation-any land or building used for the residence of persons employed in the business of the company or for the use of such persons as a hospital, creche, school, canteen; library, recreational centre, shelter, rest-room or lunch-room shall, for the purposes of this section, be deemed to be land or building used for the purposes of the business of the company 280zb (1) where any company engaged in the manufacture or production of any of the articles mentioned in the first schedule to the industries (development and regulation) act, 1951-of 1151 turin, e (i) is liable to pay any tax for the assessment year commencing on the 1st day of april, 1965 (hereinafter referred to as the base year) and anyone or m~e of the five assessment years next following that year under the incometax act and the companies (profits) surtax act, 1964; or (ii) is not liable to pay any tax for the base year but becomes so liable for any succeeding year (hereinafter s referred to as the succeeding base year) under the aforesaid acts and also for anyone or more of the assessment years following that year, not being an assessment year commencing after the 1st day of april, 1970, and the aggregate of such tax for any such succeeding year 10 exceeds-(a) in the case referred to in clause (i), the aggregate tax payable for the base year; (b) ill the case referred to in clause (ii), the aggregate tax payable for the succeeding base year, is then the company shall be granted a tax credit certificate for an amount equal to twenty per cent of such excess: provided that the amount of the tax credit certificate shall not for any assessment year exceed ten per cent of such aggregate tax: payable by the company for that year 20' (2) the amount shown oil a tax credit certificate granted to any company under the provisions of sub-section (1) shall, on the certificate being produced before the income-tax officer, be adjusted against any existing liability of such company under the indian income-tax act, 1922, or this act, or any such liability 25 11 ef 182z arising within a period of twelve months from the date on which the certificate was produced before the income-tax ·officer and where the amount of such certificate exceeds such liability, or where there is no suoh liability, the excess or the whole of such amount, as the case may be, shall, notwithstanding anything 30 contained in chapter xix, be deemed, on the date of the expiry of the said period of twel~ months, to be refuftd due to such company under that·chapter and the provisions of this act shall apply accordingly: provided that the adjustment or refund, as the case may be, 35 under this sub-section shall be only for such amount, not exceeding the amount of the certificate, as is used within such period as may be specified in the scheme lor repayment of loans taken by the company from any financial institutions notified in this behalf by the central government or for redemption of 40 its debentures ezpla~tion-the amount of income-tax payable by the company for any assessment year for the purposes of this section shan be computed after making allowance for any relief, rebate or deduction in respect of income-tax to which the company is s - entitled under the provisions of this act or the annual finance act after deducting from such amount of income-tax the amount, if any, by which the rebate of income-tax admissible to the company under the provisions of the annual finance act is, under the provisions of the said act, reduced with reference to the 10 face value of any bonus shares or the amount of any bonus issued by the company to its shareholders during the previous year or any previous year' prior to that year or with reference to any amount of dividends declared or distributed by it during the previous year or any previous year prior to that year' 15 tax credit certificate in relation to exports 7 of 1947 20 2f>qzc (1) a person who exports any goods or merchandise out of india after the 28th day of february, 1965, and receives the sale proceeds thereof in india in accordance with the foreign exchange regulation act, 1947, and the rules made thereunder, shall be gr:mted a tax credit certificate for an amount calculated at a rate not exceeding fifteen per cent on the amount of such sale proceeds (2) the goods or merchandise in respect of which a tax credit certificate may-be granted under sujjsection (1) and the - rate at which the amount of such certificate shall be calculated 25 shall be such as may be specified in the scheme: provided that different rates may be specified in respect of different goods or merchandise (3) in specifying the goods or merchandise and the rates, the central government shall have regard to the following fac-30 tors, namely:-3s (a) the cost of manufacture or production of such goods or merchandise and prices of similar goods in the foreign markets; -- (b) the need to develop foreign markets for such goods or merchandise; (c) any other relevant factor (4) the amount shown on a tax credit certificate granted to any person under this section shall, 011 the certificate being produced before the income-tax officer, be adjusted against any existing liability of that person under the indian income-tax act, 1922, 0:1" this act, or any such liability arising within the period of twelve months from the date on which the certificate was produced before the income-tax oftlcer and where the amount of such certificate exceeds such liability, or where there is no such liability, the excess or the whole of such amount, as the case may be, shall, notwithstanding anything contained in chapter s xix, be deemed, on the date of the expiry of the said period, to be refund due to such person under that chapter and the provisions of this act shall apply accordingly tax credit certlftcates in r~lation to increased production of certain roodl 280zd (1) a person who, during any financial year commencing on the 1st day of april, 1965, or any subsequent finan- 10-cial year (not being a year commencing after the 1st day of april, 1969), manufactures or produces any goods, shall be granted a tax credit certificate for an amount calculated at a rate not exceeding twenty-five per cent of the amount by which the duty of excise paid by him in ~the relevant financial year on such is goods exceeds the duty so paid by him, in the base year 20-(2) the goods in respect of which a tax credit certificate may be granted under sub-section (1) and the rate at which the amount of such certificate shall be calculated shall be such as may be specified in the scheme: provided that different rates may be specified in respect of different goods (3) in specifying the goods and the rates under sub-section (1), the central government shall have regard to the following factors, namely:-2s· (a) the need for stimulating industrial output; (b) -the need fol' financial assistance ~industrial undertakings engaged in the manufacture or production of such goods; (c) any other relevant factor 30 (4) the amount shown on a tax credit certificate granted to any person under the provisions of sub-section (1) shall, on the certificate being produced before the income-tax officer, be adjusted against any existing liability of such person under the indian income-tax act, 1922, or this act, or any such liability 3s 11 of 192 10 1$ arising within a period of twelve months from the date on which the eettiftcate was produced before the income-tax ofbcer and where the amount of such certiftc~te exceeds such uability, or where there is no such liability, the excess or the whole of such amount, as the case may be, shau, notwithstanding anything con- _ _ taided in chapter xix, be deemed, on the date of the expiry of the said period of twelve months, to be refund due to such persoll under that chapter and the provisions of this act shall apply accordingly: provided that the adjustment or refund, as the case may be, under this sub-section shall be only for such amount, not exceeding the amount of the certificate, as is used within such perioci as may be specified in the scheme for repayment of loans taken by the person from any financial institutions notified in this behalf by the central government or, in the cue of a company, also for redemption of its debentures (5) in this section-20 (a) "base year" in relation to an existfng undertaking which manufactures or produces the goods referred to in sub-section (1), means the ftnancial year commencing on the 1st day of april 1964 and in relation to any other undertaking, the ftnancial year in which such undertaldng begins to manufacture or produce such goods; (b) "duty of excise" means the duty of excise leviable under the central excises and salt act, 1944 1 of 1144 2s0ze (1) the central government shall by notiftcation in ~c:n:t the official gazette frame one or more scheme or schemes to be ichem': cajlpd tax credit certificate scheme or schemes in relation to tax credit certificates to be granted under this chapter 30 (2) a scheme harned under sub-section (1) may provide for-i ---- (a) the form and manner in which and the autl10rity to which applications for the grant of tax credit certificates shall be made; 35 (b) the form in which and the intervals at which and the authority by which such certiftcates shan be issued; (c) the veriftcation of any information or particulars furnished or contained in any appucation made, by or on behalf of any person entitled to trx credit eertifteatea; 40 (d') the determination of the ri~hts, and obli~ations of 8 person to whom such certificate has been granted and the 2248 {b)ls-i circumat·nces in which any right in or title to the laid ,certulcate may be trlldlferred to or devolve on 8df other penon by succession or otherwise' , (e) the determination of the rights and obligations of penons who jointly subscribe to an eligible issue of capital; s-(n the determination of the rights and obligations of per-sollli who subscribe to an eligible issue of capital, on behalf, or for the benefit, of any other person; (g) the appointment of any officer of government or of the reserve bank of india to exercise any rights or perform 10 any duties in connection with the grant of the said certificates; (h) the goods or merchandise and the rate or rates for the purposes of section 280zc and section 280zd; (i) any other matter which may be necessary or proper for 'the e1!ectlve implementation of the provisions of this is chapter or the scheme (3) the central government may, by notification in the official gazette add to, amend, vary or rescind any scheme made unde r this section (4) any scheme made under this section shall be laid, as soon ao as n-ay be, after it is made, before each house of parliament while it is in session {or a total period of thirty days which may be comprised in one ~ion or in two successive sessions and if, before the expiry of the session in which it is 80 laid or tht~ session immediately following, both houses agree in making any s modification in any provision of th~ scheme or both houses agree 2 that any provision in the scheme should not be made, that provision of the scheme shan 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 30 prejudic~ to the validity of anything previously done under that provision' 63 in section 294 of the income-tax act, ~he words "or super-tax" shall be omi tted ~ ' 'amendmmt of " i'int , sc1ledule 64 in s~ction 295 of the income-tax act, in clause (e) of sub- 3s section (2), after the words, brackets and figures uclauae (i) of subsection (3) of section 87", the words, bl'ackets; figures and letter "or clause (i) of sub-aection (4) of section 80a, as th~ case may be," shall be inserted 65 in the first schedule to the income--t&x aet,' in rule 3, in 40 clause (c), for the words "but do tncom~tax shall be payable on the k%1nu~l average of tbe amount of nch ijltelwt" the wol'ds "but ," ~ the assessee shall be entitled to a deduction from the amount of income-tax with which he is chargeable on his total income, of an amount calculated at -the rate of twenty-five per cent on the annual ' average of the amount of such interest" ihall be substituted s ii in the fourth schedule to the income-tax act,-(a) in part a,-ammd· mmtof fourtll - sebectule (i) in rule 6, the words "and super-tax" shall omitted; be 10 (ti) to rule 7, the followinr' proviso shall be added, namely:-'provided that in respect of an assessment year commencing on the 1st day of april, 1966 and any subsequent assessment year, this rule shall have et!ect as if for the words beginning with "from the amount of income-tax" and ending with the words "at the average rate of income-tax on", the words, figures and letter "under section boa computed with reference to" were substituted'; 20 -(iii) in sub-rule (1) of rule 9, for the words "incometax and super-tax", wherever they occur, the word "tax" shall be substituted; (iv) in sub-rule (3) of rule 11, the words "ana supertax" shall be omitted; 25 (11) in clause (d) of sub-rule (1) of rule 15, fox'_ the words "income-tax and super-tax", the word "tax" shall be substituted; (b) in part b,-(i) in rule 5, the words "and super-tax" shall be omitted; (ii) in rule 6,-35 (a) for the words "income-tax and super-tax", wherever they occur, the word "tax" shall be substituted; (b) after the words "paid to an employee during his life time,", the words, brackets and figures "in circumstances other than those referred to in clause (13) of section 10" shall be inserted; (iii) in clause (e) of sub-rule (1) of rulell, for the words uincome-tax and super-tax", ~he word "tax" shall be substituted; (c) in part c, in rule 7, the words "and super-tax" shall be omitted 81 arter the fourth schedule to the income-tax act, the followina schedule hall be inserted, namely :- 'the fifth schedule rsee section 33(1) (iii) (c)]list of articles and things (1) iron and steel (metal), ferro-alloys and special steels (2) aluminium, copper, lead and zinc (metals) (3) industrial machinery specified under the heading "8 indus- 10 trial machinery", sub-heading "a major items of specialised equipment used in specific industries", of the first schedule to the industries (development and regulation) act, 1951 8s of 1951 (4) bouers and steam generating plants, steam engines and turbines and internal combustion engines is (5) equipment for the generation and transmission of electricity including transformers, cables and transmisc;ion towers (6) machine tools, precision tools (including cutting tools and small tools), dies and jigs (1) tractors and earth-moving machinery 20 (8) steel castings and forgings and malleable iron and steel castings (9) cement (18) fertilisers, namely, ammonium sulphate, ammonium sulphate nitrate (double salt), ammonium nitrate, calcium ammonium 25 nitrate (nitrolime stone), ammonium chloride, super phosphate, urea and complex fertilisers of synthetic origin containjng both nitrogen and phosphorus, such as ammonium phosphates, ammonium sulphate phosphate and ammonium nitro phosphate (11) paper and pulp 30 (12) electronic equipment, namely, radar equipment, computers, electronic accountiag and business machines, electronic communication equipment, electronic control instruments and basic components, such as valves, transistors, resistors, condensors, coils, magnetic materials and micro wave components 3$ (13) petrochemicals including corresponding products manufactured from other basic raw materials like calcium carhide, ethyl alcohol or hydrocarbons from other sources (14) shlpi (15) component parts of the articles mentioned in items nos (3), (4), (5) and (7), ~hat is to say, such parts as are essential for the working of the machinery referred to in the items aforesaid and have been given for that purpose some ~pecial shape or s quality which would not be essential for their use for any other purpose and are in complete finished form and ready for fitment' 88 (1) where any person makes a declaration in accordance with voluntary sub-section (2) in respect of the amount representing income-10 (a) which he has failed to disclose in a return of income for any assessment year filed by him before the 1st day of march, 11 of 1922 1965 under the indian income-tax act, 1922 or the income-tax 43 of 1961 act, 1961, or (b) which has escaped assessment for any assess~nt year for which an assessment has been made before the 1st day of march, 1965 under either of the said acts, or (c) for the assessment of which no proceeding under either of the said acu; has beer taken before the 1st day of march, 1965, he shall, notwithstandin~ anything contained in the said a~ts, be 20 charged income-tax at the rate -specified in sub-sectioa (3) in respect of the amount so declared if he,-(i) either pays the amount of income-tax as computed at the said rate, or (ii) furnishes adequate security for the payment thereof and undertakes to pay such income-tax within a period, not exceeding 'six months, from the date of the declaration as may be specified by him therein (2) the declaration shall be made to the commissioner, and shall specify the period required to be specified under clause (ii) of sub-30 section (1), contain the name, address and signature of the person making the declaration and also full information in respect or the following matters, namely:-(a) whether he was assessed to income-tax or not and, jf assessed, the name of the income-tax circle in which he wu assessed 3' (b) the ammnt o( income declared, giving where available, details of the financial year or years in which the income was earned and the amount pertaining to each such year (c) whether the amount declared is represented by c&lh (includina bank deposits), bullion, inveltments in sharet, debt due from other persona, commodities, or any other assets, and the name in which it is held and location thereof: a --- ---provided that the declaration shall be of no effect unless it is made after the 28th day of february, 1965 and before the lst day of jude, 1965 5 (3) the rate of income-tax chargeable in respect of the amount referred to in sub-section (1) shall be sixty per cent of such amount: provided that if before the 1st day of april, 1965, the tax on the amount declared is paid by the declarant at the rate of fifty-seven per cellt of such amount, he shall not be liable to pay any further 10 tax on such amount (4) a person shall not be considered to have furnished adequate security for the payment of the tax for the purposes of sub-section (1) unless the payment is e,uaranteed by a scheduled bank or the person makes an assignment, in favour of the president of india, of any is security of the central government explanation-for the purposes of this sub-section, where an assignment of government securities is made in favour of the president, the amount covered by such assignment shall be the market value of the securities on the date of the assignment 20 (5) any amount d incrme-tax paid in pursuance of a declaration made under this section shall not be refundable in any circumitances, and no person who has li'od~ the declaration shall be entitled, in respect of any amounlso d£'c1ared or any amount of tax so paid, to reopen any assessment or reassessment made under the indian 1s income-tax act, 1922, or the income-tax act, 1961, or the excess 11 of 1922 profits tax act, 1940, tu the business profits 1tax act, 1947, or the 43 of 1981 super profits tax act, 1963, or the companies (profits) surtax act, h5 of 1940 1964, or claim any set off or relief in any appeal, reference, revision 21 of 1947 or other proceeding in relation to any such assessment or 30 14 of 1963 reassessment 7 of 1884 (6) (a) any amount declared by any person under this section in respect of which the tax referred to in sub-section (3) is paid shall not be included in his total income for any assessment under any of the acts mentioned in sub-section (5) if he credits in the 35 books of account, if any, maintained by him for any source of income or in any other record, the amount declared as reduced by the tax paid thereon under this section (&) a credit made under clauae (4) hall be intimated to the ·income--lax: ofilcer (7) (4) the commiisioner shall grant a certificate to every person who has made a declaration under this section and paid the income-- tax under this section (b) the certificate shcfll set forth the particulars of the amount stated in the declaration the amount of income-tax paid in respect of the same and the date of payment 10 the (8) (a) all particula!"s contained in any declaration made under t' is sec ion or record of any proceeding under this section shall bt! treated as confidential and, notwithstanding anything contained in any law for the time bein~ in force no court shall be entitled to requi!'~ any public servant to produce before it any such declaration or record or any part thereof or to give evidence before it in respect 15 thereof (b) no public sen'ant shall disclose any particulars contained in any ~uch declaration or record except to any officer employed in the execution of any of the acts mentioned in sub-section (5) 01" to any offtcpr appointed by the comptroller and auditor-general of india or 20 the board to audit inc0me-tax receipts or refunds (9) any payment of income-tax under this section shall be made by depositin~ the amount to the credit of the central government at a government treasury or sub-treasury or at any branch of the reserve bank of india or at any branch of the state bank of incn or 2' at any of its agencies conducting government treasury business (10) in this section,-i(i) "board" mean~ the central board of direct taxes con-54 of 181 stituted under the c~ntral boards of revenue act 1963; 43 of lisi 30 35 (ii) "commissioner" means the commissioner of income-tax appointed under the income-tax act 1961 having for the time being jurisdiction for the purposes of that act over the person who makes a declaration under this section st in the estate duty act 1953,-amendment of (i) in se('tion9 in sub-section (1),"101" the words "two y@'irs", t::3~4 of the words "one year" shan be' substituted; (it) in ~ectlon 10-fa) in the proviso for the words "two years" the words "one year" shall be substituted; (b) aftel the proviso; the followin~ proviso shall be inserted namely:-"provided further that a house or part thereof taken under any "gift made to the spouse, son, daughter, -,"j brother or sis~r, shall not be deemed to pass on the donor's death by reason only of the residence therein i'lf the donor except where a right of residence therein is reserved or secured directly or indirectly to the donor under the relevant disposition or under any collateral s disposition" ; (iii) in sub-section (2) of section 11,-(a) for the wordr "two years", wherever they occur, the 'words "one year" shan be substituted; (b) after the first proviso the following proviso shall to be inserted namely:-"provid?d further that where> the disposition or determination of an interest limited to cease on the death in a house or part thereof was effected or sui!wed in favour of thp ~oom:~ son dau~hter brother or sister, is then the di!;position or determination shall notwith· standin~ the residence therein of the person who immediately before the disposition or determination had the interest be deemed to be pxcepted by this sub-section savp where a right cf re!;idence therein is reserved or 20 secured dirpctlv or indirectly to such person under the re'c"an t dbpo!;ition or under any collateral disposition"; (iv) in sub-section (1) of section 12,-(a) in the proviso, for the words "two years", the words "one vpar" shall be substituted; 2s (b) after the proviso and before the e:rplanation, the followin~ proviso shall be inserted namely:-"provided further that a house or part thereof comprised in such ~ett1ement made' in favour of the spouse son dau~hter brother or sister shall not be 30 deemed to pass on the' settlor's death by reason only of the residence therein of the settlor except where a right of residence is reserved or secured directly or indirectly to the settlor under the ~ settlement or under -any collateral disposition"; 3s (v) in section 22-((f) for the words "two y\!ars'· the wol"ds "one y\!ar" ~hal1 b~ substituted; (b) for the proviso, the fonowin~ proviso shall be substftut\!d namely: -40 "provided that a house or part thereof hf"ld by the d\!c\!ased as trusteoe for another ·~rson under a disposi s tion made by him in favour of the spouse, so~ daughter, brother or sister, shall not be deemed to be included in the property passing on the death of the deceased by reason only of the residence therein of the deceased except where a riih t of residence therein is reserved or secured directly or indirectly to the deceased under the relevant disposition or under any collateral disposition"; 10 (vi) after section 29, the following section shall be inserted, namely:-"29a estate duty shall not be payable in respect of-exemption of pensions, etc, in certain cases is (4) any pension accruing or arising on the death of the deceased to his widow or other dependents under the revised pension rules of the central government or under any similar scheme of a state government, a local authority or a corporation established by a central, state or provincial act, or under the new pension code applicable to the members of the defence services; or (b) any annuity or pension payable to such widow or dependents from-20 1 of 1922 of 1961 (i) a superannuation fund appro~ under the indian income-tax act, 1922, or the income-tax act, 1961, to the extent to which the amount of such annuity or pension does not exceed the equivalent of fifteen thousand rupees per annum, or 25 (ii) a superannuation or pension fund established by such international organisations as the central government may, by notification in the official gazette, specify in this behalf"; (vii) in section 33, in sub-section (1),-30 _ (4) in clause (b), fqr the words "two yeatll", the worda "one year" shall be substituted; (b) after clause (n), the following clause shall be 35 lisa 40 inserted, namely:-" (0) property taken under any gift made by the deceased to the spouse, son, daughter, brother or sister, beyond a period of five years before his death: provided that the property is either chargeable to gift-tax under the gift-tax act, 1958, or is not chargeable d ti un er sec on 5 of that act for any assessment year 964 " commencing after the 31st day of march, 1 ;; 2248 (b) ls-7 (viii) in section 34, in clause (a) of sub-section' (1), for the word, brackets and letter "and (n) ", the brackets, letters and word" (n) and (0)" shall be substituted; -(iz) in section 46, in sub-section (2) for the words "two " , years, the words "one year" shall be substituted s 10 in the wealth-tax act 1957- , ,amendment of act 27 of 1857 (i) in sub-section (1) of section 5, after clause (xix), the following clause shall be inserted, namely:-"(xx) the value of any equity shares subscribed and paid for by the assessee where such shares form part of the 10 initial issue of equity share capital made after the 28th day of february, 1965 by a company of the type referred to in clause (d) of section 45, for a period of five successive assessment years commencing with the assessment year next following the date of such issue;"; is (ii) for part i of the schedule, the following part shall be :';'lbstituted, namely:- 'part i paragraph a: l) in the case of every individual:-20 rate of ta r nil 0·5% 1·0% 2·0% 25 2'5% (i) on the first rupees one lakh of net wealth (ii) on the next rupees four lakhs of net wealth (iii) on the next rupees five lakhs of net wealth (iv) on the next rupees ten lakhs of net wealth (v) on the balance of net wealth (b) in the case of every hindu undivided family:-(i) on the first rupees two lakhs of net wealth (ii) on the next rupees three lakhs of net wealth (iii) on the next rupees five laldfs\)f net wealth (iv) on the next rupees ten lakhs of net wealth (v) on the balance of net wealth nil 0'5% 1·0% 30 2·0% 2·5% (c) in addition, in the case of every individual and hindu undivided family, where the net wealth of the individual or hindu undivided family includes the value of any asset, being building or 35 land (other than business premises), or any right in such building or land, situated in any area falling in category a or category b or category c or category d specified in rule 2 of paragraph b tax at the following rate or rates computed with reference to the value of such assets determined in accordance with rule 1 of the said 40 paragraph b :-| (i) where | the | total value | of | such ||-----------------------|--------------|-------------------|-------|---------|| assets as | | | | || determined | | | | || under | para- | | | || graph b | does | not exceed rupees | | || two | | | | || lakhs | | | | || nil | | | | || s | | | | || (n) | | | | || where the total value | of | such | | || assets | | | | || as | | | | || determined | under | | | || para- | | | | || graph | | | | || b | | | | || exceeds | rupees | two | | || lakhs | | | | || but | does | not exceed rupees | | || seven | | | | || lakhs | | | | || 1 | | | | || % | | | | || of | the | | | || amount | | | | || by | | | | || which | the | total | | || valua | | | | || of | such | | | || assets | | | | || 88 | | | | || so | | | | || determined | | | | || exceeds | | | | || rupees | two | | | || iakha | | | | || 10 | | | | || (iii) | | | | || where the total value | of | such | | || assets as determined | under | | | || para- | | | | || graph | | | | || b | | | | || exceeds | rupees seven | | | || 1akhs | | | | || but | | | | || does | | | | || not | | | | || exceed | | | | || rupees | | | | || twelve | | | | || 1akhs | | | | || 15 | | | | || rs | | | | || 5,000 | | | | || plw | | | | || 2% | | | | || of | | | | || the amount | | | | || by | | | | || which | the | | | || total | value | of | such | || assets as | | | | || 80 | | | | || determined | | | | || exceeds rupees | seven | | | || lakhs | | | | || 20 | | | | || (iti) | | | | || where the total value | of | such | | || assets as determined | under | | | || para- | | | | || graph | | | | || b | | | | || exceeds | | | | || rupees | | | | || twelve | | | | || lakhs | | | | || but | | | | || does | | | | || not | | | | || exceed | | | | || rupees | | | | || seventeen | | | | || lakhs | | | | || rs | | | | || 15,000 | | | | || plus | | | | || 3% | | | | || of | | | | || the amount | | | | || by | | | | || which | | | | || the | | | | || total | value | of | such | || assets | | | | || as | | | | || 80 | | | | || determined | | | | || exceeds | | | | || rupees | | | | || twelve | | | | || lakhs | | | | || (v) | | | | || where the total value | of | such | | || assets as determined | | | | || under | | | | || para- | | | | || graph b | exceeds | rupees seventeen | | || lakhs | | | | || 2s | | | | || rs | | | | || 30,000 | | | | || plus | | | | || 4 | | | | || % | | | | || of | | | | || the amount | | | | || by | | | | || which the | | | | || total | value | | | || of | | | | || such | | | | || assets | | | | || as | | | | || 80 | | | | || determined | | | | || exceeds1rupees | seventeen | | | || lakhs | | | | |explanation-for the purposes of this part "business premises" means any building or land or part of such building or land, or any 30 right in building 'or land or part thereof, owned by the assessee and used throughout the previous year for the purposes of his business or profession, and includes any ijuilding used for thc",\>urpose of residence of persons employed in the business or any building used for the welfare of such persons as a hospital, creche, school, canteen, 3s library, recreational centre, shelter, rest-room or lunch-room paragraph brut~ l-tht: total value of assets for the purposes of clause (c) of paragraph a shall be determined as being the aggregate amount by which the value of such assets, i~cluded in the ne~ wea~th of the 4~ individual or hindu undivided family, which are sltuated m any area falling in the category specified in columr, 1 hereunder exceeds the amount specified there against in column 2;-category~of area (i) amount (2) ---~-------------------------------------------------a rs 5,00,000 5 b the amount: by -; which th:i!,~ue of such assets situated in any area fj in category a falls short of ri 5,00,000, or an amount of rs 4,00,000, whichever is less c the amount by which the aggregate of 10 the value of such assets situated in any area falling in category a or category b falls short of rs 5,00,000, or in a case where there is do such asset situated in an area falling in category a, the amount by 15 which the value of such usets situated in any area fallina in category b falls short of rs 4,00,000, or an amount of rs 3,00,000, whichever is less d the amount by which the aggregate of the 20 value of such assets situated in any area falling in category a or category b or category c falls short of rs 5,00,000, or, in a case where there is no such asset situated in an area falling in category a, 25 the amount by which the aggregate of the value of such assets situated in any area falling in category b or category c falls short of rs 4,00,000, or, in a case where there is no such asset situated in an area 30 falling)n ca~ a or category b, the amount by which the value of suc:b, assets situated in,any areafalling in category c falls short of rs 3,00,000, or an amount of ra 2,00,000, whichever is 3s less rule 2- for the purposes of this part, all cities and towns in india, the population of which, including the population of the contiguous municipalities and cantonments according to the census held in the year 1961-40 (i) exceeds sixteen lakhs shall be treated as falling in category ai lu) exceeds eight !akhs but does not exceed sixteen lakhs shall be treated as falling in category b; (it;,) ~xc€eds four lakhs but does not exceed eight lakhs shall be treated as falling in category c; and s (i-v) exceeds one lakh but does not exceed four lakhs shall he treated as falling in category d' 71 in the gift-tax act, 1958,-amendmentot l i) in ~;ection 5, in sub-section (1), after clause (v), the act 18 of 1958 following clause shall be inserted, namely:-10 "(va) (i) to such temple, mosque, gurdwara, church or other place as has been notifted by the central government for the purposes of sub-section (6) of section 88 of the income-tax act 1961: or 13 of 1961 (it) by way of settlement on trust, of property the income from which, according to the deed of settlement, is to be used exclusively in connection with the temple, mosque, gurdwara, church or other place specified therein and noti1ied as aforesaid'''' , , 20 !, it) in chapter iv, after section 18, the following section sha ii be inserted, namely:-| credit ||------------|| ltampduty || paid || on || instrument || at || lift |2s "18a where any stamp duty has been paid under any law relating to stamp duty in force in any state on an instrument of gift of property in respect of which the gift-tax payable exceeds one' thousand rupees, the assessee shall be entitje:d to a deduction from the gift-tax payable by him of cln a~nount equal to the stamp duty so paid or one-half of the surll by which the gift-tax payable, before making the deduction under this section, exceeds one thousand rupees, whichever is less" 72 in the preference shares (regulation of dividends) act, 1960,- amend- f - ment at (i) in section 2,-act s3 of 1980 {a) in clause (b), for the words, brackets, figures and letters "clause (7 a) of section 2 of the indian income-tax act, 1922 and includes a company referred to in sub-clause (ii) of clause (sa)", the following shall be substituted, namely:-~l of 1922 3s 43 of 1881 "claus~ (26) of section 2 of the income-tax act, 1961 ana includes a company referred to in sub-clause (ii) of dause (17)"; (b) in clau'3e (c), the words, figures and letters "having been issued and subscribed for before the 1st day of april, 1960" shall be omitted; (c) in clause (d), for the words and figures "indian income-tax act, 1922", the words and figures "income-tax act 11 of 1922, 1961" shall be substituted; 43 of 1961 (ii) in section 3,-, (a) in sub-section (1) and in sub-section (3), after th~ 5 words "preference share of a company", the words, figures and letters "issued and subscribed for before the 1st april, 1960" shall be inserted; (b) in sub-section (2), after the words, figures and letters "after the 31st march, 1959", the words, figures and letters 10 "and before the 1st april, 1960" shall be inserted; (c) in sub-section (4), after the words "preference share", the words, figures and letters "isuued and subscribed for before the 1st april, 1960" shalll be inserted; (d) in sub-section (6),-is (i) after the words "in this section", the words, figure and letter "and section 4a" shall be inserted; (ii) for the words, brackets, figures and letter "subsection (3d) of section 18 of the indian income-tax act, 1922", the words and figures "section 194 of the income- 20 11 of 1922, tax act, 1961" shall be substituted; 43 of 1961 (iii) in section 4,-(a) for the words "where any preference share has been issued b} a company any portion of the profits and gains of which", the following shall be substituted, namely:-25 "where any preference share of a company has been issued and subscribed for before the 1st april, 1960, and any portion of the profits and gains of the company"; (b) for the words and figures "indian ~come-tax act, 11 of 1922 1922", the words and figures "income-tax a~t, 1961" shall be 30 43 of 1961 substituted; (iv) after section 4, the followin~ section shall be inserted 'namely:-"4a where the stipulated dividend in respect of a preference share of a company-, 35 deduction of incometax (a) is specified to be subject to income-tax and d deduction is made therefrom on account of the incometax payable by the company, or (b) is being paid subject to a deduction therefrom on account of the ~come-tax payable by the company, not- 40 withstanding the absence of any speciftcatioti that the dividend would be subject to income-tax, such deduction shall in no case exceed twenty-five per cent of the stipulated dividend"; s (v) in section 6, for the words "this act", the words and figures "section 3 or section 4" shall be substituted 73 in section 32 of the unit trust act, 1963,-ment of (i) in sub-section (1), for clause (b), the following clause shall act 52 of be substituted, namely: _ 1983 10 43 of \\ldl '(b) where in the case of a unit holder, being an individual, the total income for any previous year as computed under the income-tax act, 1961 before including therein the amount of qualifying dividend-(i) does not exceed a sum of twenty thousand rupees, is the qualifying dividend shall not be included in computing the total income of the unit holder for that year; (ii) exceeds a sum of twenty thousand rupees, the qualifying dividend shall be included in computing the total income of the unit holder for that year, but he shalj 20 be entitled to a deduction from the amount of income-tax payable by him of a sum calculated at the rate of twentyfive per cent on such qualifying dividend explanation-in this section, "qualifying dividend" means, where the income received by a unit holder from the trust in 2s respect of units does not exceed one thousand rupees, such income, and where such income exceeds one thousand rupees, a sum of one thousand rupees'; (ii) in sub-section (2),-- (a) in clause (a):-the word "and'~ shall be omitted; 30 (b) in clause (b), after the word "individual", the words "who is resident; and" shall be inserted; (c) after clause (b), the following clause shall be inserted, namely:-"(c) deduction of income-tax shall be made by the 35 trust from the income distributed by it to a unit holder being an individual who is not resident in india at the rate of fifteen per cent of such income" 'c in the companies -(profits) surtax act, 1964,---(i) in section 18, the words "and super-tax" shall be omitted; (ii) in the first schedule,-(a) in clause (xii) of rule 1, the words "and super-tax" 5 shall be omitted; (b) in clause (i) of rule 2, the words "and super-tax·', where vel" they occur, shall be omitted, and for the word "super-tax" occurring in sub-clause (b), the word "incometax" shall be substituted; 10 (iii) in the third schedule,-(a) in paragraph 1-(i) in the first proviso, for the words "of manufat 'me or production of anyone or more of the articles", the words "of construction, manufacture or production or is anyone or more of the articles or things" shall be substituted; (ii) in the second proviso, for the words "of manufacture or production of any article", the words "of construction, manufacture or production of any article 20 or thing" shall be substituted; (iii) after the second proviso, the following proviso shall be in~erted, namely:-"provided further that where in the case of an indian company or a company which has made 2s the prescribed arrangements for the declaration and payment of dividends within india-(i) which is such a company as is referred to in section 108 of the income-tax act, and (ii) whose paid up share capital (subs- 30 crib81band paid for in cash) as on the last day of the previous year, is not less than twentyfive per cent of the amount of the capital as computed under the second schedule to this act, 35 the aggregate of-(a) the amount of income-tax payable by the company in respect of its total income of the previous year under the provisions of the income-tax act after making allowance for 40 any relief, rebate or deduction in respect of income-tax to which the com[lany is entitled under the provisions of the snid act or the annual finance act after deducting from-such amount of income-tax the amount, if any, by which the rebate of income-tax admissible to the company ullder the provisions of the annual finance act is, under the provisions of the said act, reduced with reference to the face value of any bonus shares or the amount of any bonus 10 issued by the company to its shareholders during the previous year or any previous year prior to that year; and {b) the amount of surtax computed in accordance with the foregoing provisions of this 15 paragraph, exceeds the amount calculated at seventy per cent of the total income of the company, the amount of such excess shan be deducted from the amount of surtax referred to in clause (b) above and the 20 balance shall be the amount of the surtax payable by the company"; (b)- for paragraph 2, the following ~aragraph shall be substituted, namely:-'2 the list of articles and thin~s referred to in 2s paragraph 1 shan be as follows:-(1) iron and steel (metal), ferro-alloys and special steels (2) aluminium, copper, lead and zinc (metals) (3) coal, lignite, iron ore, bauxite, manganese ore, dolomite, limestone, magnesite and mineral oil (4) industrial machinery ~pecified under the (-~heading "8 industrial machinery", sub-beading "a major items of specialised equipment used in specific industries", of the first schedule to the industries (development and regulation) act, 1951 8s of 19s1 3s (5) boilers and steam generating plants, steam engines and turbines and internal combustion engines (6) flame and drip proof motors 40 (7) equipment for the generation and transmission of electricity including transformers, cables and transmission towers (8) machine tools, precision tools (including cutting tools and small tools}, dies and jigs (9) tractors and earth-moving machinery (10) steel castings and forgings and malleable iron and steel castings s (11) cement and refractories (12) fertilisers, namely, ammc;mium sulphate, ammonium sulphate nitrate (double salt), ammonium nitrate, calcium ammonium nitrate (nitrolime stone), ammonium chloride, super phosphate, urea 10 and complex fertilisers of synthetic origin containing both nitrogen and phosphorous, such as ammonium phosphates, ammonium sulphate phosphate and ammonium nitro phosphate (13) paper and pulp is (14) tea (15) electronic equipment, namely, radar equipment, computers, electronic accounting and business machines, electronic communication equipment, electronic control instruments and basic 20 components, such as valves, transistors, resistors, condensors, coils, magnetic materials and micro wave components (16) petrochemicals including corresponding products manufactured from other basic raw 25 materials like calcium carbide, ethyl alcohol or hydrocarbons from other sources (17) ships (18) component parts of the articles mentioned in items nos (4), (5), (7) and (9), that is to say, 30 such parts as are essential for the working of the machinery referred to in the items aforesaid and have beensiven for that purpolie:;some special shape or quality which would not be" essential for their use for any other purpose and are in complete finished 35 form and ready for fitment' 75 the indian tariff act, 1934 (hereinafter referred to as the tariff act) shall be amended in the manner specified in the third schedule amendment of act 32 of 1934 76 (1) in the case of goods chargeable with a duty of customs which is specified in the first schedule to- the tariff act as amended 40 surcharge by thi~ act or any subsequent act of p,-liament, or in that schedule ~ ~~~ read with any notiftcation of the ('entral gove~nment for the time being in force, there shall be lmied and collected as an addition to, and in the same manner as, the total amount so chargeable, a sum equal to 10 per cent of such amount: provided that in co~p~ting the total amount so chargeable, any s duty chargeable under section 2a of the tarift act or section 77 of this act shall not be included 10 of 1897 (2) sub-section (1) shall cease to have effect after the 31st day of march, 1966 except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897 10 shall apply upon such cesser as if the said sub-section had then been repealed by a central act - 77 (1) with a view to regulating, or bringing greater economy in, lteauiatory imports there shall be levied and collected, with e1fect from such ~ date, and at such rate, as may be specified in this behalf by the central 15 government by notification in the oftlclal gazette, on all or any of the goods mentioned in the first schedule to the tariff act as amencied by this act or any subsequent act of parliament, a regulatory duty of customs not exceeding-(4) 25 per cent of the rate, if any, specified in the 2{' said first schedule read with any notification issued under section 3a or sub-section (1) of section oi of the tariff act; or s2 of 1962 (b) 10 per cent of the value of the goods as determined in accordance with the provisions of section 14 of the customs act, 1962, 2s whichever is higher: provided that different dates and different rates may be specified by the central government for different kinds of goods (2) sub-section (1) shall cease to have effect after the 15th day of may, 1966 except as respects things done or omitted to be done 10 of 1897 30 before such cesser; and section, ~ of the general clauses act, 1897 shall apply upon such cesser as ii the said sub-section had then been repealed by a central act (3) the regulatory duty of customs leviable under this section in respect of any goods referred to in sub-section (1) shall be in addition to any other duty of customs chargeable on such goods under s2 of 162 35 the customs act, 1962 s2 of 1962 (4) the provisions of the customs act, 1962 and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to 40 the levy and collectinn of the regulatory duty of customs leviable under this section in respect ' any goods as they apply in relation to the levy and collection of the duties of customs on such goods under that act or those rules and regu!atiol'ls (5) evf!!ry notiftcation issued under sub-section (1) shau, as soon as may be after it is issued, be placed before each house of parliament (6) all regulatory duties of customs levied under sub-section (1) 5 of section 58 of the finance act, 1964, shall, subject to any no tift-5 of 1814 cation issued under section 25 of the customa act, 1962 read with 52 ef 1862 sub-aection (4) of the said section 58, continue to have effect udtil the other provisions of this section come into force 78 in the indian tariff (amendment) act, 1949, in sections 4 and 5, 10 fjjr the figures "1965", the figures "1966" shall be substituted 71 in the central excises and salt act, 1944 (hereinafter referred to as the central excises act), in the first schedule,-amendment of act 1·of 1949 amendment of act 1 of 1944 (a) in item no4, under "ii manufactured tobacco-", for sub-item (2), the following sub-item shall be substituted, 's namely:-"(2) cigarettes one hundred per cent ad valorem"; (b) in item no 26, for the entry in the third column, the entry "sixty rupees per m&tric tonne" shall be substituted; (c) in item no 26a, for the entries in the third column 20 against sub-items (1) and (z), the entries "one thousand rupees per metric tonne'~ and "one thousand and five hundred rupees per metric tonne" shall, respectively, be substituted; (d) in item no 26aa,-(i) for the entry in the third column against each of 2s the sub-items (i) and (ia), the entry "forty-five rupees per metric tonne plus the excise duty for the time being leviable on steel ingots" shall be substituted; (ii) for sub-ite~(ii) and (iii), the following sub-items shall be substituted, namely: -30 | three ||--------------------------|| metric tonne || plus || the || excise duty for the time || being leviable || od || ateel || ingots || 35 |" (ii) plates and sheets (including uncoated plates and sheets intend- ed fol' t;inn"laand forms 8uch as l'ldges, c nnels, ram water pipes and their fittmgs ma~e from plates or sheets, but not including plates and sheets after tinning), and hoops, ~ sorts, other than akelp and stnps (iii) skelp and strips three hundred rupees per 40 metric tonne plus the excise duty for me time being leviable on steel ingots" ; s 10 (,) in item no 27,-(i) for the entry in the second a>lumn against sub-item (b), the entry "manufactures, the f011o~, namely, plates, sheets, circles and strips in any form or size, dot otherwise specified" shall be substituted ; (ii) for the entry in the second column against sub-item (c), the entry "pipes and tubes, other than extruded pipes and tubes" shall be substituted ; 20 (iii) after sub-item (c), the following sub-item shall be inserted, namely:-"(d) extruded shapes and ten per cent ad valor_" ; sections including extruded pipes and tubes (f) in item no 28, for the entry in the third column, the entry "three hundred and seventy-five rupees per metric tonne;' 25 shall be substituted 88 (1) when goods of~he description mentioned in this section special chargeable with a duty of excise under the' central excises act (as :;%e~ amended by this act or any subsequent act of parliament) read ~ with any notification for the time being in force issued by the cen· g 30 tral government in relation to the duty so chargeable, are assessed to duty, there shall be levied and col1ected-3s (a) as respects goods comprised in items nos 6, 8, 9, 14d, 22a, 23a except sub-item (1) thereof, 23b, 28, 29, sub-items (2) and (3) of item no 31 and item no 32 of the first schedule to the central excises act, a special duty of excise equal to 10 per cent of the total a~unt so chargeable on such goods; (b) as respects goods comprised in items nos 2, 3(1), subitems i, ii(2) and ii(3) of item no4, items nos 13, 14, 14f, 15 15a, 15b, 16, 16a, 17, 18a(2), 21, 22, 23, 23a(i), ti, 30, 31(1), 33, sub-items (1), (3a) and (4) of item no 34 and item no 37 of that schedule, a special duty of excise equal to 20 per' cent of the total amount so chargeable on such goods; and (c) as respects goods' comprised in items nos 41i(1), 18, 18a(1), 18b, 20, 29a, 33a, sub-items (2) and (3) of item no 34 and radiograms comprised in item no 37a of that schedule, a special duty of excise equal to 33i per cent of the total amount so chargeable on such goods ' (2) sub-section \1) shall cease to have effect after the 31st day of march, 1966, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897 shall apply upon such cesser as if the said sub-section had then been repealed by a central act s (3) the duties of excise referred to in sub-section (1) in respect of the goods specified therein shall be in addition to the duties of excise chargeable on such goods under the central excises act or any other law for the time being in force and such special duties shall be' levied for purposes of the union and the proceeds thereof 10 shall not be distributed among the states (4) the provisions ot the central excises act and the rules made thereunder, includirlg those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the duty of excise leviable under this section in respect is of any goods as they apply in relation to· the levy and collection of the duties of excise on such goods under that act or those rules be,watory duty of exciae ii (1) with a view to regulating or bringing greater economy in consumption, there shall be levied and collected, with effect from such date, and at such rate, as may be specified in this behalf by the 20 central government by ilqtification in the offici!ji gazette, on all or any of the goods mentioned if! the first schedule to the central excises act as amended by this act or any subsequent act of parliament, a regulatory duty of excise which shall not exceed 15 per cent of the value of the goods as determined in accordance with the 2s provisions of section 4 of the central excises act: provided that different dates and differerlt rates may be specified by the central government for different kinds of goods (2) sub-section (1) shall cease to have effect after the 15th day of may, 1966, except as respects things done or omitted to be done 30 before such cesser; and section 6 of the genwl clauses act, 1897 10 of 1897 shall apply upon such cesser as if the said sub-section had then been repe'aled by a central act (3) the duties of excise referred to in sub-section (1) in respect of the goods specified therein shall be in addition to the duties of 35 'excise chargeable on such goods under the central excises act or any other law for the time being in force and such regulatory duties shall be levied for purposes of the union and the proceeds thereof shall not be distributed among the states (4) the provisions of the central excises act and the rules made 40 thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the regulatory duty of excise le\liable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those rules : s (5) every notification issued under sub-section (1) shall, as soon \ as may be after it is issued, be placed before each house of parliament (6) all regulatory duties of excise levied under sub-section (1) " of 11m of section 62 of the finance act, 1964, shall, subject to any raotmca-10 tion issued under rule 8 of the central excise rules, 1944, read with sub-section (4) of the said section, continue to have effect until the other provisions of this section come into force 82 for the year beginning on the 1st day of april, 1965, no duty discontinuance of under the central excises act, or the tariff act shall be levied in salt duty is respect of salt manufactured in, or imported into, india amendment of act 58 of 1957 83 in the first schedule to the additional duties of excise (goods of special importance) act, 1957, in item no4, under "ii manufactured tobacco", for sub-item (2), the followir,g sub-item shall be· substituted, namely:-20 "(2) cigarettes twenty-five per cent ad valorem" ~ declaration under the provisional collection of tclzes act, 1931it is hereby declared that it is expedient in the public interest that the provisions of clauses 75, 76, 77 (6), 78, 79, 80, 81 (6) and 83 of this bill shall have immediate e1!ect under the provisional 2s collection of taxes act, 1931 16 of 1931 (see section 2) part i income-tax and surcharge on income-tax po!,ogroph ain the case of every individual or hindu undivided family or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, not being a case to which any other paragraph 10 of this part applies- rates of income-tax(r) where the total income does not 5 per cent of the total inmme exceed rs 5,000 (2) where the total income exceeds rs 250 pm 10 per cent of is rs 5,000 but does not exceed the amount by which the total rs 10,000 income exceeds rs 5,000 (3) where the total income exceeds ra '150 plus 15 per a:dt of r s 10,000 but does not exceed the amount by which the total rs 15,000 income exceed ra 10,000 20 (4) where the total income exceeds rs i,sco plus 20 per cent of ri 15,000 but does not exceed the amount by which the total ra 20,000 inaxne exceeds ra 15,000 (5) where the total income exceeds ra 2,500 plus 30 per cent of ra 20,000 but does not exceed the amount by which the total 25 ra 25,000 income exceeds ri 20,000 exceeds ra 4,000 plus 40 per cent of exc8:'lf the amount by which the total income exceeds ra 25,000 (6) where the total income ra 25,00<1 but does not rs 30,000 (7) where the total income exceeds rs 6,000 plus 50 per cent of 30 rs 30,000 but does not exceed the amount by which the total rs so,ooo income exceeds ra 30,000 exceeds ra 16,000 plus 60 per cent of exceed the amount hy which the total income exceeds ri 50,000 35 (8) where the total income rs so,ooo but does not rs 70,000 (9) where the total income excaeds rs28,000 plus 6s per cent of rs 70,000 the amollilt by which the total incoi:le ~xceed8 rs 70,000: provided that for t4e purposes of this paragraph, in the case ot - person, not being a nen-resident-(i) no income-tax shall be payable on a total income ~~t exceeding the following limit, namely:-5 (a) rs 6,000 in the case of every hindu undivided family which as at the end of the previous year satisfies either of the following two conditions, namely:-10 (i) that it has at least two members entitled to claim partition who are not less than eighteen years of age; or is (ii) that it has at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other living member of the family; (b) rs 3,000 in every other case; (ii) in the case of an individual or a hindu undivided family, the income-tax computed at the rate hereinbefore specified shall de reduced by so much of the amount specified hereunder, as does not t:xceed the amount of income-tax so computed:-20 (a) rs 100 in the case of an unmarried individual; (b) rs 175 i!\ the case of a married individual who has no child wholly or mainly dependent on him or a hindu undivided family which has no minor coparcener; 25 (c) rs 195 in the case of a married individual who has one child wholly or mainly dependent on him or a hindu undivided family which has one minor coparcener wholly or mainly supported from the income of such family; 30 (d) rs 215 in the case of a married individual who has ",:lpore than one child wholly or mainly dependent on him or a hindu undivided family which has more than one minor coparcener wholly or mainly supported from 35 the income of such family; (iii) where the total income is twenty thousand rupees or less, the income-tax payable shall not exceed forty per cent of the amount by which the total income exceeds the limit specified in sub-clause (a) or, as the case may be, sub-clause (b) of clause 40 (i) of this proviso 22~ (b) ls-9 the amount of income-tax computed in accordance with the preced41g provisions of this paragraph shall be increased by a surcharge for purposes of the unton, which shan be equal to the aggregate of the sums computed as hereunqer: -(4) where-(i) in the case of an individual or a hindu undivided family, the amount of unearned income, not being income by way of interest on any security of the central or state government, included in the total income, or 10 (ii) in any other case, the amount of unearned income included in the total income exceeds rs 15,000, a sum calculated on the difference between the amount of income-tax computed in respect of the income referred to in sub-clause (i) or, 15 ~ the case may be, su1h:lause (ii) , if such income had been the total income and the amount of income-tax computed in respect of an income of rs 15,000 if it had been the total income, at the following rate, namely:-(i) where the amount of the difference 20 per cent of the amount of 20 does not exceed its 14,500, r such difference -i~) where the amount of the difference rs 2,900 plus 25 per cent of the exceeds ri 14,500 amount by which the difference aforesaid exceeds ri 14,500 (b) where---(i) in the case of an individual or a hindu undivided family, the earned income and income by way of interest on any security of the central or state government included in the total income, or (ii) in any other case, the earned income included in the 30 total inc3me exceeds rs 1 lakh, a sum calculated on the amount of the difference between the incometax computed in respect of the income referred to in sub-clause (i) or, as the case may be, sub-clause (ii) , if such income had been the 3s total incqme and the income-tax ,computed in respect of a total income of rs 1 lakh, at the following ra~e, namely:- (i) where the amount of the difference does not exceed rs 65,000 5 per cent of the amount of such difference (2) where the amount of the differeoce rs 3a,0 piau 10 per cedt of the aceeds ri 65;g111o but doee dot exceed amount by wh1c:h the ctifl'tiedcc rs 1,30,000 aforesaid exceeds ra 65,000 (3) where the amount of the s exceeds ri 1,30,000 dift'~ _ rs 9150 ilw is per cent of the amount by whic:h the difference aforesaid exceeds ri 130000 paragrtlph b in the case of every association of persons being a co-operative 10 society lis defined in clause (19) of section 2 of the income-tax act,- rtltes of income-ttj%(i) where the totaqincome does dot exceed , per cent of the total income iu 5,000 (2) where the total income exceeds rs 250 plw 10 per cent of the 15 rs 5,000 but does not rs 10,000 exceed amount by which the total income exceeds ri "oco (3) where the total income rs 10,000 but does not rs 15,000 exceeds its 750 plus is per cent of the exceed amount by which the total income exceeds ra 10,000 20 c-4) where the total income rs 15,000 but does not rs 20,000 exceeds rs 1,500 plus 20 per cent exceed of the amount by which the total income c:xceeds ra i~ooo (5) where the totalii income exceeds rs 2,500 plus 25 per cent of rs 20,000 but does not exceed the amount by which the 25 rs 25,000 total income excecda rs 20,000 (6) where the rs 2s,''vlo total income exceeds rs 3,750 plus 41 per cent of the amowu by which the total income excacls ra 25,000 30surcharge on income-ta% where the total income exceeds rs 25,000, the amount of incometax on such total income computed at the rates hereinbefore specifted shall be increased by a surcharge for purposes of the union of ii per cent of the'':'atnount of the difference between the income-tax 35 so computed and the income-tax computed in respect of a total income of rs 25,000 paragraph c -in the case of every registered ftrm,- rates of income-tax40 (i) where the total income does not exceed rs 2s,000 nil (2) where the total income ra 25,000 but does not ra 50,000 exceeds 6 ~_ cent of the amount exceed by "'which the total income exceeds ri 25,000 (3) where the total income exceed& ri 50,000 but does not exceed its 1,00,000 rs 1,500 plus 8 per cent of the 5 amount by which the total income exceeds rs so,ooo (~) where the total income exceeds lla 100,000 i rs 5,500 plus u per cent of the amount by which the total income exceeds rs 1,00,000 surcharge on income-tax 10 the amount of income-tax computed at the rates hereinbefore specified shan be increased by a surcharge for purposes of the union of twenty per cent of the amount of income-tax: provided that in the case of a registered firm whose total income includes income derived from a profession carried on by it and the 15 income so included is not less than futy-one per cent of such total income, the amount of surcharge for purposes of the union computed at the rate hereinbefore specified shall be reduced by one-half of such amount paragraph dir the case of every local authority,-rate of income-tax on the whole of the total income 45 per cent surcharge on income-taxthe amount of income-tax computed at the rate herein- 25 "before specified shall be increased by a surcharge for purposes of the union of ten per cent of the amount of income-tax paragraph e in the case of the life insurance corporation of india established under the life insurance corporation act, 1956,-30 31 of 1158-- rate of income-tu": 47'5 per cent on the whc'le of its profits and gains from life insurance business paragraph f id the case of every company, other than the life insurance cor- 3s poration of india established under the life insurance corporation act, 1156,-31 of 11m kate of income-tax on the whole of the total income 10 per cent: provided that a rebate shall be allowed in the case of sucia companies on such- 'income at the rate or rates speculed hereunder:-rate of rebate income on which rebate is to be allowed i in the case of a company which-10 15 20 (a) in respect ofits income liable to income-tax under the income-tax act for the assessment year commencing on the 1st day of april, 1965, has made the prescribed arrangements for the declaration and payment within india of the dividends payable out of such income in accordance with the provisions of section 194 of that act; and (b) is slich a company as ia referred to in section ros of the income-tax act,-(i) where the total on the whole of the total income does not income 37 0 5 per cenl exceed rio 25,000 (ii) where the total income excelds rio 25,000 35 (a) on so much of the total income as consists of profits and gains attributable to the business of generation or distribution of electricity or of construction, manufacture or production of anyone or more of the articles or things specified in the list in part iii of this schedule 0 3s per cent rate",:of rebate income on which rebate is to be allowed () oil the balance of the total income 30 per cent 5 ii in the case of a company wbich-10 15 20 (a) satisfies condition (a) ef item i hereinabove, and (b) is not such a company 81 is referred to in eection 108 of the income-tax act,-(i) in the case of a company which is wholly or mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construc-tion of ships or in the manuiacture or processing of goods or in mining (a) on 10 much of the total income as consists of profits and gains attributable to the business of generation or distributi0n of electricity or of construction, manufacture or production of anyone or more of the articles or things specified in the list in part iii of this schedule-(i) on so much of the profits and gains aforesaid as do not exceed rs 10 lakhs 35 per cent 30 (ii) on the balance of the profits and gains aforesaid 26 per cent 35 (b) on any income other than the profits and ~ referred to' in (a) hereinabove-(i) on so much of such income as, together 40 with the profits and pins referred to in (a) hereinabove, does not exceed rs 10 lakhs 30 per cent 45 (ii) on the balance of such income 20 per cent ~------------------------------------------------~ rate of rebate income on which rebate is to be allowed (ii) in any other case 5 10 is (a) on 10 much of the total income as consists of profits and gains atttibu~b~ to ~ buane of aeneration or distribution of electricity or of construction, manufacture or production of anyone or more of -the articles or thin specified in the list f: part iii of this schedule 26 per cent ( b) on the balance of the total income 20 per cent 20 30 per cent (a) on so much of the total income as consists of royalties received from an indian concern in pursuance of an agreement made by it with the indian concern on or after the 1st day of april, 1961 and which has been approved by the central oovernment iii in the case of a company which in respect of its income liable to incometax under the income-tax act for the assessment year commencing on the 1st da, of april, 1965, has not made the prescribed arrangements for the d~tion and payment within india of the dividends payable out of such income in accordance with the provisions of section 194 of that act 35 45 (b) on so much of the total income as consists of fees for rendering technical services received from an indian concern in pursuance of an agreement made by it with the indian concern after the 29th day of february, 1964 and which has been approved by the central government 30 per cent (c) on the balance of the total income is per cent: provided further that-(i) the amount of rebate arrived at under the preceding proviso in the case of a company referred to in item i or item ii of that proviso shall be reduced by the sum, if any, equal to the amount or the aggregate of the amounts, as the case may s be, computed as hereunder:-(a) on the aggregate of the sums computed in the manner provided in clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act, 1964 as reduced by the amount, if any, which is deemed to have been taken into account, in accordance with clause (n) of the said proviso, for the purpose of reducing the rebate mentioned in clause (i) of the said proviso to nil; (b) on the amount representing the face value of any bonus shares or the amount of any bonus issued to its shareholders during the previous year with a view to increasing the paid-up capital except where such bonus shares or bonus have been issued wholly out e>f the share premium account of the company after the 31st day of march, 1964 ; and (c) in addition, in the case of-(i) a company as is referred to in section los of the income-tax act, or (ii) a company as is referred to in clause (iii) of sub-section (2) or sub-section (4) of section 104 of the said act, or said act by a notification issued under the provisions of sub-section (3) of that section, which has declared or distributed to its shareholders during the previous year any dividends other than dividends on preference shares-(a) in the case of a company which since the date of the commencement of its activities has declared or distributed any dividends for the first time during the previous year or any one of the four previous years immediately preceding such previous year-' on that part of the dividends other than diviat the rate of 7·5 per dends on preference shares which exceeds ten cent per cent of the paid-up equity capital (b) in any other case-on the whole amount of the dividends other than dividends on preference shares at the rate of 7 s per cent ; (ii) where the sum arrived at in accordance with clause (i) s of this proviso exceeds the amount of the rebate arrived at under the preceding proviso, only so much of the amounts of reduction mentioned in sub-clauses (4), (b) and (c) of clause (i) of this proviso as is sufficient, in that order, to reduce the rebate to nil shall be deemed to have been taken into account 10 for the purpose: provided further that the income-tax payable by a company, as is referred to in section 108 of the income-tax act, and the total income of which exceeds rs 25,000, shall not exceed the aggregate of-is (a) the income-tax which would have been payable by the company if its total income had been rs 25,000 (the income of rs 25,000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income of the company); and 20 (b) eighty per cent of the amount by which its total income elkceeds rs 25,000 explanation i-for the purposes of this paragraph, a company shall be deemed to be mainly engaged in the business of generation or distribution of electricity or any other form of power or in the 25 construction of ships or in the manufacture or processing of goods or in mining, if the income attributable to any of the aforesaid activities included in its total income for the previous year is not less than fifty-one per cent of such total income expzanation 2-for the purposes of this paragraph, where a part 30 of the income of a company is not included in its total income because it is agricultural income, the amount declared or distributed as dividends (other than dividends on preference shares), the amount representing the face value of any bonus shares and the amount of any bonus issued to its shareholders shall each be deemed 35 to be such proportion thereof as the sum specified in clause (a) bears to the sum specified in clause (b), such sums being-(a) the average amount of the total income of the company in the five previous years in which it has been in receipt of taxable income immediately preceding the relevant previous year; ~o and (b) the average amount of the total profits and gains (excluding capital receipts) of the company for the five previous years referred to in clause (ci) reduced by such allowances as may be admissible under the income-tax act but which have dot been taken into account by the company in its profit and 5 loss accounts for the said five previous yea~s ezplanaticm 3-for the purpose of sub-clause (b) of clause (i) of the aecond proviso, "share pre~um account" means an account ferming a separate and identifiable part of the reserves of a company to which has been transferred a sum equal to the aggregate amount 10 or value of the premiums on shares issued by the company ezplclnation 4-for the removal of doubts it is hereby declared that where any dividends were declared by the company before the commencement of the previous year and are distributed by it during that year, no reduction in the rebate shall be made under sub-clause 15 (c) of clause (i) of the second proviso in respect of such dividends part ii rates fot deduction of tax at soutce in certain casesin every case in which under the provisions of sections 193 to 195 _ of the income-tax act, tax is to be deducted at the mte8 in force, 20 deduction shall be made from the income subject to deduction, at the following rates:-income-tax rate of income-tax rate of surcharge 25 i in the case of a person other than a company-(a) where the person is resident-2 per cent 35 on the whole income (excluding 18 per cent interest payable on any security of the central government issued or declared to be incometax free, and interest payable on any security of a state government issued income-tax free, the income-tax whereon is payable by the state government) ; income-tax rate of income-tax rate of surcharae (6) where the person is not resident s in india-| income-tax | at ||--------------------------------|------------------|| 2s | || per | || cent | and || surcharge | || at s | per || the | || amount | of || 10 | || or | || 15 | || (i) | on || interest payable | || on | any security || of | the || issued | || or | || declared | || to | || be | iname- || tax | || free, | || and | || int~t | || payable | || on | any || state government issued | || in- | || oome-tax | || free, | || the | inoome-tax || whereon | || is | || payable by the state | || government) ; | || income-tax and | surcharge || od | || income-tax | in || respect | || of | || the | || income at the rates prescribed | || in paragraph a | || of | || pan | || i | of || this | schedule, || if | || such | || income had been the | total || income, | || (whichever is higher | || 20 | || (ii) | || on the income from | interest || 12·5 | || per cent | || 2·5 | || per | cent || payable | || on | any security || central | || government | || issued | || or | || declared | || to | || be | || income-tax | || free, | || and interest payable on any | || 25 | || security | of || issued | income-tax free, || the | || income-tax whereon is payable | || by | || the | state government |2 in the case of a company-30 (a) where the company is either an indian company or a company which has made the prescribed arrangements for the declaration and paymenf of dividends within 35 india,- ' on the whole income (excluding interest payable on any security of the central government issued or declared to be incometax free, and interest payable on any security of a state government issued income-tax free, the income-tax whereon is payable by the state government) ; 20 per cent nil " income-tax rate of income-tax rate of surclwje 5 (b) where the company is neither an indian company nor a company which has made the prescribed arrangements for the declaration and payment of dividends within india,-10 15 20 (i) on the income from dividends payable by an indian company which is not such a company as is referred to in section 108 of the income-tax act and which is wholly or mainly engaged in the business cjf generation or distribution of electricity or of construction, manufacture or production of anyone or more of the articles or things specified in the list in part iii nil of this schedule ; 15 per cent nil (ii) on the income from dividends payable by any other indian company or any 'compaliy which has made the prescribed arrangements for the declara tion and payment of dividends within india; 25 per cent 30 35 nil (iii): on the income from royalties payable by an indian concern in pursuance of an agreement which is made by it with the indian concern on or after the 1st day of april, 1961, and which has been appt'ovcd by the central: government ; 50 per cent 45 nil (iv) on the income from fees for rendering technical services received from an indian concern in pursuance of an agreement made by it with the indian concern after the 29th day of february, 1964 and which has been approved1ty the central government ; 50 per cent income-tax rate of income-tax rate of surcharge s 10 'nil ( 'v) on the income from interest payable on any security of the centtal government issued or declared to be income-tax free, and interest payable on any security of a state government issued income-tax free, the income-tax whereon is payable by the state government ; and - -40 per cent nil ('vi) on any other income 6s per cent is part iii list of articles and things(1) iron and steel (metal), ferro-alloys and special steels (2) aluminium, copper, lead and zinc (metals) (3) coal, lignite, iron ore, bau'xite, manganese ore, dolomite, lime-20 stone, magnesite and mineral oil (4) industrial machinery specified under the heading "8 industrial machinery", sub-heading iia major items of specialised equipment used in specific industries", of the first schedule to is of 151 the industries (development and regulation) act, 1951 25 (5) boilers and steam generating plants, steam engines and turbines and internal combustion engines (6) flame and drip proof motors - (7) equipment for the generation and transmission of electricity including transformers, cables and transmission towers 30 (8) machine tools, precision tools (including cutting tools and small tools), dies and jigs (9) tractors and earth-moving machinery (10) steel castings and forgings and malleable iron and steel castings 9s (11) cement and refractories (12) fertilisers, namely, ammomum_aulphate, ammonium sulphate nitrate (double salt), ammonium nitrate, calcium ammonium nitrate (nitroline stone), ammonium chloride, super phosphate, urea and complex fertilisers of synthetic origin containing both nitrogen and phosphorus, such as ammonium ph08- s phates, ammonium sulphate phosphate and ammonium nitro phosphate (13) paper and pulp (14) tea (15) electronic equipment, namely, radar equipment, computers, 10 electronic accounting and business machines, electronic communication equipment, electronic control instruments and basic components, such as valves, tranaistors, resistors, condensors, coils, magnetic materials and micro wave components (16) petrochemicals including corresponding products manufac- is tured from other basic raw materials like calcium carbide, ethyl alcohol or hydrocarbons from other sources (17) ships (13) component parts of the articles mentioned in items nos (4), (5), (7) and (9), that is to say such parts as are essential for 20 the working of the machinery referred to in the items aforesaid and have been given for that pwpose some special shape or quality which would not be essential for their use for any other purpose and are in complete finished form and ready for fttment 25 the second schedule (see section 3) rates of annuity deposits(i) in the case of any depositor whose total income does not exceed rs 15,000 nil 30 (ii) in the case of any depositor whose total income exceeds rs 15,000 but does not exceed rs 20,000-5 per cent of the adjusted total income: provided that the annuity deposit to be made shall in· no case exceed half the amount by which the total income exceeds rs 15,000 3s (iii) in the c:ue of a depositor whose total income exceeds rs 20,000 but does not exceed rs 40,000-76 per cent of the adjusted total income: 5 provided that the annuity deposit to be made aball in no cue exceed the aggregate of the followine luma, nuaeb':-(4) an amount calculated at five per cent on so much of the adj usted total income as does not exceed rs 20,000; (b) one-half qf the amount by which the total income exceeds ri 20,000 (iv) in the case of a depositor whose total income exceeds rs 40,000 but does not exceed rs 70,000-10 per cent of the adjusted total income: 10 provided that the annuity deposit to be made ahall in no case is exceed the aggregate of the following sums, namely:-(4) an amount calculated at sev~ and a half per cent on so much of the adjusted total income as does not exceed rs4o,000; (b) one-half of the amount by which the total income exceeds rs40,000 (v) in the case of a depositor whose total income exceeds rs 70,000-12 per cent of the adjusted total income: 20 provided that the annuity deposit to be, made shall in no case exceed the aggregate of th~ following sums, namely:-25 (a) an amount calculated at ten per cent on so much of the adjusted total income as dews not exceed rs 70,000; (b) one-half of the amount by which the total income exceeds rs 70,000 explanation-in this schedule, "total income" means total income computed in the manner laid down in the income-tax act without making any allowance under section 2800 of that act the third schedule (s ee section 75)part i in the first schedule to the tari1f act,-(i) in item no 30, for the figures "60" and "50" in the fourth and fifth columns, the figures al75" and "65" shall, respectively, be substituted; 35 (ii) in items nos 31, 31 (2) 31 (3) and 31 (5), for the entry against each of them in the fourth column the entry "100 per cent ad valorem" shall be substituted; (iii) in item no 31 (1), for the figures "75" and "65" in the fourth and sixth columns, the figures "100" and u90" shall, respectively, be substituted; (iv) in item no 44, for the figures u50" in the fourth colwnn, the figures "75" shall be substituted; (v) in i_t~m no 46 (3), for the figures "26" in the fourth column, the figures "50" shall be substituted; (vi) in item no 47 (2), for the entry in the fourth column, 5 the entry "rs 10·25 per kilogram or 75 per cent ad valorem, whichever is higher" shall be substituted; (vii) in item no 63 (10) ,-(i) for the entry in the fourth column against sub-item (i), the entry "rs 305·00 per tonne" shall be substituted; 10 (2) for the entry in the fourth column against sub-item (ii) the entry "rs 325'00 per tonne" shall be substituted; and (viii) in item no 63 (20a) , for the figures "30" in the fourth column, the figures "100" shall be substituted i5 part iiitem ne name of nature standard preferential rate of duration article of rate of du:h if the article of produty duty is e produce or tective manufacture of rates of 20 duty the a united british kingdom colony i 3 s 6 7 25 in the first schedule to the tariff act, in section vi, after item no 28a, the following item shall be inserted namely:-"28b sodium prefelooper 90 per 90 per " hydrosulrential cent cent cent phite revenue ad "aid-ad "aload "alo-,,,,, r", rem -- statement of objecrs and reasonsthe object of-the bill is to give effect to the financial proposals of the central government for the financial year 1965-88 and to provide for certain connected matters the bill, inter cllia~ proposes the grant of tax credit certificates for certain purposes this is being done with a view to stimulating industrial output 81'1d investment in new equity issues and for the purpose of facilitating dispersal of existing industries from urban areas to other areas for relieving congestion the notes on clauses explain the various provisions contained in the bill new deijii; t t krishnamachari the 27th februllty 1965 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f~3 (16)-b/65, dated thtr 27th february, 1965 from shri t t krishnamachari, minister of finance to the secretary, lok sabha] ~ i !ill the president having been informed of the subject matter of the proposed bill, recommends under article 117 (1) and (3) read with article 274 (1) of the constitution of india, the introduction of the finance bill, 1965 to the lok sabha and also recommends to the lot sabha the consideration of the bill 2248 (b) ls-ll note on clause,clciuse 2 prescribes the rates of income-tax and surcharge on: income-tax (wherever leviable) for the assessment year 1965-66 for income other than capital gains, and also the rates at which incometax and surcharge (where leviable) are to be dcduded at source from interest on securities, dividends and other income during the financial· year 196fmj6 as the provision relatinr to the charge of super-tax us been removed from the income-tax act, 1961 under various amendments to that act incorporated in this bill, no levy of supertax has been prescribed for the assessment year 1965-66 the element of super-tax has, however, been integrated in the new rate structure of income-tax prescribed in the bill in the rate schedule of income-tax for individuals, hindu undivided families, unregistered fhms and associations of persons etc, the income slabs have been regraded and the' rates of tax for the first and the top slabs, as well as for several intermediary slabs of income, llave been reduced from those applicable for the assessment year 1964-65 unlike under the rate schedules of income-tax for the assessment year 1964-65, which contain an initial slab of income free of income-tax, the rate schedule for the assessment year 1965-66 does not contain any iditial-slab of income exelllpt from income-tax however, in the case of individuals and hindu undivided families- - (other than non-residents) j provision has been made for reduction' of the tax calculated on the total income by a specified amount of tax relief on' account of personal allowances the amount of this tax relief has been calculated at the rate of income-tax on the first slab of income on various amounts of personal allowances, which are higher than the initial slabs of income exempt from income-tax in the case· of individuals and hindu undivided families under the finance act, 1964 the amount of unearned income not liable tlj surcharge for the assessment year 1965-66 is rs 15,000 as compared with rs 10,000 under the finance act, 1964 further, the rates of surcharge on the income-tax on unearned income fot 1965-66 have been prescribed on the basis of slabs of such income (instead of for ranges of unearned income as under the finance act, 1964), and the tax on the first slab of unearned income of rs 15,000 is free of surcharge in all cases the rates of surcharge on the tax on the next slab of unearned incon:te of rs 35,000, ie, up to rs 50,000, is 20 per cent, and on the balance it is 25 per cent in the case of individuals and hindu undivided families, interest on government securities is free from the surcharge in respect of unearned income, but it is liable to the surcharge leviable in respect of earned income as regards surcharge on the tax on earned income, the first slab of such income upto rs 1 lakh remajns free of surcharge as under the finance act, 1964, but the rate for the next slab of rs 1 lakh upto rs 2 lakhs has been fixed at 5 per cent (instead of 10 per cent as under the finance act, 1964), on the next rs 1 lakh upto rs 3 lakhs, it is 10 per cent, and for the balance of the earned income, it is 15 per cent non-residents as well as assessees who are resident but not ordinarily resident in india will be charged to tax for the assessment year 1965-66 on their income assessable in india in the same manner as resident assessees, but non-residents will not be entitled to any tax relief on account of personal allowances the effect of all these changes is that the incidence of tax on personal income at all levels will be lower than what it was for the asspssment year 1964-65 in the case of registered firms, the rates of income-tax are the same as for the assessment year 1964-65 the general rate of surcharge on income-~ is 20 per cent, but in the case of a registered 'firm whose income· from profession is 51 per cent or more of its total income, the surcharge will be reduced by one-half in the case of, co-operative societie __ a separate rate schedule of income-tax has been prescribed, because in their case super-tax was chargel under tm finance act, 1964 at a concessional rate in their case, a single surcharge on income-tax will be levied in respect of income exceeding rs 25,000 at a uniform rate of 61 per cent, instead -of three surcharges leviable under the finance act, 1964, viz, the surcharge on income-tax on unearned income and earned income, :and surcharg~ on super-tax in th~case of companies, the rate of income-tax (as consolidated with super-tax) has been fixed at 80 per cent (made up of preintegration income-tax, 25 per cent plus super-tax 55 per cent), but this is subj~ct to vario~s rebate~'6n different types of income, corresponding to the rebates of super-tax admissible under the finance act, 1964 in the case of companies in which the public are not substantiauy interested and which are wholly or mainly engaged in the business of manufacture or production of goods or construction o! ships or in mining or the generation or distribution of electricity the rate of tax on the first rs 10 lakhs of their income has been fi'"(ed at 50 per cent, and on the balance of the income it will b~ 60 per cent (under the finance act, 1964, the rate of tax c>n the first rs 2 lakhs of the income of companies of the above ca tegory whose total income did not exceed rs 5 1akhs was 50 per -cent; add on the balance, it wasjso per cent) in the case of au other compame!ij, the rates of income-tax are the same as for the &l8es8meut year 1964-m' ';file special rebate of tax provided under the finance act, 1964 od income derived by companies (other than those which do not declaretheir dividends in india) from the manufacture or production of specified articles of priority and basic industries, equivalent to 10 per cent of the normal tax, is being continued' for the assessment year 1965-66 the area of this benefit has been enlarged by the addition of several new items in the list of such articles which is contained ill part m of the first schedule to the bill the rates at which tax is to be deducted at source from the income' of d04-residents during the financial year 1965-66 has been fixed at 30 per cent, or the amount of income-tax and surcharge on incometax calculated on the whole of the income liable to such deduction at the rates prescribed in the rate schedule of income-tax in paragraph a of part i of the first schedule to the bill, whicheve1' ~ highet this compares with the rate for deduction of tax at source at 48·375 per cent (subject to a higher deduction on account of super-tax 'where the income attracts super-tax in accordance with the rate schedule applicable to resident assessees at a rate higher than 19 per cent) which was presciil?ed under the finance act, 1964 in the case of resident assessees and companies, the rate for deduc; tion of tax at source for the financial year 1965-66 is the same as for the financial year 1964-65 the b~is and the quantum of tax rebates in relation to exports' for the assessment year 1965-66 are the same as for the assessment year 1964-65 clause 3 prescribes the rates at which annuity deposits in respect of the assessment ye'ar 1965-!>6 and advance annuity deposits for the financial year 1965-66 will be required to be made by individuals" hindu undivided families, unregistered firms, associations of persorj,s, ~ ; etc under the provisions of chapter-xxiia of the income-tax act sub-clause (i) of clause 4 seeks to amend clause (7) of section 2' of the income-tax act this amendment is consequential to the ,amendment under clause 29 of the bill sub-clause (ii) of clause 4 seeks to omit clause (11) of section 2' of the income-tax act this omission is consequential to the amendment under clause 29 of the bill sub-clause (iii) of clause 4 seeks to amend clause (18) of section 2 of the income-tax act and clause (i) of explanation 1 to that clause the effect of' ibis amendment will be that a company whose equity mares to the extent of not less than 50 per cent (40 per cent in the case of an industrial company) are held by another company in which lhe public are substantially interested or by a 100 per cent subsidiary of such a company will be regarde4 as a company in which the pub lie are &ubstantially interested if it satisfies other conditions of section 2 (18) further, in ascertaining whether the affairs of the company or the shares carrying more than 50 per cent of its total voting power were at no time during the relevant previous year controlled or held by five or less persons, no account will be taken of a company in which the public are substantially interested or a 100 per cent lubsidiary of such a company which holds not less than 50 per cent (or 40 per cent as the case may be) of the equity shares of the ftrst- mentioned company sub-clause (iv) of clause 4 seeks to amend clause (22) of section 2 of the income-tax act the effect of the amendment would be that the distribution received by the shareholder of a company on the· reduction of its capital or on its liquidation would, to the extent such distribution is attributable to the capitalised profits of the company from which bonus shares have been issued by it to its equity shareholdt!:s after 31st march, 1964, would not be chargeable to tax in the hands of e shareholder as his dividend income sub-clause (v) of clause 4 seeks to amend clause (30) of section 2 of the income-tax act this amendment is consequential to the amendment under clause 35 of the bill sub-clause (vi) of clause 4 seeks to amend clause (43) of section 2 of the income-tax act this amendment is consequential to the amend-· ment under clause 29 of the bill further, this sub-clause seeks to insert a new clause (43a) in section 2 of the income-tax act to define a "tax credit certificate'" to mean a tax credit certificate granted to any person in accordance w:th the provisions of chapter xxiib of the act and any scheme made thereunder sub-clause (vii) of clause 4 seeks to omit clause (46) of section % of the income-tax act this amendment is consequential to the amendment under clause 35 of the bill clause 5 seeks to amend section 8 of the income-tax act to secure that an interim dividend paid by a company shall be deemed to be the income of the previous year in which the amount of such dividend is unconditionally made available by the company to the member who is entitled to it this amendment secures that the year of taxability of the interim dividend will be determined withou\ regard to the method of accounting followed by the assessee sub-clause (i) of clause 6 seeks to insert a new clause (4a) insection 10 of the income-tax act to secure that in the case of a non-resident, any income from interest on moneys standing to his credit in a non-resident account in any bank in india in accordance with the foreign exchange regulation act, 1947 and the rules made thereunder will be excluded in computin~ the total income of the non-resident sub-clause (ii) of clause 6 seeks to amend sub-clause (vii) (a) of clause 6 of section 10 of the income-tax act the effect of this amendment will be that a foreign technician having specialised know ledge and experience in constructional or manufacturing operations or in mining or in the generation or distribution of power who is now exempt from tax on his salary for a period of 36 months 'from the date of his arrival in india and from further tax on the tax paid by his employer on his salary for the following 24 months, · will henceforward be entitled to exemption from tax on the tax paid by his employer for a period of 60 months following the expiry of the initial period of 36 months, provided that the approval of the · central government is obtained to his continuing to remain in em- ployment tn india for the extended period sub-clause (iii) of clause 6 seeks to amend clause (13) of section '10 of the income-tax act to secure that any payment from ad approved superannuation fund by way of refund of contributions · ,to an employee on his leaving the service in connection with wbicb the fund is established, otherwise than by retirement at or after a · specified age or on his becoming incapacitated prior to such retirement will be excluded in the computation of his total income to the -extent to which such payment does not exceed the contributions · made prior to the commencement of the income-tax act, 1961 and any interest thereon sub-cla-use (iv) of clause 6 seeks to insert a new clause (28) in section 10 of the income-tax act to the effect that in the case o{ any person who is granted a tax credit certificate, any amount adjusted or paid to him in respect of such certificate under the pl'ovlshms of chapter xxiib proposed to be introduced in the act by clause 62 of the bill will not be included in the computation ~f his total income clause 7 seeks to amend section 18 of the income-tax act to · exclude from the head of income "interest on securities" the interest elej?:l~nt included in an annuity payable under section 280d of the" income-tax act sub-clause (i) of clause 8 seeks to amend sub-section (1) of section 33 of the income-tax act the effect of this amendmen twill ' be that in the case of machinery or plant installed after 31st march, 1965 for purposes of the business of construction or manufacture or production of anyone or more of the articles specified in the list in·, the fifth schedule proposed to be inserted in the income-tax act by clause 67 of the bill, development rebate will be admissible at the rate of 25 per cent of the actual cost, and in the case of any other machinery or plant installed after 31st march, 1965, develop--ment rebate will be allowed at 20 per cent of the actual cost, and· where it is installed after 31st march, 1967, at 15· per cent of such· cost sub-clausc! (ii) of clause 8 seeks to amend sub-section (2) of; section 33 these amendments are consequential to the amendment sought to be made by clause 'd of the bill sub-clause (iii) of clause 8 seeks to insert a new sub-section (6)" in section 33 of the income-tax act the effect of this amendment will be that no development rebate will be admissible in respect of machitjery or plant installed after 31st ,march, 1965 in any o1llce' premises or in any residential accommodation, including guest houses clause 9 seeks to insert a new section 33a in the income-tax act under this st"ction, a deduction by way of development allowance' equivalt:!nt to 40 per cent of the actual cost of planting of tea in· new areas and 20 per cent of the actual cost of planting in replacement of bushes in existing areas will be made in computing incomefrom a business of growing or manufacturing tea in india subject to certain limits and conditions, which are broadly similar to those in existence in respect of the deduction of development rebate in respect of machinery or plant the actual cost of planting for the' purposes of the development allowance will include cost of preparing the land, cost of seeds, cuttings and nurserjes and also the cost of upkeep of the area for a period of 4 years including the previous year in which the land was prepared the actual cost of planting for the purpose of this allowance will be subject to a ceiling of rs 12,5~0 per hectare if the land is in a hilly area and rs 10,000 per hectare if the land is in any other area these figures are approximately equivalent to rs 5,000 per acre and rs 4,000 per acre respectively the development allowance will be admissible in respect of the expenditure on planting commenced after 31st march, ins and, in respect of planting in jeplacement of bushes in an exist· : jag area where the planting has commenced after 31st march, 1965 and is completed before 1st april, 1970 the allowance will be made in computing the income assessable for the assessment year relevant to the third succeeding previous year next following the previous year in which the land has been prepared clause 10 seeks to amend section 34 of the income-tax act this amendment is consequential to the amendment of section 47 sought to be made by clause 15 of the bill clause 11 seeks to insert a new clause in sub-section 0) of section 36 of the income-tax act under this provision, any expenditure bonn fide incurred by a company for the purpose of promoting family planning amongst its employees will be allowed as a deduction in computing the compally's income under the head "profits and gains of buiiiness or profession" where the expenditure in this respect is of a capital nature, one-fifth of such expenditure will be deducted in the previous year in which it was incurred and in each of the four immediately succeeding previous years clause 12 seeks to make certain amendments to section 37 of the income-tax act which are consequential to the insertion of a new section 33a in the income-tax act under clause 9 of the bill clause 13 seeks to make certlftn amendments to sub-clause (iii) of clau::ie (c) of section 40 of the income-tax act the effect of one of these amendments would be that the expenditure incurred by companies in providing any benefit or amenity or perquisite to their employees whose income chargeable under the head "salaries" does not exceed rs 7,500 would not be taken into account for the purposes of tr e aforesaid provision the effect of the other amendment would be that in coml=utlng the expenditure incurred by a company in providing any benefit, amenity or perquisite to its employees for the purposes of the aforesaid provision, the perquisite represented by the tax paid by the company on the salary income of a foreign technician in its" employment [whichtr exempt from tax in the hands tlf the technician under section 10 (6) (vii) of the act], and any expen- diture incurred by a company for promoting family planning amongst its employees, would also not be taken into account clause 14 seeks to amend section 43 of the income-tax act this amendment is consequential to the amendment of section 47 of the act sought to be made by clause 15 of the bill clause 15 seeks to amend section 47 of the income-tax act by the insertion of a new clause (11) the effect of this amendment will be that any transfer of a capital asset by a subsidiary company to the holding company will dot be treated u a transfer for purpos of the chargeabuity to tax under the head "capital gains" under section 45 where the subsidiary company is a 100 per cent subsidiary of the holding company and the latter 'is an indian company: suli-claulc (i) of clause 16 seeks ,to amend clause (iii) of section 49 of the income-tax act this amendment is consequential to the amendment to section 47 under clause 15 of the bill sub-clause (ii) of clause 16 seeks te insert an explanation at the· end of section 49 of the income-tax act the effect of this provision" will be that where a capital asset became the property of the assessee on any distribution of assets on the total or partial partition of:' hindu undivided family or under a rift or will qr under successi~ inheritance, devolution, etc, the cost 'of acquisition of the asset to the previous owner of the property will mean the cost of acquisition to the last previous o~r who acquired it otherwise than by any of the modes of acquisition specified in the section ": , clause 17 seeks to insert a new section 54a in the income-~' act under this section, an individual who is net a citizen of 1dc:f:i&' or a company which is not an indian company transferring, 'my shares held by him or it in an indian company and becoming liabie to pay tax on the capital lains arising out of such transfer will bi entitled to a credit of the whole or part of- the tax so payable proportion to the amount of the proceeds of the transfer as reduced by the cost of acquisition of the transferred shares, which are re; invested in any of the approved investments within a period of two years from the date of the transfer of the shares clause 18 seeks to insert a new clause (ia) in sub-section (2) of section 56 of the income-tax act to secure that an annuity ~ue ~ the commuted value of any annuity paid under section 289d of ~ income-tax act will be chargeable to tax under the head "income from other sources" clause 19 seeks to insert a new section 69b in the income-to: act the effect of this amendment will be that where in any ~ , , cial year, the assessee has made any investment or is found to be the owner of anybullion, jewellery or other valuable article and the income-tax officer finds that the amount expended on makil)g such investment or in acquiring such bullion, jewelle17 or other valuable article exceeds the amount recorded in this behalf in the books of account maintained by the assessee for any source of income, the excess amount may be deemed to be the income of the assessee for such financial year unless he is able to offer satisfacto!'f explanation for the same 2248 (b) ls-12 ~ czauae 20 seeks to introduce a new chapter via in the incometu act containing provisions relating to deductions to-be made in qomputing the total income under section 80a of the proposed chapter, an individual or hindu undivided family will be entitled to a deduction of an amount equal to 50 per cent of the aggregate of the qualifying sums in respect of payments towards life insurance premia, contributions to provident funds and superannuation funds and deposits in certain cumulative time deposit accounts in the post oftice eic this provision will replace the existing provision in section 87 of the act relating to the allowance of rebate in respect of such sums and will come into effect from the assessment year 1966-67 in the case of assessees whose total income assessable for the assessment year 1965-66 ineludes any income chargeable under the head "salaries" from which tax is deducted or deductible at source in accordance with the provisions of section 192, and from the assessment year 1965-66 in the case of other assessees the monetary limit of the qualifying amount in respect of the sums referred to above will be rs 12,500 in the case of an individual and rs 25,000 in the case of a hindu undivided family, as against the existing monetary limit of rs 10,000 in the ease of an individual and rs 20,000 in the case of a hindu undivided family for the purpose of rebate of tax under the new section 80b, an individual or a hindu undivided family resident in india will be entitled to a deduction lof a speclfted iudl in the computation of the total income where expenditure has been incurred by him or it on the medical treatment (including nursing) of a physically or mentally disabled person who is a relative of the individual or is a member of the hindu undivided family and is dependent on the individual or the hindu undivided family for his support the deduction will be admissible only where the total income oi the individual or the hindu undivided family as computed before making any deduction under this chapter and before deducting any annuity deposit under section 2800 does not exceed rs 20,000 and will be reduced in either ('jise by the income, if 8py, of the disabled dependant ( the new section aoc provides for relief subject to certain conditions in respect of premiums paid by partners of registered firms of chartered accountants, architects, solicitors or lawyers, under an approved contract, or contributions made to an approved fund, for the purpose of securing retirement annuities in old age the relief will be by way of deduction of the amount of the premiums not exceeding one-tenth of the total income of the individual 10r the year (subject to certain adjustments) or rs 5,000, whichever :is less, in computingqis total income the annuity when received will be trea,ted as earned income to 'the extent to which it is attributable to the amount of deduction allowed under this section, and charged to tax accordingly the approval of annuity contracts and funds will be given by the <=ommissioner subject te certain rules and conditions the new section 80d contains definition of certain terms used in :this chapter clause 21 seeks to amend section 84 of the income-tax act this amendment is consequential to the amendment under clause 29 of the bill clause 22 seeks to insert a new section 85a in the income-tax act to secure that income from dividends received by one company :from another indian company or a company which has made the prescribed arrangements for the declaration or payment of dividends within india will bear income-tax at the rate of 25 per cent further, 1n the case of a company which has not made the prescribed arrange ment for the declaration and payment of dividends within india and which receives dividend from an indi'an company in which the pubuc are not substantially interested and which is wholly or mainly -engaged in certsln priority industries, the income from dividends will bear income-tax at the rate of 15 per cent - clause 23 seeks to amend section 86 of the income-tax act this amendment is consequential to the amendment to the income-tax act under clause 24 of the bill clause 24 seeks to introduce a new section 86a in chapter vn of the income-tax act under the new section, income from interest ~n securities issued income-tax free by the central government or by any state government on which income-tax is payable by the 'state government, which is included in the total income 9f an agsessee will qualify for: a rebate of income-tax calculated thereon :at the average rate of income-tax or at the rate of 25 per cent which--ever is less this amendment is consequential to the amendment under clause 29 of the bill clause 25 seeks to amend section 87 of _the income-tax act the amendment sought to be made by sub-clause (i) is consequential to the amendment under clause 29 of the bill, while that sought to be mad~ by sub-clause (ii)' is consequential to the introduction of de1lj section 80a in the act under clause 20 of the bill ' clauae 26 seeks to amend section 88 of the income-tax act the 'amendments td 'sub:clauie (i) and sub-clause (iii) are consequential to the amendment under clause 29 of the bill the effect of the amendments under sub-clause (ii) and sub-clause (iv) will be that the assessee will be entitled to a rebate of tax in' respect of donations given for the renovation or repair of any temple, mosque, gurdwara, church or other place which is notified by the central government in the official gazette to be a place of public workship of renown throughout any state or states at present the rebate of tax is available o~y where the temple, mosque, etc is notified by the central government to be of historic, archaeological or artistic importance the monetary limit upto which such donations will quality for the rebate is also sought to be raised from rs 2 lakhs to rs 5 lakhs clauses 27 and 28 seek to amend sections 90 and 91 respectively of the income-tax act these amendments are consequential to the amendment under clause 29 of the bill cla1j8e 29 seeks to amend chapter xi of the income-tax act which contains provisions relating to charge of super-tax these amendments i:teek to remove the charge of super-tax and consequentially, to omit the provisioiut relating to rebate or relief in respect of super-tax, and to substitute the levy of super-tax on the undistributed profits of certain companies by the levy of income-tax thereon chapter xi will hereafter contain only the provisions relating to charge of additional income-tax ~ith reference to the undistributed income of certain companjes, clause 30 seeks to amend section 104 of the income-tax act the amendment in sub-clause (i) is consequential to the amendment under clause 29 of the bill the amendment in sub-clause (iii) secures thlt a non-trading company (o~ler than an investment company) which is liable to the additional income-tax on undistributed income will pay such tax at 25 per cent of the undistributed income while a ~ding company will p~l such tax at 37 per cent the amendment in sub-clause (ii) is consequential to the amendment in sub-clause (iii) czause 31 seeks to amend section 109 of the income-tax act the amendment in sub-clause (iii) secures that in the case of a nontrading company which is liable to the additional income-tax on undistributed income at the rate of 25 per cent under the amendmen~ iflclause 30, the statutory percentage qf distributable income will tinue to be 60 per cent until the accumulated profits and reserves ~the company exceed twice the aggregate of the paid-up capital and loan capital, which, is the property of the share-holders, or ·twice the value of the fixed assets, whichever is greater the amendment in sub-clause (ii) gives the definition of "trading company" and the amendment in sub-clause (i) is consequenui 19 -the amendmen-; in clause 29 of the bill clauses 32 to 34 seek to amend certain provisions of the incom~ -tax act in consequence of the amendment under clause 29 91· the bill clause 35 seeks to omit section 113 of the income-tax act th~ effect of this omission will be that a non-resident assessee, not being a company, will be chargeable to tax on his total income at the average rate of tax applicable to such income clause 36 seeks to amend section 114 of the income-tax act sub-·clause (ii) (b) seeks to introduce a second proviso in sub-clause (ii)· of clause (b) of section 114 this proviso will have the effect of 'reducinj!! the tax calculated on the capital gains relating to bonus :shares chargeable under sub-section (2) of section 45 by an amount equal to 10 par cent of the face value of the bonus shares or ~e amount of income-tax so calculated, whichever is less the rest of the amendments sought to be made by this clause are consequential to the amendment under clause 29 of the bill clause 37 seeks to substitute section 115 of the income-tax act by a new section under the new section, the income-tax calculated in the case of a company on its income under the head "capital gains:' relatin~ to bonus sh:ares chargeable under sub-section (2) of section 45 will be reduced by an amount equal to 10 per cent of the face value of the bonus shares or the amount of income-tax so calculated, whicheve~ is less the remainin~ changes from the existing provisions of section 115 are consequential to the amendment under clause 29 of the bill clause 38 seeks to amend section 131 of the income-tax act to confer on the inspecting assistatlt commissioner of income-tax the powers of discovery ~d inspection, enforcing attendance of any person, including any officer of a banking company, and examining him on oath, compelling production of books of acco~t and other documents and is~~g commissions at present ~ese p~wers are available to the income-tax 'officer, appellate assistant commissioner and commissioner under this section and also to the appellate "tribunai under the ot~er provisions of the act clause 39 seek~ to amend section 155 of ~e income-tax act the :amendme:lt undef sub-cla~e(i) is consequential to the introduction - of the !l'!w section 33a in the income-tax act under clause 9 of the- ~11l the amendment in sub-clause (ii) is consequential to theamendment under clause 29 of the bill --clause 40 seeks to amend section 164 of the income-tax act this: amendment is consequential to the amendment under clause 3~ of the bill clault! 41 seeks to amend section 178 of the income-tax act the' effect of these amendments will be that the liquidator of a company who is under a statutory obligation to notify the income-tax officer of his appointment within 30 days of his becoming the liquidator, will be debarred from partin~ with the assets of the company and properties in his hands until he is notified by the income-tax officer of the amount which will be sufficient to provide for any tax which: is then, or is likely thereafter to become, payable by the company' except with the previous approval of the commissioner and for ar specific purpose, namely payment af the tax payable by the company, payments to secured creditors whose debts are entitled under law to priority of payment over debts due to government on thedate of liquidation and meeting such costs and expenses of thewinding up of the company as are, in the opinion of the commissioner r reasonable if the liquidator either fails to notify the incoljle-tax: officer of his appointment within the time specified or fails to set aside the amount intimated to him by the income-tax officer as: being sufficient to provide for the tax liability of the company or parts: with any of the assets of the company or property in his hands ill' contravention of the above provisions, he shall be personally liablefor the payment of the tax which the company would be liable to payor, as the case may be, the amount intimated to him by the-income-tax officer clauses 42 to 52 seek to amend the provisions of the income-tax act in consequence of the amendment under clause 29 or clause 35 of' the bill l clause 53 seeks to amend sections 213 to 217, 220, 243 and 244 of the· income-tax act to secure that the rate of interest chargeable odt delayed payments of tax and the interest payable by gov~rnment on delayed refunds will be six per cent as against the existing rate of 4 per ce~t per annum c1-""use 54 seeks to amend sub-section (5) of section 226 of the: f in _-income-tax act to secure that the commuwloner 0 come-wia may th rise by general or special order the recovery of my arrears o! :: d:e from an assessee by distraint add sale of}8 fmmovable~ property clauses 55 to 57 seek to make amendments to the income-tax act which are consequentia! on the amendment under clause 29 of the bill clause 58 seeks to introduce a new section 276a in the income-tu act to provide that a person who is appointed as liquidator of - company and who fails to give notice of his appointment to tile income-tax officer as required by section 178( 1) or fails to set aside the amount which is intimated to him by the income-tax ofticeru bein~ sufficient to cover the tax liabilities of the company as required' by section 178(3) or parts with any of the assets of the company or the properties in his hands in contravention of the provisions of section 178(3) shall be punishable with rigorous imprisonment the term of such imprisonment is subject to maximum of two years and a minimum of six months as in sections 277 and 278 clause 59 seeks to amend section 279 of the income-tax act thu amendment is consequential on the insertion of the new section 276a under clause 58 of the bill clauses 60 and 61 seek to make amendments to the income-tax act which are consequential on the amendment under clause 29 of the bill clause 62 seeks to introdu~ a new chapter xxiib in the incometax act to provide for the grant of tax credit certificates for different purposes new section 280z in this chapter provides for the grant of a tax credit certificate to an individual or hindu undivided family id respect of amounts subscribed and paid by him or it to an eligible issue of capital by a public company the amount of the tax credit certificate will be calculated at graded rates witlr reference to the total amount paid during a financial year by the individual or hindu undivided family and will be limited to a maximum of rs 1,250 which is reached when the total payment is rs 35,000 a tax credi~ certificate for the amount so' calculated will be granted for the financial year in wbich the payment is first made and for each of the three following financial years subject to the condition that the relevant shares are held by the individual or hindu undivided famuy till the end of the respective financial years, and proportionately reduced if the whole or part of such shares are sold during any of these three years - new section 280za provides for the grant of a tax credit certificate to a public company which shifts, with the prior approval of the central board of direct taxes, its industrial undertaking from ad ~ban area (to be notified by the central government) to any other area, and in~ liability for payment of tax on the 'capital gains' derived from the sale of lands and buildings (or any rights therein) used for the purposes of its business in the urban area~ the amount of the tax credit certiftcate will be calculated as a prop~rtion of the tax payable on the 'capital pins', which the expenditure incurred by the company in acquiring lands or constructing buildings for the purposes of its business in the area and on the shifting of its machinery or plant and other effects and transferring its establishi,ment to such area, within a period of three years from the date of the board's approval to the shifting, bears to the 'capital gains' derived from the sale of its lands and buildings in the urban area as ~ed above if the investment in lands and buildings in the new area, including the expenditure on shifting, _ as stated above, equals or exceeds such 'capital gains', the tax credit certificate will be granted for the whole of the amount of the tax payable on the 'capital gains' the period of three years may be extended by the board in suitable cases if the company transfers the lands or buildings in the new area within !l period of five years to a person, other than government or a public sector corporation, an amount equal to one-half of the amount of the tax credit certificate will be taken back from the company new section 280zb provide-for the grant of a tax credit certificate to a company engaged in the manufacture or production of specified articles, where the company is liable to pay for any of the five assessment years, 1966-67 to 1970-71, an aggregate amount of income-tax and sur-tax in excess of the corresponding amount which it is liable to pay for the base year, namely, assessment year 1965-66 the amount of the tax credit certificate will be calculated at 20 per cent of such excess for each of the five years mentioned above in the case of a company which is not liable to pay any tax for the assessment year 1965-66, but becomes so liable for any but the last of the following five years mentioned above, such year will be treated as the 'base year' for that company, and the tax credit certificate will be granted for 20 per cent of the excess of the aggregate tax which it becomes liable to pay for any subsequent assessment year (within the five-year period mentioned above) over the aggregate tax of such 'base year' the amount of the tax credit certificate for any year will not,in any case, exceed ten per cent of the aggregate tax for that year an 'amount equal to the amount of the tax credit certificate t d under this section should be utilised by the company for i gran e fr fin'a1 th yment of loans taken by the company' om any anci e ,repa ' institutions to be notified in this ~ by the central government ()r for redemption of its debentures to enable it to have the benefit ()f the tax credit certificate new section 280zc provides for the grant of a tax credit -certificate to any person who exports any goods or merchandise out of india af~er 28th february, 1965 and receives the sale proceeds thereof in india through recognised fereign exchange channels the amount of the tax credit certificate will be calculated with reference ~ to the amount of such proceeds at the rate which will be specified in this behalf in the scheme to be made by the central government for this purpose the rate will in no case ~ceed 15 per cent new section 280zd provides for the grant of a tax credit certificate to any person' who manufactures or produces any goods for an "amount calculated with reference to the excess amount of duty of central excise on such goods which he pays in any of the financial years 1965-66 to 1969-70 over the amount of such duty which he has paid on such goods during the base year the rate at which the amount of the certificate is to be calculated will be specified in the scheme, but it shall not exceed 25 per cent of the excess stated above 'the b~:;e year lor this purpose is the financial year 1964-65, but in the case cf an undertaking which was not in production during that year, it wjl be any subsequent financial year in which it begins " productiur an amount equal to the amount of the tax credit certificate granted under this section should be utilised by the person for the repayment of loans taken by the person from any financial institutions to be notified in this behalf by the central government (including in the case of a company the redemption of its debentures) to enable it to have the benefit of the certificate the amount shown on a tax credit certificate granted to any person under the above sections will be adjusted against any existing liability 4 such person under the indian income-tax act, 1922 or the income-ta~ act, 1961 or any such liability arising within a period of twelve montl?s from the date on which the certificate is preduced before the income~tax officer, and the amount, if any, remainlng after such adjustment will be refunded ~o the person on the expiry of that period the "central government has been empowered to frame a scheme or schemes making detailed provisions for the implementation of the provisions relating to grant of tax credit certificates for vu:tous purpose! the scheme will, intet alia, contain provisions as to the manner in which and the authority by whom the certiftcate will be issued clause 63 seeks to amend section 294-of the income-tax act this ame~dment is consequential to the amendment under clause 29 of the bill c~use 64 seeks to amend section 295 of the income-tax act this amendment is consequential to the insertion of a new section aoa in the act under clause 20 of the bill clause 65 seeks to amend rule 3 of the first schedule to the income-tax act this amendment is consequential on the amendment under clause 29 of the bill clause 66 seeks to amend the fourth schedule to the income-tax act one of the amendments seeks to provide that no tax: should be deducted at source under rule 6 of part b, from a payment which is exempt under section 10(13) of the income-tax act the rest of the amendments are consequential to the amendments under clause 20 or clause 29 of the bill clause 67 seeks to introduce a new fifth schedule in the incometax act, specifying the list of articles and things for the purposes of the allowance of development rebate on machinery or plant at the enhanced rate of, 25 per, cent prescribed under the amendment to the income-tax act in clause 8 clause 68 seeks to make a provision for voluntary disclosures ot income which a person has failed to disclose in a return of income for any assessment year filed by him before 1st march, 1965 under the indian income-tax act, 1922 or the income-tax act, 1961, or which has escaped assessment for any assessment year for which an assess· ment has been made before 1st march, 1965 under either of the said acts or fqr the assessment of which no proceedings under either of the said acts have been taken before 1st march, 1965 such dis· closures may be made any time during the months of march, april ~ and may, 1965, but not thereafter the ·amount declared under this provision will be charged to income-tax at the rate of 60 per cent, but if the tax is paid during the month of march, 1965 at the rate of 57 per cent of the declared amount, there will be no further liability to tax in respect of that amount the tax on the amount declared may be paid any time during a period of six months from the date of declaration, provided the payment is guaranteed by a scheduled bank or central government securities sufbcient to cover the amount of tax are assigned to the president of india for this purpose the securities will be taken at their market value on the date of assignment the declaration under this section should be made to the commissioner and should, inter alia, contain particulars of the year or years in which the income was earned, and the form in which thedeclared amount is held and the location of the relevant assets where an amount is declared under this section and the tax there--on is paid, the balance may be credited by the declarant to his books" of account or other record, and if he does so, the amount declared' mall not be included in his total income for any assessment under· the indian income-tax act, 1922 or the income-tax act, 1961 or tne-excess profits tax act, 1940, or the business profits tax act, 1947, or the super profits tax act, 1963 or the companies (profits) surtax act, 1964 full secrecy will be ensured in respect of the particulars contained in any declaration or record of any proceedings under this section clause 69 seeks to amend the estate duty act, 1953 sub-clauses (i), (ii) (a), (iii) (a), (iv) (a) and (v) (a) respectively seek to reduce the period specified in sections 9, 10, 11, 12 and 2z for the inclusion in his estate of property gifted by the deceased durin,~ hft life time from two 'years to one year sub-clause (iz) seeks to make a similar amendment in section 46(2) in respect of debts or incumbrances repaid or discharged by the deceased where but for the repayment or discharge the liability would have beed precluded from deduction in the computation of the net principaj value of his estate sub-clauses (ii)(b), (iii)(b), (iv)(b) and (v)(b) respectively seek to amend sections 10, 11, 12 and 22 to secure that where the deceased had lived in a house or part thereof which he had gifted, or otherwise disposed of, in favour of the spouse, son, daughter, brother-w sister, and there is no right of residence reserved qrsecured to him under the relevant disposition or under any collateral disposition, the property will not be included in his estate sub-clatue (1:i) seeks to insert a new section 29a in the estate-duty act to secure that estate duty shall not be attracted in respect of any pension payable on the death of an employee to his widow or other dependants under the relevant pension rules of the central government, a state government, a local authority or a public sector corporation or in respect of any annuity or pension payable to the widow>or dependants of the employee from a superannuation fund" approved under the indian inc~me-tax act, 1922 or the income-tax act, 1961 or from a superannuation or pension fund estabushed by' snternational organisations to be notifled by the central government 'there will be a limit of rs 15,000 per annum on the annuity or pen- alon payable out of an approved superannuation' fund which qualifles for this exemption: -- sub-clawe (vii)(b) seeks to insert a new clause (0) in section 33(1) of the estate duty act to secure that property gifted by the deceased to the spouse, son, daughter, brother or sister, will not be uicluded in the estate of the donor if he dies after five years from the date of the gift, provided that the property is' either chargeable to gift-:tax under the gift-tax act, 1958, or is not chargeable under section 5 of that act for the assessment year 1964-65 or any subse-quent assessment year the amendments in sub-clauses (vii)(a) and (viii) are consequential to the amendments in the other sub-clauses clause 70 seeks to amend the wealth-tax act, 1957sub-clause (i) seeks to introduce a new clause (xx) in sub-section (1) of section 5 of the wealth-tax act to secure that where the assessee is the owner of any shares subscribed and paid for by him and such shares form part of the initial issue 01 the equity share capital made after the 28th february, 1965 by a company established with the ·ob_ct of carrying on an industrial undertaking in india, the value ()f such shares shall not be chargeabte to wealth-tax for a period of five successive assessment years commencing with the assessment year next following the date of such issue sub-clause (ii) seeks to amend part i of the schedule to the wealth-tax act to secure the levy of an additional wealth-tax on assets, being buildings or lands other than business premises or any right in such buildings or lands, situated in areas with a population exceeding 1 lakh, included in the net wealth of an individual or ,a hindu undivided family at graded rates on the slab system this additional wealth-tax will be calculated at the specified rates on the tettl value of such assets which exceeds certain initial exempt emounts prescribed having regard to the population of the area in which the assets are situated clause 71 seeks to ~mend the gift-tax act sub-clause (i) seeks to insert a new clause (va) in section 5(1) of the gift-tax act to secure exemptioqfrom gift-tax ·to a aift made to a temple, mosque, gurdwara,- church or other place which has bean notified by the central government for the purposes of section '8s( 6) o! the 'income-tax act or a gift of property by way of settlement on' trust where-the income from property is, ~ccordiog to the deed of ~ttlement, to be used exclusively in conne~on with sucb a temple, etc sub-czause (ii) seeks to introduce a new section l8a in· chapter ix of the gift-tax act to- secure that where any stamp duty has been paid on an instrument of gift of property in respect of which the gift-tax payable exceeds rs 1,000, the assessee shall be entitled to a deduction from the gift-tax payable by hun of ~ amount equal to the stamp duty so paid subject to a mufmum of one-hah of the- sum by which the aift-tax payable before ~nj:( the deduction for stamp duty exceeds rs 1,000' - clause 72 seeks to introduce a new section 4a in the preference shares (regulation of dividends) act 1960, and to make some consequential amendments to ~rtain other provisions of that act thenew sect~on 4a referred to above seeks to provide that in respect or preference shares, the stipulated dividend on which is subject to a deduction by the company concerned of the income-tax payable by it, the company shall not make a deduction in excess of 25 per cent~ of the amount of the stipulated dividend on such shares,-25 per cent_ bein~ the existing rate at which income-tax is chargeable od companies: the other amendments under this clause are consequential tc) the amendments to the income-tax act, 1961 under clause 29 of the-bill clause 73 seeks to amend section 32 of the unit trust of india act, 1963 these amendments are 'consequential to the amendment to the-incon~e-tax act (under clause 29 of the bill) relating to the removal of the charge of super-tax under one of the existing provisions, of the aforesaid section, an individual unit holder is allowed to deduct the qualifying amount of the dividend received on the units (viz, dividends not exceedinl{ a sum of rs 1,000) from his total income, normally, for the ~purpose of income-tax only and not for super-tax the deduction is allowed both for in~e-tax and supertax, only where the individual's income would not at~ract super-tax but for the inclusion therein of the amount of qdalifyinl{ dividend with the integration of super-tax with ,income-tax, a deduction of' the amount of the qualifying dividend would, however, result in a tax relief in respect of the element of super-tax also the proposed amendment, therefore, secures that on the integration of super-tax with in~ome-tax, the tax relief in terms of the consolidated income--tax would be limited to what the individual would be entitled to un~er the existing provisions of the aforesaid act under another existing provision in section 32 of the afo~said act, individuals are exempt from deduction of income-tax at source ·from the dividends paid to them by the unit trust when super-tax gets 4ntegrated into income-tax, the e~ect of the existing provision would be that non-residents would be exempt from the deduction of the element of super-tax also, fro~ the dividends mceived by them from the unit trust of india to avoid this position, it is sought to amend the relevant provision to provide that in the case of nonresident individuals, income-tax shall be deducted at source from the dividends received by th~m on the units, at the rate of 15 per cent clause 74 seeks to amend certain provisions of the companies (profits) surtax act, 1964 sub-clauses (i) and (ii)-the amendments under these sub-clauses are consequential to the amendments to the income-tax act, under clause 29 of the bill, relating to the removal of the charge of supertax i t i ~ ; j • ~: sub-clause (iii)(,,) introduces a provision limiting the aggregate amount of income-tax and surtax on companies of certain categories to 70 per cent of their total income if the aggregate amount of 5uch tax liability is found to be in excess of the aforesaid limit, the surtax otherwise payable by the company will be reduced by the excess amount for the purpose of this provision, income-tax will include the amount of income-tu i payable by the copany with reference to the amount of the dividends declared or distributed by it in respect of its equi~y capital, but will not include the income-tax payable by it with reference to bonus shares or borus issued by it to its shareholders in any year sub-clause (iii)(b) adds certain new items to the list of articles in paragraph 2 of the third schedule to the companies (profits) 'surtax act the profits derived from the production or manufacture , of which qualify for a rebate of surtax clause 75 read with the third schedule, seeks to increase the , -basic import· duties on certain ifems the changes are:-(i) the duty on certain paints, colours and painters' materials is propose'ci to be raised by 15% ad valo,em; (ii) the duty on essential oils, certain varieties of perfumery and paper is proposed to be raised by 25% ad 'valorem; (iii) the basic customs duty on raw cotton is pro~sed t~ be raised from 26 paise per kiloil"am to 50 ·paise per kilogram, (iv) the duty on art sillfyarn and thread is proposed to be raised by about 20% ad valo'rem; (v) the duty on steel tinplates is proposed to be raised by about 18% ad v4lorem; ",-(in) the duty on stainless steel plates and sheets is proposed to be raised by 70% ad valorem; and (vii) the duty on sodium hydrosulphite is proposed to be raised by 60% ad valorem cl4uae 76 seeks to continue up to the 31st day of march, 1966 the existing surcharge on customs duties clause 77-sub-clauses (1) to (5) seek to provide for levy of regulatory duty of customs up to the 15th day of may, 1966 on a flexible basis within the specified ceiling rates, for regulating or bringing greater economy in imports suo-clause (6) seeks to continue up to the passing of this act the regulatory duties of customs levied under the finance act, 1964 read with notifications issued under that act and the customs act, 1962 clause 78 seeks to maintain for another year the status quo in regard to commitments under the general aireement on tariffs and trade clause 79-sub-clause (a) seeks to substitute an ad valorem rate for the existing specific rates of duty on cigarettes; sub-clause (b) seeks to raise the rate of duty on steel ingots; sub-clause (c) seeks to raise the rates of duty on copper and copper alloys and their manufactures; sub-clause (d) seeks to raise the rates of duty on certain 'iron or steel prodl1cts and also to mo" the existing tarift classification sub-clause (e) seeks to revise the tarift classification of certain manufactures of aluminium; and sub-clause (i) seeks to raise the rate of duty on tin plate and tinned sheets clause 80 seeks to continue up to the 31st day of march, 1966 the existing special duties of excise i czauae 81-i i ' ',j" sub-clause, (1) to (5) seek to provide for levy of regulatoryd~ty of ex;cise \lp to the 15th day of :may, 1966 on a flexible basis within the specified ceilinj rates, for regulating or bringing greater economy in consumption sub-clause (6) seeks to continue up to the passing of this ,act the regulatory duties of excise levied tinder the finance act 1964 read with any exempijon ~otiftcation clause 82 like section 63 of the finance act, 1964 provides that salt shall be duty free for another year clciuse 83 seeks to substitute ad valotem rate for the existing:: ~t: rates of duty ~n cig~ettes in the additional duties of: excise (goods of special iuiportance) act, 1957 financialt memorandum income-tax and otiid didct taxissome of the provisions contained in the finance bill, 1965 will result in an increase in the work load on the income-tax department instances of these provisions are the levy of the additional wealth-tax on immovable property in certain areas, introduction of a deme of voluntary discloaures, grant of tax credit certiftcates for certain purposes and generally an- increase in the number of asses&eel expected during the financial year 1965-66 due to various measures adopted in this behalf the aforesaid measures will necessitate the employment of an additional number of officers and other staff the expenditure on this account together with the incidental expenses on administration is estimated at about rs 16·50 lakhs as indicated herein below:-number annual coat emolumedts ra i offiurs:| commiaaionen | of ||-----------------|---------|| 3 | || 3 | || x | || ra | || 23,800 | || 68,400 | || a | || iltult | || commiaaioncn | || | || ~ | || | || 10 | || 10 | || x | || ra | || it: | || 1:3t,ooo | || income-tu | || 0fiicen | || (claaa | || i) | || 28 | 28 || x | || ra | || ,000 | || 16 | || 0010 | || ii | || stt1/!: | || inspectors | || 21 | || 21 | x || as | || 3,060 | || 64260 | || supervisor | || 17 | 17 x || ra | || ss040 | || 8s,680 | || heiidderb | || 45 | || 45 | || x | || ra | || 3,060 | || l3l·3 | || oo | || stcdopapbcn | || | || 13 | || 13 | || x | || ra | || 2964 | || 3s32 | || upper | || division | || clerks | || 178 | || 178 x | || ra | || 2,964 | || 5,27,592 | || sten~~_ | || 28 | || 28 | || x | || ra | || 2364 | || 66192 | || lower | 'vislon || oerb | || 96 | || 96 | || x | || ra | || 2,124 | || 203,904 | || iii | || irr&idalal | || ",pnm | : || incidental | || apenaes | || includiq | || cjua | || iv | ad || 1,50,000 | || total | || -1 | || 16,,53,860 | || or | || say | || ra | || 16,50 | || ,oao | |clause 53, which amends among others, sections 214, 243 and 244 provides for the increase of interest from four per cent to six per cent the exact amount of interest payable by the central government as a result of this amendment cannot be foreseen at the present 105 2248 (b) ls-lt memorandum ~~ing delegated legislationnew section 280ze proposed to be inserted by clause 62 empowers the central government to frame one or more schemes to be called ,tax eredit eertiftcate ;scheme drsclreijies in relation to tax ciedit certifteates to be «ranted under chapter xxiib the various id:atten which amodg others may be providedform any such achem:e have been specifted in clauses (4) to (i) of sub-section (2) of th8t sedion 'such matters, mter alia, relate to the form and manner ill which, and the authority to which, applicationsfor 'such certfftcates may be made, the authority by which such 'c:ertiftcates may be griilted, the determination of the rights and obligations of persons to wh'omsuch certificates have been granted, etc clause 2 (5) (d), proposed new sections 33a, 80a and soc empower the board to make rules in relation to the matters specified therein the aforesaid matters are matters of procedure and administrative detail it is hardly practicable for these matters of detail or procedure to be pl'o\tided in the bill itself the delegation of legislative power is thus of a normal character a bill to give effect to the financial proposals of the central govt:rnment for the financial year 1965-66 (shri t t krishnlmoduni, minister of finance) | Parliament_bills | 40f3aa93-b978-5f2e-81c9-ff2df9e3ea72 |
the payment of wages (amend- ment) bill, 1957(as introducbd in lok sabra) bm no 21 of 1957 tim payment of wages (amendmen1j bill, 1957 (as introduced in lob: sabra) a billfurther to amend the payment of wage, act, 1938 bb it enacted by parliament in the eighth year of the republic of india as follows:-1 (1) this act may be called the payment of wages (amend- soon title ment) act, 1957 and commencement· (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in section 1 of the payment of wages act, 1936 (hereinafter amendment referred to as the principal act),-of icc:tion 1 i 10 (i) in sub-section (5), for the words "the act",! the words 41thls act" shall be substitutecl; and (ti) in sub-section (6), for the words "two hundred rupees", the words "four hundred rupees" shall be substituted is 3 in section 2 of the principal act-amof ~ent - onz (0 for clause (i), the following clause shall be substituted, namely:- c (i) "factory" means a factory as defined in clause (m) of section 2 of the factories act, 1948;'; (ii) in clause (ii)-(1) for item (c), the following item shall be ,ubstitu-2g ted, namely:-u (c) inlaild vessel, mechanically propelled;"; (z) after item (fl, the followlng item mall be wert4ml, namely:-"(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to opera- 5 tions connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on;"; and (iii) for clause (ui) , the following clause shall b eubftitu- 10 ted, namely:-i (vi) "wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of be~so expressed which would, if the terms of employment, express or implied, were fuifuled, is be payable to a person employed in respect of bis employment or of work done in such employment, and includes-(a) any remuneration payable under any award or settlfmlentbetween the parties or order of a court; (b) any remuneration to which the petlad~o employed is entitled in respect of over time work or holidays or any leaveperlod; (e) any additional remuneration payable under the terms of employment (whether ealled a bonus or by any other name); 2$ (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within 30 which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any lew for the time being in force; but does not include-3s (1) any bonus (whether under a scheme of "profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment 'or which is not payable under any award or settlement between the parties or order of a court; 40 (z) the value of any house-accommodation, or of the supply of light, water, medical attendance or other lidlerllty or of any service excluded from the computation of wages by a general or special order of the state government; s (3) any contribution paid by the employer to any ped8ion or provident fund, and the interest which may move accrued thereon; 10 (4) any travelling allowance or the value of any travelling concession; (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of hi8 employme~t; or is (6) any gratuity payable on the termination of employment in cases other than those specified in subclause {d)' , in section 3 of the principal act, in clause (a) of the proviso, ameodmellt for the words, brackets, letter and figures "clause (e) of sub- ofsection 3 z, of 1934 section (1) of section 9 of the factories act, 1934", the words, 20 brackets, letter and figures "clause (f) of sub-section (1) of section 63 of 19 7 of the factories act, 1948" shall be substituted 5 in 'section 7 of the principal act,-amendment of aection 7 (i) in sub-section (1), the explanation shall be re-numbered as explanation 1, and after the explanation as so re-numbered, 2s the following explanation shall be inserted, namely:-·'exp14nation n-any loss of wages resulting from the imposition, ior good and sufficient cause, upon a perion employed of any of the following penalties, namely:-30 (i) the withholding of increment or promotion (including the stoppage of increment at an efficiency bar) ; (ii) the reduction to a lower poet or time scale or to - lower stage in a time scale; or 35 (iii) suspension; shall not be deemed to be a deduction from wages in any case where the rules framed by the employer for the imposition of any such penalty are in conformity with the requirements, if ;any, which may be specified in this behalf by the state government by notification in th~ official guette"; (ii) in sub-section (2), for clause (d), the following clause hall be substituted, namely:-albendj'llen t of lectiol1 i" " (d) deductions for house-accommodation supplied by the employer or by government or any housing board set up under any law for the time being in force (whether the 5 government or the board is the employer or not) or any other authority engaged in the business of subsidising houseaccommodation which may be specified in this behalf by the state government by notification in the ofbclal gazette;"; and (iii) for clause (k), the following clause shall be substituted, 10 namely:-"(k) deductions, made with the written authorisation of the person employed for payment of any premium on hit life insurance policy to the life insurance corporation of india established under the life insurance corporation act, 15 1956, or for the purchase of securities of the government of 31 of 1956 india or of any state government or for being deposited in any post office savings bank in furtherance of any savings scheme of any such government;" • in section 14 of the principal act, in sub-section (1), for the 20 words, brackets and figures "sub-section (1) of s~on 10 of the factories act, 1934", the following shall be substituted, namely:-2, of 193 •• "sub-section (1) of section 8 of the factories act, 1948" 63 of ip4i 7 in section 17 of the principal act,-amendment of cctlon 17· (i) in sub-section (1)-25 (a) for the words, brackets and figures "an appeal against a direction made under sub-section (3) or bub-section (4) of section 15", the following shall be substituted, namely:-"an appeal against an order dismissing either wholly 30 or in part an application made under sub-section (2) of section 15, or against a direction made under sub-section (3) or sub-section (4) of that sectio:t:l"; (b) for the words "the direction", the words "the order or direction" shall be substituted; and 35 (ii) for sub-section (2), the following sub-section shall be substituted, namely: - ii (2) save as provided in cub-section (1), any order dismissing either wholly or in part an application made undet sub-section (2) of section 15, or a direction made under subsection (3) or sub-section (4) of that section shall be final" 8 after section 17 of the principal act, the following section shall illiertion of be inserted, namely:-:~:, 17 a s 10 is "17a (1) where at any time after an application has been conditional made under sub-section (2) of section 15 the authority, or where ~}t~=r~~ at any time after an appeal has been filed by an employed person of employer under section l7 the court referred to in that section, is satisfied :~~:er that the employer or other person responsible for the payment ~eponible f d ect· 3' l'k i d f ,or payment o wages un er s ion is 1 e y to eva e payment 0 any of wiles, amount that may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be, after giving the employer or other person an opportunity of being heard, direct the conditional attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the direction, s ef 1901 20 (2) the provisions of the code of civil procedure, 1908, relating to attachment before judgment under that code shall, 10 far as may be, apply to any order for conditional attachment under sub-section (1) ," statement of objects and reas6n~by the enactment in 1936 of the payment of wages act,- it "'u intended to ensure that-(i) wages actually disbursable to workers covered by the -act are disbursed within the prescribed wa~eperiod; and (ii) employees get their full wages without any deduct10dl which are not specially authorised by the law the working of the act has shown that the act requiree to be amended in certain respects it is also considered desirable to extend the benefit of the act to a larger category of persons the important proposals relate to raising the wage limit from rs 200/- a month to rs 400/-, extension of the act to construction industry and revision of the definition of the term "wages" the reasons for the amendments are, wherever necessary, given in the notes od c1auhl attached to this bill glnanda new deua; the 19th n01)ember 1957 clause 2 (ii) -the existing wage limit of two hundred rupees was fixed in 1936 the pattern of the earnings of the wage groups intended to be protected by the act has since undergone considerable change accordingly it is proposed to apply the payment of wages act to a person who is employed on wages not exceeding four hundred rupees a month in any establishment covered by the act clause 3 (ii) -construction industry which employs a large number of workers has assumed great importance during recent years owing to the large hydro-electric and power schemes that are under construction the workers in the construction industry engaged in the construction and maintenance of roads, bridges, canals, buildings, or in operations connected with irrigation, navigation or supply of water or generation, transmission and distribution of electricity or any other form of power stand in need of protection clause 3 (iii) -the existing definition of the term "wages" has given rise to certain practical difficulties particularly in regard to interpretation of certain words used in the definition in some cases the high courts have ruled that the word "wages" did not mean "potential wages" but "wages earned" now-a-ooys the terms of payment under contracts of employment are frequently modified by the awards of tribunals or by the terms of binding settlements the wages revised stautorily through adjudication, arbitration, conciliation or similar statutory process should also be deemed to be wages for purposes of the act the definition of "wages" has accordingly been recast and made comprehensive and clear clause 5 (i) -the question whether reduction in wages, consequent upon any punishments imposed like suspension, stoppage of increments, reduction to lower post or ~ale, etc, would be deductions authorised under the payment of wages act has been a subject of conflicting rulings, by courts of law the intention of government has been that the deductions consequent upon punishments under service rules should be authorised deductions under the act it is, therefore, intended to make it clear that any deduction in wages consequent upon imposition of punishments under the service rules will be authorised deductions under the act clause 5 (ii) -under section 7 (2) (d) of the payment of wages act, deductions for house-accommodation can be made only when the accommodlqtion is supplied by the employer under the subsidised industrial housing scheme of the government of i~dia; state governments construct tenements which are let out to industrial workers on suitable rents to enable easy collection of rent of such tenements, it is proposed to amend the act to enable deduction of rents in such cases from the· wages of the concerned workers clause 5 (iii) -with the nationalisation of life insurance business it has been considered desirable to allow deduction of insuran_ce premia from the wages of employees, at their written authorisation and necessary provision to this effect has been made clause 5 (iii) -the amendment proposed will enable workers to subscribe to government securities like the national plan loan, national cash certificates, and deposits in post office savings banks in pursuance of savings schemes clause 7-dismissal of a claim by an authority was not considered as a "direction" under section 15 and therefore it is proposed to make a provision for an appeal against an order dismissing a claim clause s-recovery in execution of a direction made by an authority under the act takes a long time arrears of wages also do not get sufficient priority in case the concern is wound up to safeguard' the workers' interests in such cases it is proposed to empower the authority to order conditional attachment of the property of the employer or other person responsible for the payment of wages, pending disposal of the application, unless the employer or other person deposits with the authority an amount sufficient to satisfy the claim or gives security for a like amount annexure - ex~cts from the payment of wages act, 1936- (no 4 of 1936) - - - - - - - lo) ~uili~ stent - - - - - - - - commence meat and application (5) the state government may, after givmg three months' notice of its intention of so doing, by notification in the official gazette, extend the provisions of the act or any of them to the payment of wages to any class of persons employed in any industrial establishment or in any class or group of industrial establishments (6) nothing in this act shall apply to wages payable in respect of a wage-period which, over such wage-period, average two hundred rupees a month or more 2 in this act, unless there is anything repugnant in the subject definitions or context,-25 011934 (i) "fac~ory" means a factory as defined in clause (j) of section 2 of the factories act, 1934; (ii) "industrial establishment" means any--(a) tramway or motor omnibus service; (b) dock, wharf or jetty; (c) inland steam-vessel; - - - - - - - - (vi) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the' contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behaviour of the person employed, or otherwise, to a person employed in respect of his employment or of work done in such employment, and includes any bonus or other additional remuneration of the nature aforesaid which would be so payable and any sum payable to such person by reason of the termination of his employment, but does not include-(a) the value of any house-accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the ~1:jate government; (b) any contribution paid by the employer to any pension fund or provident fund; (c) any travelling allowance or the value of any travelling concession; (d) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (e) any gratuity payable on discharge ~e~pon8i-3 every employer shall be responsible for the payment to ~~~%ent ~fr persons employed by him of all wages required to be paid under wases, j this act: provided that, in the case of persons employed (otherwise than by a contractor)-(a) in factories, if a person has been named as the manager of the factory under clause (e) of sub-section (1) of section 9 of the factories act, 1934, :ls of 1934 (b) in industrial establishments, if there is a person responsible to the employer for the supervision and control of the industrial establishment, (c) upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned, the person so named, the person so responsible to the emp!oyer, or the person so nominated, as the case may be, shall be responsible for such payment til til - - til - of em- 9 of 1890 any deductions 7 (1) notwithstanding the provisions of sub-section (2) b~:zay section 47 of the indian railways act, 1890, the wages of an from wages," ployed person shall be paid to him without deductions of kind except those authorised by or under this act explanation-every payment made by the employed person to the employer or his agent shall, for the purposes of this act, be deemed to be a deduction from wages, (2) deductions from the wages of an employed person shall be made only in accordance with the provisions of this act, and may be of the following kinds only, namely:-(a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person 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; (d) deductions for house-accommodation supplied by the employer; '" '" '" '" '" '" (k) deductions, made with the written authorization of the employed person, in furtherance of any war savings scheme, approved by the state government, for the purchase of securities of the government of india or the government of the united kingdom '" '" '" '" '" '" 14 (1) an inspector of factories appointed under sub-section inspectors 25 of 1934 (1) of section 10 of the factories act, 1934, shall be an inspector for the purposes of this act in respect of all factories within the local limits assigned to him '" '" '" '" '" '" 17 (1) an appeal against a direction made under sub-section appeal (3) or sub-section (4) of section 15 may be preferred, within thirty days of the date on which the direction was made, in a presidency-town before the court of small causes and elsewhere before the district court-(a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees, or (b) by an employed person, if the total amount of wages claimed to have been withheld from him or from the unpaid group to which he belonged exceeds fifty rupees, or (c) by any person directed to pay a penalty under subsection (4) of section 15 (2) save as provided in sub-section (1), any direction made under sub-section (3) or sub-section (4) of section 15 shall be final - - '" - - '" a billfurther to amend the payment of wages act, 1936 (shri gulzarilal nanda, mi ;ster of labour am employment and planning) | Parliament_bills | 5f5fe345-343a-5edb-a385-fc3d3b85b39f |
the capital issues (control) amendment bill, 1957(as introduced in lok sabha) the capital issues (control) amendment bill, 1957 (as introduced in lok sabra) a billfurther to amend the capital issues (control) act, 1947 be it enacted by parliament in the eighth year of the repubtic of india as follows:-1 this act may be called the capital issues (control) amend- short title ment act, 1957 19 of 1947 s z in the capital issues (control) act, 1947 (hereinafter referred s;bltltution to as the principal act), for section 2, the following section shall be ~ec~= for substituted, namely: _ section 2 lor 19s6 10 '2 (i) in this act, unl,ss the context otherwise requires,- definitions and interpre-(a) "company" means a company as defined in section 3 tation of the companies act, 1956, and includes a foreign company within the meaning of section 591 of that act; (b) "issue of capital" means the issuing or creation of any securities whether for cash or otherwise, and includes the capitalisation of profits or reserves for the purpose of - is converting partly paid-up shares into fully paid-up shares or increasing the par value of shares already issued; (c) "private company" means a private company as defined in section 3 of the companies act, 1956; (d) "prospectus" means any prospectus, notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a company; (e) "securities" means any of the following instruments 5 issued or to be issued, or created or to be created, by or for the benefit of a company, namely:-(i) shares, stocks and bonds; (ii) debentures; (iii) mortgage deeds, instruments of pawn, pledge 10 or hypothecation and any other instruments, creating or evidencing a charge or lien on the assets of the company; and (iv) instruments acknowledging loan to or indebtedness of the company and guaranteed by a third party or is entered into jointly with a third party; (1) "states" means the territories of india to which this act extends (2) any reference in this act to offering securities to the public shall be construed as in<?luding a reference to offering 20 them to any section of the public, whether selected as mempers, debenture-holders or holders of any other securities of the company concerned or as clients of the person issuing any prospectus in relation to such securities, or selected in any other manner: provided that the foregoing provisions shall not be taken as 25 requiring any offer to be treated as made to the publi: if it can properly be regarded, in all the circumstances, as not being calculated to result directly or indirectly in the securities becoming available for the subscription or purchase by persons other than those receiving the offer, or otherwise as being a domestic 30 concern of the persons making or receiving it' amendment 3 in section 3 of the principal act, after sub-section (5), the oflcction 3· following sub-sections shall be inserted, namely:-"(6) the central government may by order at any time-(a) revoke the eonsent or recognition accorded under 3s any of the provisions of this section; or (b) where such consent or recognition has been qualified with any conditions, vary all or any of those conditions: provided that before an order under this sub-section is made the company concerned shall be given a reasonable 5 opportunity of showing cause why such order should not be made (7) where an order has been made under sub-section (6) - the central government shall, upon the request of the company concerned, communicate to it in writing the reasons for such 10 order" 4 for section 4 of the principal act, the following section· shall substitution of new be substituted, namely: -section for section 4 "4 (1) no person shall circulate any offer, being a public control of offer, in the states for the subscription, or purchase of any advetrtlfsemen 0 securities unless consent or recognition has been accorded by orfe: s of the central government under this act to the issue or creation :~~i:l;:i~~: of such securities and a statement has been made to that effect in etc the offer 20 (2) no company shall circulate any offer, being an offer to existing holders of the securities of that company or to existing holders of the securities of any other company specified in the offer, in the states for the subscription or purchase of any securities of such company unless recognition has been accorded by the central government under this act to the issue or creation of such securities and a statement has been made to that effect in the offer 30 (3) no person shall without the consent of the central government circulate any offer, being a public offer, in the states for the sale of any securities issued or created with the consent or recognition of the central government if such issue or creation was made by a private company or if the order according consent or recognition contained a condition that the securities should be privately subscribed" 5 in section 6 of the principal act, in sub-section (2), after the amendment word and figure "section 4" in both the places where they occur, the of section 6 35 words and figure "or section 5" shall be inserted of new section for section 7 6 for section 7 of the principal act, the following section shall be substituted, namely:-power to call for information "7 any officer authorised in this behalf by the central government may, for the purpose of inquiring into the correctness of any statement made in an application for consent or recogni- s tion to an issue of capital or for the purpose of ascertaining whether or not the requirements of any condition attached to an order according such consent or recognition have been complied with or for the purpose of obtaining particulars as to the total capital issued or for any other purposes of this act, require any 10 company or any officer of a company to submit and furnish to him within such time as may be specified in the requisition, such accounts, books or other documents and such infonnation as he may reasonably think necessary" ~~:~ 7 in section 8 of the principal act, after the words "issue of 15 capital", the words "or in connection with any of the other provisions of this act", shall be inserted amendment of~aectiod i:z· 8 section 12 of the principal act shall be re-numbered as subsection (1) of that section and after the said sub-section as so re- 20 numbered, the following sub-section shall be inserted, namely:-ii (2) all rules made under this sectton shall be laid for not less than thirty days before each house of parliament as soon as possible after they are made and shall be subject to such modifications as parliament may make during the session immediately following" 25 statement of objects and reasonsthe capital issues (control) act, 1947, does not specify that capitalisation of reserves for the purpose of crediting partly paid shares as fully paid or for increasing the par value of shares already issued, requires prior permission this bill, therefore, seeks to clarify the position in this regard 2 it has been the intention, ever since the inception of control on capital issues, that the execution of mortgages or hypothecations should require prior approval under the act as the expression 'other instruments' occurring in section 2 (b) (iii) of the act is not sufficiently clear and has given room for doubts, it is proposed to put the matter beyond doubt by amplifying the definition of the term 'securities' in section 2 (b) so as to cover the transactions mentioned above similarly opportunity has now been taken to define the expressions 'company', 'prospectus', etc, which the act has so far left undefined and also for providing for certain other minor but relevant ltlgtters such as taking powers for revoking or varying consent already accorded, condoning offences under section 5 of the act and prohibition of the giving of false information in connection with any of the provisions of the act t t krishnamachari new deliu; the 6th septembe7', 1957 extracts from the capital issues (control) acr, 1944 (29 of 1947) - • - • - • - 2 in this act,-definitions (a) "issue of capital" means the issuing of any securities whether for cash or otherwise; (b) "securities" means any of the following instruments issued, or to be issued, by or for the benefit of a company, whether incorporated in the states or not, namely:-(i) shares, stocks and bonds; (ii) debentures; (iii) other instruments creating a charge or lien on the assets of the company; and (iv) instruments acknowledging loan to or indebtedness of the company and guaranteed by a third party or entered into jointly with a third party; (c) "states" means the territories comprised within the states to which this act extends control ove~ prospectuses d 4 no person shall issue in the states any prospectus or other ff· f b· t· bi· iff· f 1 and other ocument 0 ermg or su scrip jon or pu ic y 0 ermg or sa e any advertisesecurities which does not include a statement that the consent or ments recognition, as the case may be, of the central government has been obtained to the issue or offer of the securities, and no person shall without the consent of the central government issue in the states any document publicly offering for sale any security issued with the consent or recognition of the central government if such issue was made by a private company or if the order according its consent or recognition contained a condition that the securities should be privately supscribed 6 (1) power to exempt and 1o co:ldone cont raventlons (2) the central government msy by order condone a contravention of any of the pr~visions of section 3 or section 4, and on the making of such order the provisions of this act shall have effect as if an exemption had been granted under sub-section (1) of this section in respect of the thing done or omitted to be done in contravention of ~ection 3 or section 4, as the case may be 7 any officer authorized in this behalt by the central govern- powe;ro c~1i ment may, for the purpose of enquiring into the correctness of any for inforstatement made in an application for consent or recognition to an mahon issue of capital or for the purpose of ascertaining }y'hether or not the requirements of any condition attached to an order according such consent or recognition have been complied with, require any company, or any officer of a company, which has made such application or obtained such order to submit to him such accounts, books or other documents, or to furnish to him such information, as he may reasonably think necessary state-8 no person shell, when complying with any requisition under falte section 7 or when making any application for consent or recognition menl to an issue of capital, give any information or make any statement which he knows, or has reasonable cause to believe, to be false or not true in any material particular - - - - - - - - 12 the central government may by notification in the official power to gazette make rules for carrying out the purposes of this act and make rules in particular for the levy of fees on applications made to the central government for its consent - - - - - - - a bill further to amend the capital issues (control) act, 1947· minister of finance) | Parliament_bills | 46515593-dae3-5994-9ee5-5402f5ad5bb9 |
bill no 103 of 2011 the constitution (scheduled tribes) order (amendment) bill, 2011 by shri at nana patil, mp abillfurther to amend the constitution (scheduled tribes) order, 1950be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (scheduled tribes) order (amendment)act, 2011(2) it shall come into force at onceamendment of the scheduleco 22 of 195052 in the schedule to the constitution (scheduled tribes) order, 1950, in part ix-maharashtra, after entry 47, the following entries shall be added, namely:—"48 mahadeo koli, tokare koli49 pardesh, rajput bhamta" statement of objects and reasonsthere are certain tribes like mahadeo koli, tokare koli, pardeshi and rajput bhamta in the state of maharashtra whose culture, tradition, life style and food habits are akin to other tribes already included in the list of scheduled tribes of the state of maharashtra the persons belonging to these tribes are still socially, educationally and economically very backward and they do not have any regular avenues of avocation as such these people have to face lots of hardships they also do not receive any assistance from the government it is unfortunate that people belong to these tribes are not getting government assistance for their overall development as they do not figure in the list of scheduled tribes in the state of maharashtra therefore, these tribes are also needed to be included in the list of scheduled tribes in relation to the state of maharashtra, so that upliftment of these communities can be ensuredthe bill, therefore, seeks to amend the constitution (scheduled tribes) order, 1950with a view to include the above mentioned tribes in the list of scheduled tribes in relation to the state of maharashtrahence this billnew delhi;at nana patilnovember 9, 2011 financial memorandumthe bill seeks to include mahadeo koli, tokare koli, pardeshi and rajput bhamta communities in the list of scheduled tribes in respect of the state of maharashtra by way of amending the constitution (scheduled tribes) order, 1950 the bill, therefore, if enacted would involve expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to these communities under continuing schemes meant for development of scheduled tribes at this stage, it is not possible to mention the exact amount which may be incurred on this account however, it is estimated that a sum of approximately rupees fifty crore is likely to be involved as a recurring expenditure per annuma non-recurring expenditure of about rupees twenty crore is also likely to be involved annexureextract from the constitution (scheduled tribes) order, 1950co 22 (part iii rules and orders under the constitution) part ix—maharashtra1 47 vitolia, kotwalia, barodia ———— a billfurther to amend the constitution (scheduled tribes) order, 1950————(shri at nana patil, mp)gmgipmrnd—2649ls(s3)—29112011 | Parliament_bills | af998bf3-4ce3-592c-8ed1-903c58dbd2dc |
bill no 122 of 2009 the forest (conservation) amendment bill, 2009 byshri hansraj gangaram ahir, mp a bill further to amend the forest (conservation) act, 1980be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the forest (conservation) amendment act, 2009short title and commencement (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint569 of 19802 after section 3b of the forest (conservation) act, 1980, the following section shall be inserted, namely:—insertion of new section 3c10"3c notwithstanding anything contained in sections 2 and 3, when a forest land or any part thereof, measuring not more than forty hectares, is required for any work relating to irrigation or mining, the clearance for the deforestation of the forest land may be given by the district collector in whose jurisdiction the forest area falls:clearance for deforestation for irrigation/ mining projects by district collectorprovided that a list of all such cases of deforestation under the provisions of this section shall be furnished to the union ministry of environment and forests for information and record at the end of every year" statement of objects and reasonsthe forest (conservation) act, 1980 puts certain restrictions on the clearance of the forest land for non-forest purposes though section 2 of the act lists certain exceptions to this rule these exceptions do not include irrigation projects needed for the betterment of farmers or mining related activities due to the restrictions, farmers are finding it difficult to have sufficient water for their fields the foodgrain production is going down it has resulted in increasing incidence of malnutrition, starvation and suicide among farmers on the other hand, the farmers living in non-forest areas do not suffer any such restriction irrigation projects can easily be implemented there to remove this discrimination, it can be provided that irrigation projects in forest areas, covering an area of not more than 40 hectares, can be cleared at the level of district collector it will not only ensure quick disposal of irrigation projects but the transparency will also be maintained such a step will prove to be immensely helpful for farmers and their standard of living will also be improvedhence this billnew delhi;hansraj gangaram ahirnovember 5, 2009———— a billfurther to amend the forest (conservation) act, 1980————(shri hansraj gangaram ahir, mp)gmgipmrnd—5026ls(s5)—08-12-2009 | Parliament_bills | 54718351-959a-5b44-90b6-c67c05c9e5fe |
bill no 138 of 2011 the unlawful activities (prevention) amendment bill, 2011 a billfurther to amend the unlawful activities (prevention) act, 1967be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the unlawful activities (prevention) amendment act,2011short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint37 of 1967amendment of section 22 in section 2 of the unlawful activities (prevention) act, 1967 (hereinafter referred to as the principal act),—(i) after clause (ea), the following clause shall be inserted, namely:—'(eb) "person" includes,—(i) an individual, (ii) a hindu undivided family,(iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not,5(vi) every artificial juridical person, not falling within any of the preceding sub-clauses, and(vii) any agency, office or branch owned or controlled by any person falling within any of the preceding sub-clauses;';(ii) for clause (g), the following clause shall be substituted, namely:—'(g) "proceeds of terrorism" means,—10 15(i) all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found; or(ii) any property which is being used, or is intended to be used, for a terrorist act or for the purpose of an individual terrorist or a terrorist gang or a terrorist organisationexplanation—for the purposes of this act, it is hereby decalred that the expression "proceeds of terrorism" includes any property intended to be used for terrorism;';20(iii) in clause (h), for the words "instruments in any form including", the words "instruments in any form including but not limited to" shall be substitutedamendment of section 63 in section 6 of the principal act, in sub-section (1), for the words "two years", the words "five years" shall be substituted25a m e n d m e n t of section 154 section 15 of the principal act shall be renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered,—(i) in the opening portion, after the word "security", the words ",economic security," shall be inserted;30(ii) in clause (a), after sub-clause (iii), the following sub-clause shall be inserted, namely:—"(iiia) damage to, the monetary stability of india by way of production or smuggling or circulation of high quality counterfeit indian paper currency, coin or of any other material; or35(iii) in clause (c), for the words "any other person to do or abstain from doing any act,", the words "an international or inter-governmental organisation or any other person to do or abstain from doing any act; or" shall be substituted;";(iv) after clause (c), the following clause shall be inserted, namely:—40"(d) demands any bomb, dynamite or other explosive substances or inflammable substances or fire arms or other lethal weapons or poisonous or noxious or other chemicals or any biological, radiological, nuclear material or device with the intention of aiding, abetting or committing terrorism"; (v) for the explanation, the following explanation shall be substituted, namely:—'explanation—for the purpose of this section,—45(a) "public functionary" means the constitutional authorities or any other functionary notified in the official gazette by the central government as public functionary;(b) "high quality counterfeit currency" means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features as specified in the third schedule';5(v) after sub-section (1), the following sub-section shall be inserted, namely:—"(2) the terrorist act under sub-section (1) includes an act which constitutes an offence within the scope of, and as defined in any of the treaties specified in the second schedule"5 section 16a of the principal act shall be omittedomission of section 16a106 for section 17 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 17punishment for raising funds for terrorist act1520"17 whoever, in india or in a foreign country, directly or indirectly, raises or collects funds, whether from a legitimate or illegitimate source, from any person or persons or attempts to provide to, or raises or collects funds for any person or persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fineexplanation—for the purpose of this section,—(a) participating, organising or directing in any of the acts stated therein shall constitute an offence;25(b) raising funds shall include raising or collecting or providing fundsthrough production or smuggling or circulation of counterfeit indian currency; and(c) raising or collecting or providing funds, in any manner for the benefitof, or, to an individual terrorist, terrorist gang or terrorist organisation for the purpose not specifically covered under section 15 shall also be construed as an offence"307 after section 22 of the principal act, the following sections shall be inserted, namely:—| insertion ||--------------|| new sections || 22a, 22b and || 22c |offences by companies35'22a (1) where an offence under this act has been committed by a company, every person (including promoters of the company) 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:40provided that nothing contained in this sub-section shall render any such person(including promoters) liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence45(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 has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any promoter, director, manager, secretary or other officer of the company, such promoter, 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 accordingly5offences by societies or trusts10 152021 of 1860252 of 188230p u n i s h m e n t for offencesby companies, societies ortrusts35a m e n d m e n t of section 23explanation—for the purposes of this section,— (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 firm22b (1) where an offence under this act has been committed by a society or trust, every person (including the promoter of society or settlor of the trust) who at the time the offence was committed was in charge of, and was responsible to, the society or trust for the conduct of the business of the society or the trust, as well as the society or trust, 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 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 diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a society or trust 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 promoter, director, manager, secretary, trustee or other officer of the society or trust, such promoter, director, manager, secretary, trustee or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation— for the purpose of this section,— (a) "society" means any body corporate registered under the societies registration act, 1860 or any other state act governing the registration of societies; (b) "trust" means any body registered under the indian trusts act, 1882or any other state act governing the registration of trusts;(c) "director", in relation to a society or trust, means a member of its governing board other than an ex officio member representing the interests of the central or state government or the appropriate statutory authority 22c where any offence under the act has been committed by a company or a society or a trust, as the case may be, every person (including promoter of company or trust or settlor of the trust) who at the time of the offence was either in charge or responsible for the conduct of the business 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 with fine which shall not be less than five crore rupees and which may extend to ten crore rupees" 8 in section 23 of the principal act, in sub-section (1), for the words "chemical substance of warfare, he shall", the words "chemical substance of warfare or high quality counterfeit indian currency, he shall" shall be substituted40amendment of heading of chapter v9 in chapter v of the principal act, in the heading thereof, after the word"terrorism", the words "or any property intended to be used for terrorism" shall be inserted10 for section 24 of the principal act, the following sections shall be substituted, namely:—45substitution of new sections for section 24'24 in this chapter, unless the context otherwise requires, all references to"proceeds of terrorism" shall include any property intended to be used for terrorismreference to proceeds of terrorism to include any property intended to be used for terrorism24a (1) no person shall hold or be in possession of any proceeds of terrorismforfeiture of proceeds of terrorism5(2) proceeds of terrorism, whether held by a terrorist organisation or terrorist gang or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under chapter iv or chapter vi, shall be liable to be forfeited to the central government or the state government, as the case may be, in the manner provided under this chapter(3) where proceedings have been commenced under this section, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to, or, the value of the proceeds of terrorism invloved in the offence'10amendment of section 3311 in section 33 of the principal act, after sub-section (2), the following sub-sections shall be inserted, namely:—15 "(3) where any person is accused of an offence concerning counterfeit indian currency, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to the value of the counterfeit indian currency involved in the offence including the face value of such currency which are not defined to be of high quality, but are part of the common seizure along with the high quality counterfeit indian currency20 (4) where a person is accused of an offence punishable under chapter iv or chapter vi, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to or the value of the proceeds of terrorism involved in the offence25 (5) where any person is accused of an offence under chapter iv or chapter vi, it shall be open to the court to pass an order that all or any of the property, movable or immovable or both, belonging to him shall, where the trial under the act cannot be concluded on account of the death of the accused or being declared a proclaimed offender or for any other reason, be confiscated on the basis of material evidence produced before the court" 12 in section 35 of the principal act,—amendment of section 35 (a) in sub-section (1),— (i) for the word "order", the word "notification" shall be substituted;30 (ii) for the word "schedule", wherever it occurs, the words "first schedule" shall be substituted; (b) after sub-section (3), the following sub-sections shall be inserted, namely:—35 "(4) the central government may, by notification in the official gazette, add to or remove or amend the second schedule or third schedule and thereupon the second schedule or the third schedule, as the case may be, shall be deemed to have been amended accordingly (5) every notification issued under sub-section (1) or sub-section (4)shall, as soon as may be after it is issued, be laid before parliament"40a m e n d m e n t of section 40 13 in section 40 of the principal act, in sub-section (1), for explanation, the following explanation shall be substituted, namely:— "explanation—for the purposes of this sub-section, a reference to provide money or other property includes— (a) of its being given, lent or otherwise made available, whether or not for consideration; or45 (b) raising, collecting or providing funds through production or smuggling or circulation of counterfeit indian currency"amendment of schedule 14 in the principal act, the existing schedule shall be renumbered as the first schedule thereof, and after the first schedule as so renumbered, the following schedules shall be inserted, namely:— "the second schedule [see section 15(2)]5(i) convention for the suppression of unlawful seizure of aircraft (1970); (ii) convention for the suppression of unlawful acts against the safety of civil aviation(1971);10(iii) convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents (1973);(iv) international convention against the taking of hostages (1979); (v) convention on the physical protection of nuclear material (1980); (vi) protocol for the suppression of unlawful acts of violence at airports serving international civil aviation, supplementary to the convention for the suppression of unlawful acts against the safety of civil aviation (1988);15 (vii) convention for the suppression of unlawful acts against the safety of maritime navigation (1988); (viii) protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf (1988); and20 (ix) international convention for the suppression of terrorist bombings (1997) the third schedule [see section 15(1) (d)] security features to define high quality counterfeit currency notes (a) water mark; (b) latent image; and25 (c) see through registration in the currency notes" statement of objects and reasonsthe unlawful activities (prevention) act, 1967 has been enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith the scope of the act was widened in 2004 and the terrorist activities were brought within the scope of the said act2 an inter-ministerial group was constituted to evaluate the existing provisions of the unlawful activities (prevention) act, 1967 and to recommend necessary amendments to the said act in addition to the above, the financial action task force, an inter-governmental organisation set-up to devise policies to combat money laundering and terror financing admitted india as its 34th member on the basis of commitment made by india at the time of admission to the said financial action task force, various legislative and other legally binding measures were required to be taken on a medium term basis, ie, by 31st march, 2012these recommendations, were examined and it is proposed to amend the unlawful activities (prevention) act, 1967 to make it more effective in prevention of unlawful activities and dealing with terrorist activities3 the unlawful activities (prevention) amendment bill, 2011, inter alia, provides to—(a) increase the period of declaration of an association as unlawful from two years to five years as specified under section 6;(b) amend section 15 of the aforesaid act (which defines terrorist act) and include therein—(i) economic security and damage to the monetary stability of india by way of production or smuggling or circulation of high quality counterfeit indian paper currency, coin or of any other material as the existing provisions of the aforesaid act do not include within their scope an act done with an intent to threaten or threaten likely to economic security of india and counterfeiting indian paper currency or coin;(ii) any international or inter-governmental organisation against which any person indulges in acts described in clause (c) of section 15, since the existing provision does not explicitly mention such international or intergovernmental organisation(iii) act of demanding any bomb, dynamite or other explosive substances or inflammable substances or fire arms or other lethal weapons or poisonous or noxious or other chemicals or any biological, radiological, nuclear material or device with the intention of aiding, abetting or committing terrorism; (c ) enlarge the scope of section 17 of the aforesaid act relating to punishment for raising funds for terrorist act and include within its scope, raising of funds, both from legitimate or illegitimate sources, by a terrorist organization or by terrorist gang or by an individual terrorist;(d) insert new sections 22a, 22b and 22c in the aforesaid act to include within its scope, offences by companies societies or trusts and provide punishment therefor;(e) insert a new section 24 in the aforesaid act so as to enlarge the scope of proceeds of terrorism to include therein any property intended to be used for terrorism;(f) insert sub-sections (3) to (5) in section 33 of the aforesaid act to confer power upon the court by order to provide—(i) for attachment or forfeiture of property equivalent to the counterfeit indian currency involved in the offence, including the face value of such currency which are not defined to be of high quality but are part of the common seizure along with the high quality counterfeit indian currency;(ii) for attachment or forfeiture of property equivalent to or the value of the proceeds of terrorism involved in the offence;(iii) for confiscation of movable or immovable property on the basis of the material evidence where the trial cannot be concluded on account of the death of the accused or the accused being declared as a proclaimed offender or any other reason4 the proposed amendments to the unlawful activities (prevention) act, 1967, aim to bring more clarity to the existing legal regime, and remove the deficiencies identified in the implementation of the provisions of the said act by the central and state intelligence and investigating agenciesthe bill seeks to achieve the above objectsnew delhi;p chidambaramdated the15th december, 2011 annexure extracts from the unlawful activities (prevention) act, 1967 (37 of 1967)| | | | | ||------|------|------|------|-----|definitions2 (1) in this act, unless the context otherwise requires,—| | | | | ||------|------|------|------|-----| (g) "proceeds of terrorism" means all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found, and includes any property which is being used, or is intended to be used, for the purpose of a terrorist organisation or terrorist gang;(h) "property" means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents, deeds and instruments in any form including electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bond, drafts, letter of credit, cash and bank account including fund, however acquired;| | | | | ||------|------|------|------|-----|6 (1) subject to the provisions of sub-section (2), a notification issued under section 3 shall, if the declaration made therein is confirmed by the tribunal by an order made under section 4, remain in force for a period of two years from the date on which the notification becomes effectiveperiod of operation and cancellation of notification| | | | | ||------|------|------|------|-----| chapter iv punishment for terrorist activitiesterrorist act15 whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of india or with intent to strike terror or likely to strike terror in the people or any section of the people in india or in any foreign country,—(a) by using bomb, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause—(i) death of, or injuries to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in india or in any foreign country; or(iv) damage or destruction of any property in india or in a foreign country used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the government of india, any state government or the government of a foreign country or any other person to do or abstain from doing any act explanation—for the purpose of this section, public functionary means the constitutional authorities and any other functionary notified in the official gazette by the central government as a public functionarypunishment for making demands of radioactive substances, nuclear devices, etc16a whoever intentionally, by use of force or threat of use of force or by any other means, demands any bomb, dynamite or other explosive substance or inflammable substances or fire arms or other lethal weapons or poisonous or noxious or other chemicals or any biological, radiological, nuclear material or device, with the intention of aiding, abetting or committing a terrorist act, shall be punishable with imprisonment for a term which may extend to ten years, and shall also be liable to finepunishment for raising funds for terrorist act 17 whoever, in india or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons to commit a terrorist act, notwithstanding whether such funds were actually used to not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine| ||-------------|| enhanced || punishment || 4 of 1884 || 6 of 1908 || 20 of 1952 || 54 of 1959 |23 (1) if any person with intent to aid any terrorist contravenes any provision of, or any rule made under the explosive act, 1884 or the explosive substances act, 1908 or the inflammable substances act, 1952 or the arms act, 1959, or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapons or substance capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine| | | | | ||------|------|------|------|-----| chapter v forfeiture of proceeds of terrorism24 (1) no person shall hold or be in possession of any proceeds of terrorismforfieture of proceeds of terrorism(2) proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under chapter iv or chapter vi, shall be liable to be forfeited to the central government or the state government, as the case may be, in the manner provided under this chapter| | | | | ||------|------|------|------|-----| chapter vi terrorist organisation35 (1) the central government may, by order, in the official gazette,—amendment of schedule, etc(a) add an organisation to the schedule; (b) add also an organisation to the schedule, which is identified as a terroristorganisation in a resolution adopted by the security council under chapter vii of the charter of the united nations, to combat international terrorism;(c) remove an organisation from the schedule; (d) amend the schedule in some other way 40 (1) a person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation,—offence of raising fund for a terrorist organisation explanation—for the purposes of this sub-section, a reference to provide money or other property includes of its being given, lent or otherwise made available, whether or not for consideration lok sabha———— a billfurther to amend the unlawful activities (prevention) act, 1967————(shri p chidambaram, minister of home affairs)gmgipmrnd—3549ls(s3)—23-12-2011 | Parliament_bills | e9f51e7e-d68a-5cf7-a108-53e63c7425a1 |
[as introduced in the rajya sabhaon the 11th july, 2014] bill no xxvi of 2013 the high court of gujarat (establishment of a permanent bench at surat) bill, 2013 a billto provide for the establishment of permanent bench of the high court of gujarat at surat be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the high court of gujarat (establishment of a permanent bench at surat) act, 2013 statement of objects and reasonsthe high court of gujarat is located at ahmedabad gujarat, being a vast state, people have to travel long distances with a lot of inconvenience in order to reach the high court at ahmedabad to pursue their cases this not only consume lest of time but also is expensive for litigants specially those who are poorthere has been a demand from the people of the state especially those from bharuch, tapi, navsari, surat, dang and valsad districts that a bench of the high court be setup at surat which is a commercially important city of the state of gujarat it would greatly help the tribal people living in above said districts to pursue their pending cases for speedy disposalhence this billmansukh l mandaviya———— a billto provide for the establishment of a permanent bench of the high court of gujarat at surat————(shri mansukh l mandaviya, mp)gmgipmrnd—1073rs(s4)—11-07-2014 | Parliament_bills | 5c775a1c-e5bb-5aaa-886f-140aa66de60e |
bill no 188 of 1985· the agricultural and processed food products export cess bill, 1985it billto p7'ovide for the levil cmd collection, by w"si of oeis, of a duty of cultom& em the ezport of certain agricultural clrd processed food proclvdl fo'r the developmeftt and promotion of their upon and for matter, connected therewith be it eaacted by parliament in the tbirty-sixth year of the republic of india as follow:-5 1 (l) this act may be called the agricultural and processed food sban products export cess act, 1985 title, extent and (2) it extends to the whole of india commen (3) it shall come into force on such date as the central government cement may, by notification in the oftlcial gazette, appoint a (1) in this act, unless the context otherwise requirelj,-dead! tiona (b) "scheduled product" means any product 1'vr \&ae time being included in the schedule to the agricultural and procelsed food produ::1:s export development authority act, 1985 (2) all words and expressions used in this act and not defined, but defined in the agricultural and processed food products export deve-5 lopment authority act, 1985 shall have the meanings respectively assigned to them in that act outl of cui-toms on scheduled products 3 (1) there sbai1 be leviecl aud collected by way of a cess for the purposes of the agricultural lind processed food productll export development authority act, 1985, a dut, of customs at lueh rate not exceed- 10 iag three per cedt ad valo~m as the central govenuneot ioay, by notification in the official gazette, specify,' on all seheduled produdl, which bre exported (2) the dutim of customs levied uuder sub-section (1) on the scheduled products shall be in addition to any cess or daty leviable od '5 such scheduled products under any other law for the time beinc in fofte (3) the llrovisions of the customs act, 1962 and the rules and re-52 of 11182 culations mad thereunder, including those relating to refuinds and exemptions {rom duty shall, as far as may be, apply in relatiqll to the ,levy and collection of the!' duty o[ customs leviable under sub-section (1) to as they apply in relation to the levy and collection of the duties of eustoma wuier that ad ortholoc rules and regulations 4 the proceeds of the duties of customs levied under sectiqn 3 sjaaj1 first be credited to the consolidated fund of india and the central' govemment may, if parliaments b,- appropriation made by law in this behau, 110 providetl pay to the authority, from time to time, from out of loch pr0-ceeds, after deducting the expedses od collections, such sums 0( _odey g5 it may think fit for beil1g utilised for the purposes of the agricultural and credit of proceeda of duties to cod bolidateci fwid ofindla p~es~ food products :eltpon developlll8nt authority act, 1m to th~and ~ro-cj?sse) 100 bill 1985 (to, be/~s ,fntroduoed in l,{ sabha)1 page 1, in the long title of the bill,-after "way of" insert "a" 2 page 2, line 25,-fi2j: "parliament s" ~rui ''par'l1a:nent, " !ci "p ro vid ed " ~ "p ro vid e s " 4 page 2, line 2?,-ill "c'j 11 ections ii ~"rollection " 5 page 4, line 18,-!ot "come ir ~ "some" , page 5, line 2,-ru "clause (3)" ~ "clause 311 7 }--ige 'j, line 7,-m"f1n::na e1,a 1" te5!d "fin,n cia 1 " 8 pijge;j -" line 9,-after "0 f" 1n ~ if rt "i egi,slat 1 ve " 9 p~ge 5, line 10,- ~ "noml n ~ "normal" 10 inthe docket page,-3fter "way nf" insert "a" new ii:lhi· , no vellber 28, 198'5, agral'llyana 7, 1907 (~kc1) statement of objects & reasonsthis bill is complementary to the agricultural and processed food products export development authority bill, 1985 the agricultural and processed food products export development authority bill, 1985 seeks to provide for, the establishment of an authority to be called the agricultural and pl'ocelmed }4"ood products export development authority and empower that authority to promote export of agricultural and processed food products in order to ensure that the said authority has necessary resources to dtscharge its functions, this bill seeks to provide for the levy by way of a cess of a duty of customs on all the scheduled products which are exported the intention is to make over,' after due appropriation by parliament by law, the proc~ of' the cess to the said authority to enable it ttl discharge its functions effectively 2 the bill seeks tq achi~ve the above objectives nrw·dilm; aluun singh with a , iew to ensuring that the agricultural and proces&ed food products export development authority provided for in the agricultural and processed food products export development authority bill, 1985, has necessary resources to discharge its functions, this bill seeks to provide for levying by way of a cess, a duty of customs at such rate not exceeding 3 per cent ad valorem as the central government may, by notification in the official gazette, specify on all scheduled products which are exported (vide clause 3 of the bill) the proceeds of the above-mentioned duty wi~ be paid into the consolidated fund of india under clause 4 of the bill, the central government may, if parliament, by appropriation· made by law in this behalf so provides, pay to the authority from time to time out of such proceeds, after deducting th¢ expenses· or collection, such sums of money as it may think fit for being utilised for the purposes of the agricultural and processed food products export development authority act 2 the collection of the above~mentioned duty of customs wilt involve come expenditure from the consolidated fund of india it is not possible at this stage· to estimate the amount of such expenditures that will depend upon various contingencies such as the actual duty of customs levied on the scheduled produets, the quantity of the scheduled products which may be exported, etc however, it is tentatively esti~ mated that the cost of collection of the duty of customs would be about 2 per cent of the proceeds from this duty taking the total amount of duty of customs collected at ro; 100 lakhs per annum on an average, the expenl'l~'s of collection of the duty of customs would be about rs 2 lakhs as only the balance of the proceeds after deducting the cost of the collection may be utilised for making payment to the authority, there will, in fact, be no net out~go from the consolidated fund of india 3 the expenditure on the collection of the duty will be of recurring nature and the bill does not involve any other expenditure whether of a reeurring or a non~recurring nature ' clause (3) of the bill empowers the central goverrunent to specify the actual rate (not exceeding three per cent ad tmilorem) of the duty of customs which shall be levied and collected on' all scheduled products which are exported , 2 the rate of actual duty depends upon the varying relevant circumstances and also on the finanacial requirements, from time to time, of the agricultural and processed food products export development authority the delegation of power to the 'cent~l government is thus of a noma} character i ',:", ," - ~ a billto provide for the levy and collection, by way of cess, ot a duty of customs on the export of certain agricultural and processed food products for the development and promotion of their export and for matters connected therewith , (bhri a,;utt singh, minister of commerce) | Parliament_bills | ef810b24-cbaf-5b38-b5bf-5ed78ea43ade |
bill no 111 of 2020 the essential commodities (amendment) bill, 2020 a billfurther to amend the essential commodities act, 1955be it enacted by parliament in the seventy-first year of the republic of india as follows:—1 (1) this act may be called the essential commodities (amendment) act, 2020short title and commencement(2) it shall be deemed to have come into force on the 5th day of june, 2020510 of 19552 in section 3 of the essential commodities act, 1955, after sub-section (1), the following sub-section shall be inserted, namely:—'(1a) notwithstanding anything contained in sub-section (1),— (a) the supply of such foodstuffs, including cereals, pulses, potato, onions, edible oilseeds and oils, as the central government may, by notification in the official gazette, specify, may be regulated only under extraordinary circumstances which may include war, famine, extraordinary price rise and natural calamity of grave nature;(b) any action on imposing stock limit shall be based on price rise and an order for regulating stock limit of any agricultural produce may be issued under this act only if there is—5 (i) hundred per cent increase in the retail price of horticultural produce; or(ii) fifty per cent increase in the retail price of non-perishable agricultural foodstuffs, over the price prevailing immediately preceding twelve months, or average retail price of last five years, whichever is lower:10provided that such order for regulating stock limit shall not apply to a processor or value chain participant of any agricultural produce, if the stock limit of such person does not exceed the overall ceiling of installed capacity of processing, or the demand for export in case of an exporter:15provided further that nothing contained in this sub-section shall apply to any order, relating to the public distribution system or the targeted public distribution system, made by the government under this act or under any other law for the time being in force20explanation—the expression "value chain participant", in relation to any agricultural product, means and includes a set of participants, from production of any agricultural produce in the field to final consumption, involving processing, packaging, storage, transport and distribution, where at each stage value is added to the product' 3 (1) the essential commodities (amendment) ordinance, 2020 is hereby repealedord 8 of 2020repeal and savings10 of 1955 (2) notwithstanding such repeal, anything done or any action taken under the essential commodities act, 1955, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act as amended by this act25 statement of objects and reasonsthe essential commodities act, 1955 (10 of 1955) was enacted to regulate the production, supply and distribution of, and trade and commerce in, certain commodities which are declared as essential commodities and specified in the schedule to that act2 while india has become surplus in most agricultural commodities, farmers have been unable to get better prices due to lack of investment in cold storage, warehouses, processing and export as entrepreneurs get discouraged by the regulatory mechanisms in the essential commodities act, 1955 a high powered committee of chief ministers who examined this issue, recommended removal of stringent restrictions on stock, movement and price control of agricultural foodstuffs for attracting private investments in agricultural marketing and infrastructure3 due to covid19 pandemic, the economy had been adversely affected leading to unemployment and slowdown the agriculture sector has the potential of making significant contribution to economic growth and therefore, to boost immediate investment in this sector, increase competition and enhance farmers' income, there was a need to create an environment based on ease of doing business and for removing the fear of frequent statutory controls under the essential commodities act4 as parliament was not in session and there was an immediate need for legislation in this regard, the essential commodities (amendment) ordinance, 2020 was promulgated by the president of india on the 5th day of june, 2020 under clause (1) of article 123 of the constitution5 the essential commodities (amendment) bill, 2020 which seeks to replace the essential commodities (amendment) ordinance, 2020 (ord8 of 2020) provides in the newly inserted sub-section (1a) to section 3 that notwithstanding the provisions of sub-section (1),—(a) the supply of such agricultural foodstuff as are notified by the central government shall be regulated only under extraordinary circumstances which may include war, famine, extraordinary price rise and natural calamity of grave nature;(b) any action for imposing stock limit shall be based on price rise, subject to the conditions and exemptions specified therein 6 the bill seeks to replace the aforesaid ordinancenew delhi;ram vilas paswanthe 17th august, 2020 lok sabha———— a billfurther to amend the essential commodities act, 1955————(shri ram vilas paswan, minister of consumer affairs, food and public distribution)mgipmrnd—342ls(s3)—07-09-2020 | Parliament_bills | 2535bd21-e73e-5a15-ac9e-b07a3138b2a9 |
bill no 128 of 2018 the population (stabilization & planning) bill, 2018 by shri sushil kumar singh a billto provide for the stabilization of population in the country through setting up of a national population planning authority at the national level and a district population planning committee in each district to encourage and promote family planning in order to ensure a population which is in tandem and commensurate with the resources and development of our nation, to improve health of the women and empower them, recognizing both men and women as an important stakeholder in the family planning process, to improve standard of living of the citizens and for the matters connected therewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the population (stabilization & planning) act, 2018 (2) it extends to the whole of india, except the state of jammu & kashmirshort title, extent and commencement(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 all other cases, the central government;5(b) "annual report" means the report prepared by the national population planning authority;(c) "authority" means the national population planning authority constituted under section 4;(d) "committee" means the district population planning committee constituted under section 11;10(e) "medicine" means medicine prescribed by a certified medical practitioner for sterilization and matters connected therewith and incidental thereto;(f) "prescribed" means prescribed by rules made under this act; (g) "public servant" shall have the same meaning as assigned to it under section 21 of the indian penal code, 1860; and15(h) "small family" means a family having two children or less3 for the purpose of this act, every healthcare professional shall be deemed to be a"public servant"healthcare professionals to be deemed public servant4 (1) the government shall, within one year of the coming in force of this act, establish a national population planning authority for carrying out the purpose of this act20(2) the authority which shall consist of:—constitution of national population planning authority(a) secretary, ministry of health and family welfare - ex-officio chairperson;(b) chairperson, national commission for women - ex-officio member;(c) secretary, ministry of women and child development - ex-officio member;25(d) secretary, ministry of social justice and empowerment - ex-officio member;(e) secretary, ministry of human resource development - member; and (f) two persons, with experience of at least fifteen years in the social sector, one of whom shall be a woman30(3) the central government shall appoint such number of officers and staff as it considers necessary for the functioning of the authority;(4) the salary and allowances payable to, and terms and conditions of services of the members, officers and staff of the authority shall be such as may be prescribedmeetings of the authority355 (1) the authority shall meet at such times and places as appointed by the chairperson and shall abide by such rules of procedure in regard to transaction of business at its meetings, as may be prescribed;(2) the expenditure incurred for the meetings shall be borne out of the funds provided to it by the central government6 (1) the authority shall,—(a) prepare a plan for family planning in the country, which shall include;40(i) conducting surveys across the country;functions of the national population planning authority(ii) formulating a strategy to specifically target the regions with high maternal and infant mortality rate;(iii) specific identification of the high density and high total fertility rate(tfr) areas and formulate plans for such regions accordingly;(iv) creating a mechanism for ensuring quality medicine procurement;5(v) preparing a strategy for ensuring equal participation of both male andfemale in the sterilization process;(vi) evolving schemes for encouraging participation of both the male andthe female in the family planning process;(vii) preparing a plan for the counselling of the male and the female, to beimplemented by the district population planning committee;10(viii) preparing a strategy to popularize and promote spacing of at leasttwo years between two children;(ix) framing school curriculum on the population stabilization and providefor a mechanism of inclusion of the same; (b) create awareness on the benefits of a small family through various programs;15(c) provide for a framework for the training of the healthcare professionals;(d) examine, recommend and formulate a strategy for integration and convergence of the existing schemes; and(e) perform any other function, which the central government may prescribe from time to time20(2) the authority shall strive to promote the small family norm and suggest measuresto discourage violation of the small family norm7 (1) notwithstanding anything contained in any law for the time being in force, every person, who adopts the small family norm, shall be entitled to—incentives for adhering to small family norm25(a) one additional increment as incentive if the person is employed with the central or the state government;(b) free healthcare at all the public healthcare institutions for the entire family;and(c) receive such other benefits as may be prescribed by the central government from time to time30(2) if either or both the children are female, the female child or children, as the casemay be, shall be entitled to free education till the graduation level, the assistance for which shall be provided by the appropriate government8 the government shall strive to promote a spacing of at least two years between from the date of delivery of the first child and the onset of second pregnancypromote spacing in child births359 the appropriate government shall ensure that people have access to quality andaffordable contraceptive medicines and healthcare pertaining to family planning and matters incidental and consequential theretoappropriate government to ensure access to quality and affordable medicines, healthcare10 (1) the appropriate government shall, as far as possible, designate the eldest married woman in the household as the head of the household under various welfare programmes40designating women as head of the household in welfare programmes11 (1) the appropriate government shall constitute a district population planning committee in every district for purposes of this act(2) the committee shall consist of—constitution of district population planning committee(a) the district collector - ex-officio chairman;5(b) the chief medical officer of the district - ex-officio member;(c) one representative of the municipal council - ex-officio member; (d) two persons with an experience of at least ten years in social sector, at least one of whom shall be a woman10(3) for the purpose of appointments of persons under clause (d) the appropriate government shall consult public representatives of the concerned district12 (1) the committee shall,—functions of the district committee(a) implement the policies and plans formulated by the national population planning authority;(b) coordinate and consult with the village panchayat for formulation and implementation of the plan at the village level;15(c) provide counselling facilities to male and female pertaining to family planning and matters incidental and consequential thereto through healthcare professionals;(d) to carry out an annual survey to collect data on small families in the district;20(e) distribute contraceptives through health-care centres and non-governmental organizations;(f) organize sterilization camps; (g) publicize benefits of having a small family; (h) engage with non-governmental organizations and other social groups for promoting the small family norm;25(i) recommend to the appropriate government from time to time regarding measures to be taken to encourage family planning measures and improve the standard of living; and(j) perform any other function, which the appropriate government may prescribe, from time to time30(2) the committee shall take into account the representation made before it by the village panchayat representatives, to be nominated by the village panchayat, at least one of whom shall be a womancentral government to provide funds3513 the central government shall, after due consultation with the concerned state governments, and after due appropriation made by the parliament in this behalf, provide requisite funds for carrying out the purposes of this act14 (1) the authority shall publish once every year, a report in such form and manner as may be prescribedpublication of annual report(2) the central government shall cause such report to be laid before each house of parliament as soon as it is received4015 the provisions of this act shall not be in derogation of any other law for the time being in forceact not in derogation of other law power to remove difficulty| 16 ||-----------------------------------------------------------------------------------------------|| government, in consultation with the state governments, may make such order or give such || direction, not inconsistent with the provisions of this act, as appears to it be necessary or || expedient for removing any difficulty: |provided that no such other shall be made under this section after the expiry of three years from the date of commencement of this actpower to make rules17 (1) the central government may, by notification, in the official gazette, make rules for carrying out 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 from 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 census of 2011 estimated india's population to be around one hundred and twenty one crores, which, by 2017 is estimated to come closer to one hundred and thirty crores as per registrar general of india, by 2026, india's population will be 1399 crore india, at present, is world's second most populated country and is set to overtake china by 2030 india accounts for only 24 per cent of the total area of the world, while accounting for 169 per cent of its total population, which represents the huge stress that is being created on the resources of the nation such high level of population has further caused and continues to cause high levels of inequality, poverty, hunger and deterioration in standard of living, which is evident from india's miserable performance on the indicators of human development index (hdi) and othersarticle 38 of the indian constitution puts the onus on the state to secure a social order for the promotion of welfare of the people which includes reduction of inequalities in income, status, facilities and opportunities however, the existing levels of population make it difficult to achieve the goals stated under the directive principles of the state policy, whereby state is overburdened with the responsibility of creating enormous infrastructure to sustain such high population, besides other stresses such as ensuring healthcare, reducing poverty and improving quality of life, while the resources to provide such facilities remain limited and continue to deplete with the rising level of populationin the light of the given situation, it is imperative that appropriate steps be taken to stabilize and control the tremendous growth of population so as to distribute the resources more equally and equitably and to improve the standard of living of the people of india such a policy is a requirement of the time so that the directive principles of state policy could be put in the policy framework in their spirit there is also a need to recognize the equal participation of both male and female in the family planning process and need for empowering women in the decision making process emphasis has also to be laid on the educational levels across the country, especially in the regions of high total fertility rate (tfr) moreover, it is also imperative to ensure that the related medicines are available at affordable rates and that responsibilities are established in the cases of violation of norms by the healthcare professionalsthe bill effectively provides for the setting up of a national population planning authority and a committee at the district level, measures which shall be initiated to stabilize and do planning for the population in the country through measures such as spreading education, awareness, empowerment of women and recognition of both male and the female as equal partners in the family planning process the bill is a significant step towards the overall development of the nation and ensuring economic as well as social equalityhence this bill financial memorandumclause 4 of the bill provides for the establishment of a national population planning authority and appointment of such officers and staffs for its functioning clause 5(2) provides for the central government to bear the expenditure incurred for the meetings of the authority clause 7 provides for incentives for small family norm clause 9 provides for the appropriate government to ensure access to quality and affordable medicines, healthcare clause 11 provides for the constitution of a district population planning committee clause 13 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill, therefore, if enacted, will involve an expenditure of rupees five thousand crore per annum from the consolidated fund of indiaa non-recurring expenditure to the tune of ` three hundred crore is also likely to 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 related to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for the stabilization of population in the country through setting up of anational population planning authority at the national level and a districtpopulation planning committee in each district to encourage and promote family planning in order to ensure a population which is in tandem andcommensurate with the resources and development of our nation, toimprove health of the women and empower them, recognizingboth men and women as an important stakeholder in thefamily planning process, to improve standard of livingof the citizens and for the matters connectedtherewith and incidental thereto————(shri sushil kumar singh, mp)mgipmrnd—203ls(s3)—23-07-2018 | Parliament_bills | cc381213-cc8e-5c80-b07a-a8b74de09c53 |
'financial 'memorandumpisce ora othe bill seeks» to :xamend article 338 of the constitution 1 £ 4 iy j h : re the- proposed aaee provides: for,a commission for the schedahese asiekeate sc eetigat 'tribes to-be known as the national commission for the scheduled castes and the scheduled tribes in place of a special officer for the scheduled castes and scheduled tribes it is proposed toxmerge the existing organisation of thesaid special officer -and the-existing national commission for the scheduled castes and scheduled tribes created: by virtue of a resolution of the governmentof india: with the: proposeq: new national' commission- for: the scheduled - castes and scheduled 'tribes:in- view of the said»merger, there »may not be any increase in-expenditure however, the new responsibilities which -will devolve upon the said commission will-entail: some: additional-expenditure "since the additional expenditure -will depend upon: the activities to: be undertaken by the said commission, it is not: = at this stage to-estimate the said expenditure 3 the provisions of the bill do not involve any other expenditure of a recurring or a-non-recurring nature annexure extract from the constitution of india bs % 338 (1) there shall be a special officer for the scheduled castes md scheduled tribes to be appointed by the president (2) it shall be the duty of the special officer to investigate all matters relating 'o the safeguards provided for the scheduled castes scheduled tribes under this constitution and report to the president m the working of those safeguards at such intervals as the president lay direct, and the president shall cause all such reports to be laid before ach house of parliament (3) in this article, references to "he scheduled castes and scheduled ibes shall be construed as including references to such other backward classes as the president may, on receipt of the report of a commission : pointed under clause (1) of article 340, by order specify and also to anglo-indian community % special for scheduled castes, sche-~ duled lribes, ete | Parliament_bills | cbb4f6ed-e006-59aa-ab4a-a126d0aee9c3 |
the mineral oils (additional duties of excise and customs) amendment bill, 1959(as introduced in loj: sabha on 16th december, 1959) the mineral oils (additional duties of excise and customs) amendment bill, 1959 (as introduced in lok sabha) a billto amend the mineral oils (additional duties of excise and customs) act, 1958 be it enacted by parliament in the tenth year of the republic of india as follows:-, 1 this act may be called the mineral oils (additional duties of short title excise and customs) amendment act, 1959 5 z in section 3 of the mineral oils (additional duties of excise amendment 27 of i9ss and customs) act, 1958 (hereinafter referred to as the principal oflection 3 act),-(i) after sub-section (1), the following sub-section shall be inserted, namely:-10 '(1a) the provisions of sub-section (1) shall be deemed to have had effect in respect of the period commencing on the 1st day of april, 1959, and ending on the 31st day of 'october, 1959, as if from the words "at such rates" occurring in that sub-section up to the end thereof, the following has been substituted, namely:-"at the rates specified in relation thereto in column 2 of the said table-rite of additional duty delcription of goodl twelve noyt pais, p~r imperial gallon i keroeene :l motor spirit fourteen i,aye paise p:r imp:rial 10 gallon 3 refined diesel oil twelve iujyt paise per imperial gallon five naye paise per imperial gallon 4 vaporizing oil s diesel oil, not otherwile specified_ rupes twenty per ton 6 furnace oil rupees twenty per ton" '; ----(~i) sub-sections (2) and (3), for the word, brackets and figure "sub-section (1)", the words "this section" shall be substituted; (iii) in sub-section (4), after the figures, letters and words "29th day of june, 1958", the words, figures and letters "or com- 20 mencing on the 1st day of april, 1959, and ending on the 31st day of october, 1959, as the case may be" shall be inserted amendment 3 in section 5 of the principal act, the words, brackets and figure of section s "sub-section (1) of" shall be omitted in both the places where they ~~ ~ power to 4 where any duty of customs on any of the goods specified in alter counsection 2 of the principal act became leviable under the indian tariff ~~i~;i~~ act, 1934, for the period commencing on the 1st day of april, 1959, 32 of 1934' impor~cd and ending on the 31st day of october, 1959, by reason of the fact ~~:e~r- that under that act such duty, being the excise duty for the time 30 being leviable on like goods if produced or manufactured in india, hoas to be added to, or levied as, the duty of customs, the central government may, by notification in the official gazette, direct that the duty of customs on any of the said goods for the said period shall be such as may be specified in the notification 35 statement of objects and reasonsthe mineral oils (additional duties of excise and customs) act, 1958 (27 of 1958), was enacted for the purpose of levying and collecting additional duties of excise and customs on certain mineral oils for the purpose of readjusting those duties in the light of the reduction in prices agreed to by the principal companies distributing mineral oil products in india with effect from 20-5-1958 as a result of further discussion between these companies and government, the companies have agreed to reduce their prices further in order that the benefit of the price reductions which amount to rs 3 crores for the period from the 1st april, 1959 to the 31st october, 1959, accrues to government as before, it has become necessary to readjust with retrospective effect the rates of excise and customs duties during this period the rates of excise duty have been specified in the bill itself, while the rates of customs duty will be specified by means of a notification after the bill becomes law new delhi; the 9th december, 1959 morarji desai extracts from the mineral oils (additional duties of excise and customs) act, 1958 (no 27 of 1958) - • - •levy and 3 collection of additional duties of excise on certain mineral 011 •• - - - - - - (2) the duties of excise referred to in sub-section (1) in respect of the goods specified therein shall be in addition to the duties of excise chargeable on such goods under the central excises and salt act, 1944, or any other law for the time being in force 1 of 1944· (3) the provisions of the central excises and salt act, 1944, and i of 1944 the rules thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation to the levy and collection of the additional duties of excise referred to in this section as they apply in relation to the levy and collection of the duties of excise in respect of the goods specified in sub-section (1) (4) notwithstanding anything contained in this section, the central government may, having regard to the administrative or other difficulties, if ally, which may arise in relation to the levy and collection of all or any of the additional duties of excise under this act for any period commencing on the 20th day of may, 1958, and ending on the 29th day of june, 1958, assess the additional duties of excise payable by any person under this act to be such sum as to the central government appears proper in the circumstances - - - - 5 notwithstanding anything contained in section 64a of the indian sale of goods act, 1930, or in any other law for the time 3 "f 1930 being in force, or in any contract or agreement, no purchaser purchasing any of the goods referred to in sub-section (1) of section 3, shall be litable to payor be sued for, or in respect of,-additional dlltie8 of excise and customs not to be added to price of "oodl for ule (a) the whole or any part of the additional dutiel of excise leviable under this act, or (0) the whole or any part of the additonal duties of customs leviable under section 4 or under the indian tariff act 1934 tg 3~ of 1934· the extent to which such duties have become leviable by reason of this act, as an addition to the contract price payable by him in respect of the goods so purchased explcination-in this section, "purchaser" shall not include any person in principal charge of the distribution in india of any of thp goods referred to in sub-section (u of section 3 , sillto amend the mineral oils (additional duties of excise and customs) act, i958 the president has, in pursuance of clause (i) of artide 117 of the constitution"·of india, recommended to lok sabha the introduction of the bill - m n kaul, secretary (shri merarji dehli, minister of finance) | Parliament_bills | 3be08276-ec57-5d58-bf94-0de1c0cb576b |
bill no 141of 2017 the all india services (amendment) bill, 2017 by shri rajeev satav, mp a billprovide further to amend the all india services act, 1951be it enacted by the parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the all india services (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointlxi of 19512 after section 3 of the all india services act, 1951, the following section shall be inserted, namely:—insertion of new section 3aperiodic review of members of all india services5"3a (1) notwithstanding anything contained in section 3, the central government shall, in consultation with the state government concerned and parent department or ministry, as the case may be, ensure periodic review of officers appointed to the all india services on completion of five years of tenure through a procedure to be conducted by the union public service commission in such manner as may be prescribed:provided that if the periodic review has not been conducted after five years of service in respect of a member, such review may be conducted at any other time as the central government may deem fit10explanation—for the purposes of this section, the term "periodic review"shall mean the review of the entire service record including the annual confidential report (acr) of the member of all india services regarding suitability or otherwise of such member for further retention in the service, to be conducted regularly for each member of such services15(2) the central government, after consultation with the union public service commission and on conclusion of the periodic review of members of the all india services as specified under sub-section (1), may recommend for the bottom fifteen per cent members from each batch of the all india services—(a) the dismissal or pre-mature retirement of five per cent bottom members of the all-india services from each batch; or20(b) administrative training, for the ten per cent members who have achieved a higher rank than the bottom five per cent members, which includes and is not limited to, sending the members for a compulsory career training program for a period of at least six months at the academy concerned in such manner as may be prescribed25(3) the central government after consultation with the government of the state concerned, union public service commission and the parent department or the ministry, as the case may be, by notification in the official gazette, make rules for regulating the manner and procedure for the conduct of periodic review of members of all india services30(4) the central government after consultation with the director of academy concerned and union public service commission frame guidelines on the method and evaluation of administrative training as provided under clause (b) of sub-section (2)" statement of objects and reasonsfor creating smooth administrative machinery, there is a need of effective accountability standards the members of the all india services are a vital cog in the wheel of development of india they are selected through a rigorous method of examination and are entrusted with the responsibility of development at district, state, national as well as international level the need is to weed out the deadwood in order to maintain a high standard of efficiency and initiative in the all india services it is not necessary that a good officer may continue to be efficient for all times to come it may be that there may be some officers who may possess a better initiative and higher standard of efficiency and if given change the work of the government might show marked improvementthere are a number of judicial pronouncements in support of total assessment of the performance of the members of the all india services there have also been observations that have approved any measure by which the assessment by superiors, with an opportunity to watch the work and conduct of an officer, is taken into account while deciding about premature retirement it is sometimes found that a few members of the all india services do tend to become mere passengers in the post or at the level in which a member is placed for the time being they become either stale or listless or do not exhibit any creativity or innovativeness and do not achieve the desired results in some other cases, information may be available which casts grave doubt upon the integrity of a members the need is to strike a just balance between the termination of the completed career of a tired employee and maintenance of top efficiency in the diverse activities of administrationthe bill, therefore, seeks to amend the all india services act, 1951 with a view to provide for periodic review of members of all india services on completion of five years of tenure it also provides for dismissal or pre-mature retirement of bottom five per cent of members at the periodic review and compulsory training to the other bottom ten per cent members who have achieved a higher rank than the bottom five per cent members of all india services at academy concernedhence this billnew delhi;rajeev satavjuly 4, 2017 memorandum regarding delegated legislationclause 2 of the bill empowers the central government make rules for regulating the manner and procedure for the conduct of periodic review of members of all india services as the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billfurther to amend the all india services act, 1951————(shri rajeev satav, mp)gmgipmrnd—990ls(s3)—21-07-2017 | Parliament_bills | 16450ac7-533a-5e8d-92b8-91b8a8fdf276 |
bill no xxxiv of 2008 the hindu minority and guardianship (amendment) bill, 2008 a billfurther to amend the hindu minority and guardianship act, 1956be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the hindu minority and guardianship (amendment)act, 2008 statement of objects and reasonsthe hindu minority and guardianship act, 1956 was enacted as a supplement to the guardians and ward act, 1890 and deals with natural guardians and testamentary guardians incidentally abolishing the de facto guardians the act, however, does not treat men and women equally which has to be correctedhence this billbrinda karat annexure extracts from the hindu minority and guardianship act, 1956 natural guardians of a hindu minor6 the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are—(a) in the case of a boy or an unmarried girl-the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;(b) in the case of an illegitimate boy or an illegitimate unmarried girl-the mother, and after her, the father;(c) in the case of a married girl-the husband:provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—(a) if he has ceased to be a hindu, or (b) if he has completely and finally renounced the world becoming a hermit(vanaprastha) or an ascetic (yati or sanyasi) explanation: in this section, the expression "father" and "mother" do not include step-father and a step-mother7 the natural guardianship of an adopted son who is a minor passes, on adoption to the adoptive father and after him to the adoptive mothernatural guardianship of adopted son rajya sabha————a billfurther to amend the hindu minority and guardianship act, 1956————(shrimati brinda karat, mp)gmgipmrnd—2542rs—03-07-2009 | Parliament_bills | c63b73cd-8845-555c-8add-484c44d14b58 |
bill no 122 of 2010 the commission for fixation of prices of essential commodities bill, 2010 by dr raghuvansh prasad singh, mp a billto provide for the constitution of a commission to fix the prices of essential commodities and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 this act may be called the commission for fixation of prices of essential commodities act, 2010(ii) "commission" means the commission for fixation of prices of essential commodities constituted under section 3;10 of 1955(iii) "essential commodities" means essential commodities defined in clause (a)of section 2 of the essential commodities act, 1955;5(iv) "manufactured goods" means all goods and items that have been manufactured by use of machinery run by use of electricity and are meant for the use and consumption of the consumers; and(v) "prescribed" means prescribed by rules made under this act103 (1) the central government shall, by notification in the official gazette, constitute a commission to be known as the commission for fixation of prices of essential commodities to exercise the powers conferred upon, and to perform the functions assigned to it under this act(2) the commission shall consist of:—constitution of the commission for fixation of prices of essential commodities(i) a chairperson who shall be a retired judge of the supreme court;15(ii) five members of parliament, of whom three shall be from the house of the people and two shall be from the council of states, to be nominated by the presiding officers of the two houses;(iii) three members representing farmers; (iv) three members representing the industrial sector;20(v) three economists who shall be nominated by the central government; and(3) the secretary to the government of india in-charge of the department of consumer affairs shall be the ex-officio secretary to the commission25(4) the salary and allowances payable to, and other terms and conditions of the service of the chairperson, members and secretary of the commission, shall be such as may be prescribed(5) the head office of the commission shall be at new delhi (6) the central government shall provide such number of officers and staff to the commission as are required for its efficient functioning30(7) the salary and allowances payable to, and other terms and conditions of the service of the officers and staff of the commission, shall be such as may be prescribed4 (1) the commission shall perform the following functions:—functions of the commission(a) determine the retail prices of agricultural commodities subject to the condition that the retail price of a commodity during a year is not increased by more than six per cent of its price during the previous year;35(b) determine the retail prices of the manufactured goods subject to the condition that the retail price of a manufactured good shall not be more than one and a half time of their cost of production;(c) payment of remunerative prices to the farmers for their produce in consultation with the commission for agricultural costs and prices; and40(d) monitor the supply of foodgrains and other essential commodities and recommend appropriate action against the persons found guilty of hoarding, profiteering and black marketing of essential commodities (2) the commission shall monitor the supply of foodgrains and other essential commodities and recommend appropriate action against the persons found guilty of hoarding, profiteering and black marketing of essential commodities45(3) in discharge of its functions under the act, the commission shall consult the state governments and such other agencies as it thinks fit(4) the commission shall, as often as it may consider necessary, send a report containing its recommendations to the central government55 the central government shall determine the maximum retail prices of essentialcommodities including the agricultural commodities and the manufactured goods on the basis of the recommendations of the commissionmaximum retail prices of essential commodities to be prescribed by the central government penalties1010 of 19556 any person who charges or demands a price more than the maximum retail price determined by the central government under section 5, shall be treated as guilty of contravening an order made under section 3 of the essential commodities act, 1955 and shall be punished in accordance with the provisions of section 7 of that actact to have overriding effect7 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 force158 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in force dealing with any of the matters dealt with in this actact to supplement other laws power to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act20 25(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 reasonspresently the common man is severely affected by rapidly rising prices of essential commodities efforts being made by the government in this regard are turning out to be ineffective as a result, people are dissatisfied on this issue as this affects their quality of life the determination of prices of essential commodities depends on the market factor the government has no control over it owing to this fact, people with vested interest are making huge profits while the common man is facing difficulties there is no balance in the price between the agricultural commodities produced by the farmers and the goods manufactured in factories though minimum support price for certain agricultural products is fixed by the government, even then the farmers are compelled to sell their produce at a low price it is the middlemen who garner huge profits by selling the agricultural produce at very high priceson the other hand, the manufacturers, acting as a cartel, arbitrarily inflate the prices of the goods manufactured in factories and government has no control over ittherefore, constitution of a commission for price rise control and fixation of rates of commodities at the national level comprising of representatives of farmers, industrialists, economists and the public representatives will go a long way in curbing the price-rise the commission has to formulate a system wherein increase in retail prices will not be more than six per cent in one year between the sowing of the next crop and the retail prices of the products manufactured in factories should not be more than one and a half times of its cost this policy is also in tune with what was propounded by dr ram manohar lohiathe bill seeks to achieve the above objectives financial memorandumclause 3 of the bill provides for the constitution of a commission for fixation of prices of essential commodities it also provides for salary and allowances of the chairman, members and secretary of the commission the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees ten crore would be involvedno non-recurring expenditure is 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 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 constitution of a commission to fix the prices of essential commodities and for matters connected therewith or incidental thereto————(dr raghuvansh prasad singh, mp) | Parliament_bills | e0f29826-4ac5-50b8-88ac-6fdbd9214112 |
12 where any person is prosecuted for contravening any of the provisions o| actor rules framed under the act the burden of proving his innocence shall lie on the burden of proof in certain cases or instrument making such complaint jurisdiction of courts 13, no court inferior to that a presidency magistrate or a magistrate of first cl shall try any offence punishable under this act power to exempt in special cases, 14, if the central government is of the opinion, having regard to the amount of public fund involved in the project or of the strategic importance, it may exempt, subject to such conditions as it may think fit, to impose on any industrial undertaking or ancillary industrial undertaking or factory or group of industrial undertakings, ancillary, industrial undertakings, or factories as it may specify in the notification, from the operation of all or any of the provisions of this act or any rule or order made thereunder power to make rules 15, the central government, may by notification in official gazette, make rules for carrying out the purposes of this act statement of objects and reasons'the object of the bill is to encourage the growth and development of indigenous industries by giving constructive preference in procurement of goods produced in india in view of the major changes introduced in the indian economy and the liberalization of industries and trade policies since july, 1991, the need is felt for giving encouragement to articles, materials, supplies which have been mined, produced or manufactured within the country for safeguarding and promoting the interest of domestic industries including domestic agricultural products the leaders of our freedom struggle had started a swadeshi movement for economic independence of the country, it is our national duty, too, to give protection to indigenous goods in the new economic scenario for a developing country like india, the government's role in infrastructure projects like power, road, national highway, ports, communication, railways, bridges, defence activities, refineries etc continues to be predominant, the public procurement of raw materials and inputs for the purpose of various ongoing and new projects plays a crucial role in generating a high demand for various industrial products in a country like india which is at the threshold of take-off stage for all round economic development it is the primary concern fora country, be it highly developed or developing, to see that the domestic industries set up with the help of massive investment, manpower and technology continue to receive positive support in the form of higher demand generation in situations where the inputs procured from the domestic sources satisfy all eligibility criteria like prices, technical dimensions and delivery schedules and the funds for the same are being provided from public resources or from borrowed fund by state or public agency, it can have a preferential treatment for procurement from domestic sources such measure is compatible to the provisions made in several countries it is expedient in the public interest to develop the indigenous industries without affecting in any way the quality and other aspects of the overall development as such an 'act to encourage the growth and development of indigenous industry including domestic agricultural products needs to be enacted by parliament in the fifty-fifth year of the republic of india new deut; sunil khan august, 17,2004 memorandum regarding delegated legislationclause 15 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to the matters of detail only the delegation of legislative power, therefore, is of anormal character | Parliament_bills | 3697d93e-5b58-516b-986d-4b9121fff387 |
but no $8 of 1983 the national oilseeds and vegetable oils development board bill, 1983 a billto provide for the development under the control of the union of the oilseeds industry and the vegetable oils industry and for matters connected therewith be it enacted by paruament in the thirty-fourth year of the republic of india as follows: -": ' i ~ chapter i preliminary ,"5 1 (1) this act may be called the national oilseeds and vegetable short oils development board act, 1983 title, (2) it extends to the whole of india extent and com_ mence ,(3) it shall come into force on such date as the central government ment may, by notification in the official gazette, appoint 2 it is hereby declared that it is expedient in the public interest oeclara-10 that the union should take under its control the oilseeds inctlstry tion all to expedl encycif coatrol by the union 3 in this act, unless the context otherwise requires,-deftn1-olls tl""""' v_ (4) "board" means the national oiljeeds and ¥egetable development board established under section 4; (b) "chairman" mians the chairman of the boardi (c) "coconut" has the same meaning as in the coconut develop-~«t board act, 1979; - ot1979 (d) "executive director" means the executive director of the board; i (e) "member" means a member of the board; 5 (f) "oilseed" does not include coconut; (g) "prescribed" means prescribed by rules made under this act; (h) "vegetable oil" means any oil produced from oilseeds, or any other oil bearing material of plant origin, and containing 10 glycerides but does not incl\lde any such vegetable oil which haa been subjected to any processing subsequent to the recovery of au; (i) "vice-chairman" means the vice-chairman of the board ; -: : -" ~ chapter ii '!ii the nanonal oilseeds and vegetable oils development boardl:atablish-4 (1) with erect from such da:te as the central government may, by notiscatiun in the official gazette appoint in this behalf, there shall b established, for the purposes of this act, a board to be ~alled ,the natiodal oilseeds dnd v ~getable oils development board ~ent and ronstltu tionof the board (2) the board shall be a body corporate by the name aforesaid, 20 having perpetual succession and a common seal, with power to acq'uire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued (3) the head office of the board shall be at delhi or at such other place as the central government may, by notification in the official 125 gazette, specify j - ,(4) the board shall consist of the following members, namely':-,(a) the minister in charge of the ministry of the central government dealing with agriculture, who shall ex officio be the chairman of the board; (b) the secretary in charge of the ministry of the central government dealing with agricultural development, who shall ex officio be the vice-chairman of the board; (c) the agriculture commissioner to the government of india, ex officio; 35 (d) the director-general, indian council of agricultural re· search, ex officio; (e) three members of parliament, of whom two shall be elected by the h?us8 of the people ~d one by the co'wlcil of statesj to the national oils2eds a~d vegetable oils development board bill 1983(to be/as introduoed in lqk sabha) page 9, in the marginal headin~ to clause 10,-for -"solution dis-it read -"dissolution" f\jew delhi; april 304 19~~ - va i 5 i3 kh a l0 19:;o:o~5~c5i1:"'a~ik-a~)-u) one member to be appointed by the central government to represent the planning commission; (9) three membej;s to be appointed by the t!entral government to represent respectively the ministries of the central go"ernment dealing with-5 (i) finance (revenue); (ii) commerce; (iii) civil supplies; (h) executive director, ex officio; 10 (i) financial adviser to the ministry of the central government dealing \vith agriculture, ex officio; (j) eleven members to be appointed by the central government to represent respectively the governments of the states of andhra pradesh, gujarat, baryana, madhya pradesh, maharashtra, 15 karnataka, orissa, punjab, rajasthan, tamil nadu and uttar pradesh: provided that every appointment under thi clause shall be made on the recommendation of the government of the state concerned; 20 (k) five members to be appointed by the central government to represent respectively-(ii) the national co-operative established under section 3 of development corporation act, 1962; (i) the sta'ie trading corporation of india limited; development the national corporation cooperative 25 r 1962 (iin the li:ntionnl dairy df'velopm(,llt board: 30 (iv) thcl national agricultural co-'opel'ative marketin:g federation; (v) the n!,\tional rank £01' altricultur(' and rural development estabhshcd under section 3 of the national bank for a!tj'icu1ture nth' r'll'al developmert act 1981; 61 of 1981 (l) three mt'mhers to be appointed by the central government to rcpre~ent t~\(· oi1!ll'e{1 '?,'towers: (m) one member to be appointed by the central government 35 to represent exporter!l of oilseeds, vegetable oils or other productllj derived from oi1!lc'cds; (n) one member to he aopointed hy the central governm"nt to repre~ent the vegetnhlp oj1~ industry; (0) two m('mhers to be appointed hv the central government to represent su('h other intert'sts connected with the oil~eeds indu~try or the vege1ahle oils industry as in the opinion of that governmellt, ought to h(' repl'fsenfetj (5) the term of office of the members, oth"r than the ex officio members and the manner of flliin~ vacancies among, and the procedure to be followed in the discharge of their functions by, such mem~ers 45 ,llall be such as may be prescribed! (6) any officer of the central government, not being· a member of the board, when dep,uted by that government in this behalf, shall have the right to attend the meetings of the board and take part in the proceedings thereof but shall not be entitled to vote f) the board may associate with itself in such manner, subject to 5 sllch conditions and for such purposes as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purpose for which he has been 3!'!sociated but shall not have the right to vote and 10 shall be entitled to receive such allowances or fees as may be fixed by the central government (8) no act or proceeding of the board or any committee appointed by it under section 8 shall be invalidated merely by reason of-(a) any vacancy in, or any defect in the constitution of, the 15 board or such committee; or (b) any defect in the appointment of a person acting as a member of the board or s'uch committee; or (c) any irtegularity in the procedure of the board or such committee not affecting the merits of the case 20 (9) the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at ita meetings (including the quorum at its meetings) as may be provided by regulations made by the board under this act s the members of the board shall receive such allowances as may 25 be fixed by the central governd!ent allowancesof membe •• s (1) the central government shall appoint a person possessing such technical qualifications and practical experience in oilseeds development as may be i!re5cribed, as the executive director to the board officers of the board and other staff (2) the executive director shall be the chief executive of the board 30 and shall exe:rcise such powers and perform such functions as may be prescribed ' (3) the central government shall appoint a secretary to the board who shall exercise such powers and perform such functions as may be prescribed or as may be delegated to him by the board or the executive 35 direc'tor (4) the executive director and the secretary shall be entitled to such salary and allowances qnd shall be subject to such conditjons of: service in respect of leave, pension, providellt fund and other matters as may from time to time, be fixed by the central government 40 (5) subject to luch control and restrictions as may be prescribed, the board may appoint such other officers and employees, as may be necessary, for the efficient performant'e of its functions and the method of appointment, the conditions of senice and the scales of pay and allowances of ~lich other officers and employees of the board shall be 45 such as may be provided by the board bf regulations jilade ,ander ~~s ae ,1 l -:a i ; ~ (6) the executive director, the secretary and other officers anci employees of the board shall not undertake any work unconnected with their duties under this act except with the permission of the central government 5 7 (1) on the establishment of the board, it shall be lawful for the central government to transfer to the board, by order, and with effect from such date or dates (which may be either retrospective to any date not earlier than the date of such establishment or prospective) as may be specified in the order nny officer or other employee holding office special provision for transfer of em_ ployees to the board 10 as such in the directorate of oilseeds development immediately before the date on which the board is establi6hed: provided that the scale of pay of the post to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the 15 other terms and conditions of service (including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favo'llrable than the terms and condltions of servke in relation to the post held by him immediately before such transfer: provided further that if, immediately before the date of his transfer, ~o any such officer or other employee is officiating in a higher post under the central government either in a leave vacancy or in any vacancy of a specified duration, his pay and other allowances, if any, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under ~5 the central government to which he would have reverted but 'lor his transfer to the board (2) before any order is made under sub-section (1), the officers and other employees of the directorate of oi'seeds development who are proposed to be transferred under that sub-section shall be given an option 30 in such form and within such time as may be specified in that behalf by the central government, to express their willingness or otherwise to become employees of the board and such option once exercised shall be final: provided that no order under sub-section (1) shall be made in 35 relation to any officer or other employee of the directorate of oilseeds development who has intimated his intention of not becoming an employee of the board within the time specified in that behalf: provided further that such of the persons employed by the central government in the said directorate who do not express, within the 40 time specified in that behalf, their intention of becoming the employees of the board, shall be dpalt with in the same manner as, and in accordance with the same rules as are applicable to, the employees of the central government in the event of the reduction of the strength of the department in which such per~ons have bet'n employed (3) an officer or other employee transferred by an order made 45 under sub-section (1) shall, on and from the date of transfer, cease to be an officer or employee of the central government and become an officer or other employee of the· board with such designation as the :j3o~rd may determine and shall be ~overned by the regulations made by the board under this act in respect of remuneration and other conditions of service (including pension, leave, provident fund and medical benefits) and shall continue to be an officer or other employee of the board unless and until his employment is duly terminated by the board: provided that till such time as the regulations referred to above 5 governing the conditions of service of its officers or other employees are made by the board, the relevant rules and orders made by the central government shall continue to be applicable to such officers or other employees (4) if any question arises as to whether the terms and conditions of 10 service prescribed in the regulations made by the board in respect of any matter, including rt>muneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the board, the decision of the central government in the matter shall be 15 fln~ i 8 (1) tilerc shan be a managing committee of the board for the purpose nf exercising such of the powers and performing such of the functions of the board as may be prescribed or as the board may delegate ~~ i 20 managing committee and other committees of the board (2) the managing committee of the board shall consist of the following members of the board, namely:-(a) the vice-chairman, who shall be the chairman of the managing committee; (b) the agriculture commissioner to the government of india; 25 (c) the director-g~neral, indian council of agricultural research; (d) one member to be nominated by the chairman from among the members referred to in clause (g) of sub-section (4) of section 4; (e) executive director; , (f) financial advi!ler to the ministry of central government dealing with agriculture; (g) one member to be nominated by the chairman from among the members referred to in clause (j) of sub-section (4) of secti~n 4; 35 (h) one member to be nominated by the chairman from among the members referred to in clause (k) of sub-section (4) of section 4; (i) one member to be nominated by the chairman from among the memb~rs referred to in clause (l) of sub-section (4) of section 40 4; and (j) one member to be nominated by the chairman from among the members referred to in c]aus~s (m), (n) and (0) of sub-s~cttql1 '1) of bectio~ ~ - ' ;_ '" (3) subject to such control and restrictions as may be prescribed; th~ board may constitute other standing committees or ad hoc committees for exercising any powers or performing any functions of the board or for inquiring into or reporting and advising on any matter which the lioa!'d may re1er to them 5 (4) the board shall have the power to co·opt as members of the manqiug committee or auy committee coustituted under sub-section (3), such number of persons who are not members of the board as it thinks fit and the persons so co-opted shall have the right to attend the io meetings of the committee and take part in its proceedings but shall not have the right to vote ; (5) the persods cu-opted as members of a committee under subsection (4) shall be en,itled to receive such allowances or fees for attendinc meetings of lhe ~ommittee as may be fixed by the central (iovernment 15 9 (1) it shall be the d"1ty of the board to promote, by such measures as it thinks-fit, the development under the control of the central government ot the oilseeds industry and t~e vegetable oils industry ~tions of the board (2) without prejudice to the generahty of the prpvisions contained in sub-section (1), the measures referred to therein may provide forao (a) taking such measurel> for the development of the o~eds industry and the vegetable oils industry as would enable farmers, particularly small farmers, to become participants in, and beneficiaries of, the development and growth of the oilseeds industry and the vegetable oils industry; 25 (0) recommending measures for improving the marketing of oilseeds, products of ollseeds and vegetable oils and for their quality control in lndia; (c) imparting technical advice to any person who is engaged in the cultivation of oilseeds or the processing or marketing of oilseeds and its products; , i 35 (td) providing for, or recommending, financial or other assistance for the production aud development of adequate quantity of breeders' seeds, foundation seeds and certified seeds of high quality, arranging supply of inputs for the oilseeds growers, adoption of improved melbods of cultivatioll of oilseeds ilnd modern technolog)l for processing of oilseeds, extension of areas under oilseeds cultivation with a view to developing tbe oilseed::! industry and the vegetoble oils industryi 45 (e) recommending such measures as may be practicable for asslsting oilseeds growers to get incentive prices, including recommending, as and when neceti~ary, aiter consultation with the agri· cultural prices commission, minimum and maximum prices for oilseeds and products of oilseeds and vegetable oils; (i) recommending and tuidng such n:c;'!suj:e~ as may be necessary for collection, procurement and mamtenance of bu1fer stocks of oilseeds for stabilising the price situation and market conditions in respect of oilseeds, products of oilseeds and veietable oils; (g) reconlmending and takiue such measures as may be neces-sary for the-(i) prodlotion and development of storage facilities; , (l~) establiliohmcnt of processing unils, in respect of oilse~s, and rendering such financial or other a~sislance as may be considered necessary for such pul'poses; 5 (iii) promotion of oilseeds growers' cooperatives and other appropriate agencies, with a view to achieving integration between production, processing and marketing of oilseed!; (h) recommending mea:ourcs for regulating import, export or 10 distribution of oilseeds or products of oilseeds or vegetable oils in the context of an integrated policy and programme of development of oilseeds and vegetable oils; _(i) collecting islatlsilcs :trum growers of oilseeds, dealers in oilseeds, manufacturers of products of oilseeds and vegetable oils is and such other persons and institutions as may be necessary on any matter l'elalmg to the oll::;eeds industry or vegetable oils mdustry and publishing the statistics so collected or portions thereof or extracts therefrom; (j) recomme)lding the setting up and adoption of grade standards for oilseeds and their products and vegetable oils; go (k), iillancwe suhallie scilemes in cun;suilation with the central government and the govc1-nlllcnts ol tbe states where oilseeds are il'0wn on a large scale, so as to illc1'case the production of oilseeds and to improve their quality and yields; and for this purpose cvolv- 25 ing schemes for the award oi prizes or grant of incentives to growers pf oilseeds and the manulacturers of oilseeds products and vegetable oils and for proviuing marketing facilities for oilseeds products and ve&etable oils; (l) assisliug, encouragwg, promoting, co-ordinating and fidancidj( agricultural, technological, industrial or economic: research on ouseeds, so their products and vegetable oils in such manner as the board may deem fit by making use of available institutions; (m) wld~l·taking pullidly work oil the rcsearch and develop'-ment of the oilseeds industry and the ve,~table oils industry; , i h 95 (n)se'tilll up of region a oillces and 0' er iigcncies for the promotion and development of production, processing gradin, and marketing of oilseeds and its products and vegetable oils in difteredt states and union territories for the efficient discharge of the fundio of die board; 40 (0) such other matters as may be considered necessary for the purpose of carrying out the functions of the board or as mal be prescribed (3) the board shall perform its functions under this section in accordance with, and subject to, such rules as may be made by the cen- 45 kal government in this behalf solution disof the board 10 (1) the central government may, by notification in the omclal gazette and for reasons to be specified therein, direct that the board sball be dissolved from such date and for such period as may be specified in the notification: 5 provided that before iesuing any such notification, the central government shall give a reasonable opportunity to the board to make representations against the proposed dissolution and shall consider the representations, if any, of the board (2) when the board is dissolved 'under the provisions of sub-10 section (1) ,-(a) all members, notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members; (ib) all powers and duties of the board shall, during the period 15 of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf and their remuneration shall be such as may be prescribed; (c) all funds and· other properties vested in the board shall, during the period of dissolution, vest in the central government; and !ao (d) as soon as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this act chapter iii finance, accounts and audit11 the central government may, after due appropriation made by 25 parliament by law in this behalf, pay to the board by way of grants or loans sueh sums of money as the central government may think fit for being utilised for tbe purposes of this act grants and loans by the central government 12 (1) th~re shall be formed 11 fund to be called the oilseeds and veg,tb1e oils development fund and there shall be credited thereto-(a) any fees that may be levied and collected under this act or the rules or regulations made thereunder; conmitu_ tion of oilseeds and vegf~ table oils devel'opment fund <ib) any sums of money paid or any grants or joans granted by the central government for the purposes of this act; (c) any grants or loans that may,be made by any person for ~he 35 purposes of this act (ineluding loan obtained by the board under set'taon 13); (d) any grants or donations from state governments, v(\)untary or,anisations or other institutions j (2) the fund shall be appued-(a) for meeting the cost of the measures referred to in section ; (b) for jneetin, the salaries, allowances and other remuderation of the members, officers and other employeefii, as the cose may be, of the board; (c) for meeting the other administrative expenses or the board and any other expenses authorised by or under this act; (d) {or repayment of any loans 13 (1) the board may, for the purposes of carrying out its functions under this act, and with 'the previo'us approval of, and subject to the 10 directions of the central govemment, borrow money from-borrow_ ing power'! 01 the board (0) the public by the issue or sale of bonds or debentures or both, carrying interest at such rates as may be specified therein; (b) any bank or other institution; (c) such other authority, organisation or institution as may be 15 approved by the central government in this behalf (2) the central government may guarantee the repayment of the monies borrowed by the board under sub-seetion (1) and 'the payment of mterest thereon and other incidental charges accounts a:nd audit u (1) the board shall maintain proper accounts and other relevant 120 records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the ccmptroller and auditor-general of india (2) the accounts of the board shall be audited by the comptroller and auditor-general of india at such intervals as may be spec1fted by 25 him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditor-general (3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rigbts and privileges and authority in con go nection with s'uch audit as the comptroller and auditor-general generally has in connection with the audit of the government accounts and, in partic'ular, shall have the right to demand the prqduction of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board 35 (4) the accounts of the board as certified by the comptroller and auditor-general at india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded ann'ually to the central government and that government shall cause the same to be laid before each house of parliament control by central govllrnmilnt15 the board shall carry out such directions as may be issued to it dirac from time to time by the central government for the eftldent administiona by 5 tration of thi6 act cerrtral government ftetums and reports ig (1) the board shall furnish to the central government at such time and in such 'form and manner as may be prescribed or as the cen tral government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the 10 promotion and development of the ouseeds industry and the vegetable oils industry, as the central government may, from time to time, req'uire (2) the board shall furnish a programme of its activities for each financial year to the central government for their information and 15 directions if any (3) without prejudice to the provisions of sub-section (1), the board shall, as soon as possible, after the end of each ftnancial year, submit to the central government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, 20 policy and programmes during the previous financial year (4) a copy of the report received under sub-section (3) shall be laid as soon as may be, after it is received, before each house of parliament chapter v miscillaneousprotec_ tion ot action taken in good faith 25 17 no suit, prosecution or other legal proceeding shall lie against the central government, or the board or any committee appointed by it, or any member of the board or such committee, or any officer or other employee of the central government or of the board or any other person authorised by the central government or the board, for any-30 thing which is in good faith done or intended to be done under this act or the ru!es or regulations made thereunder 18 (1) the central government may, by notification in the oftlcial gazette, make rules to carry out the provisions of this act power to make rules (2) in particular, and without prejudice to the generality of the fore-3s going power such rules may provide for all or any of the following matters, namely:-45 (a) the term of office of the members (other than the u ofjicio members), and the manner of filung vacancies among and the procedure to be followed in the discharge of their functions by, such members, under sub-section (5) of section 4; (b) the manner in which the conditions subject to which and the purposes for which any person may be associated by the board under sub-section (7) of section 4; (e) the technical qualifications and practical experience in oilseeds development required for aopointment to the post of the executive director to the board under sub-section (1) of section 6: (d) the powers which may be exercised and the functions which may be performed by the exec'utive director as the chief executive of the board under sub-section (2) of section 6; (e) the powers which may be exercised and the functions which may be performed by the secretary to the board under sub-section 5 (3) of section 6; , (1) the control and restrictions' subject to which other officers and employees may be appointed by the board under sub-section (5) of section 6; (g) the powers which may be exercised and the functions io which may be performed by the managing committee under subsection (1) of section 8; (h) the control and restrictions subject to which other standing committees 'or ad hoc committees may be constituted by the board under sub-section (3) of section 8; 15 (i) the matters in respect of which the board may undertake measures for the purpose of carrying out its functions under clause (0) of sub-section (2) of section 9; (j) the remuneration payable to the person or persons referred to in clause (b)_ of sub-section (2) of section 10; 20 (k) the form in which the accounts of the board shall be maintained and the annual stah~ment of accounts shall be prepared under sub-section (1) of section 14; (l) the time at which and the form and manner in which the board shall furnish returns and statements and particulars regard- 25 ing its proposed or existing programmes to the central government, under sub-section (1) of section 16; (m) the form in which and the date before which the board shall furnish to the central government the report of its activities, policy and programmes during the previous financial year under 30 sub-section (3) of section 16; (n) any other matter which has to be, or may be, prescribed by rules under this act power to make regula tioljll 19 (1) the board may, with the previous sanction of the central government, by notification in the official gazette, make regulations 35 not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this ad i (2) in particular, and wit~out prejudice to the generality of the 40 foregomg power, such regulations may provide for all or any of the following matters, namely:-(a) the times and :places of the meetings of the board and the procedure to be followed for the transaction of business at such meetings and the number of members which shall form a quorum at a meeting under sub"section (9) of section 4 , (b) the method of appointment, the conditions of ll'ervice and the scales of pay and allowances of any of the other officers ,and employees of the board under sub-se,ction (5) of section 6; 5 (c) generally, for the efficient conduct of the affairs of the board (3) the central government may, by notification in the official gazette, modify or rescind any regulation sanctioned by it and the regulation so modified or rescinded shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 10 that any such modification or rescission shall be without prejudice to the validity of anything previously done under the regu~ation rules and regu lations to be laid before parlil ment, 20, 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 parlia- ment, while it i~ in session, for a total period of thirty days which m~ly is be comprised in one session or in two or more successive sess'ons, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in rr aking any modification in the rule or regulation, as the case may be, or both houses agree that the rule or regulation, as the case may be, sho'llld not be 20 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 21 (1) if any difficulty arises in giving effect to the provisions of this | power ||-----------|| remove || diftlcul || ties |2~ act, the central government may, by order, not inconsistent with the provisions of this act, remove the diffic'lllty: ,provided that no such order shall be made after the expiry of a ~eriod of two, years from the commencement of this act (2) a copy of every order made under sub-section (1) shall be laid, 'so is soon as may be, after it is made, before each house of parliament statement of objects and reasonsoilseeds are the principal commercial crops of india these are grown on an area of about 18 million hectares annually which constitutel about 10 per cent of the total cropped area in the coun~ry, vegetable oils derived from oilseeds and other oil-bearing material of plant origin, including rice-bran and a variety of tree crops, fonn an essential part of human diet and also serve as valuable raw-material for industrial products such as soaps, paints, lubricants, etc there has been persistent gap between demand and supply of vegetable oils which has been met through imports valued at about rs 600 to 700 crores annually the per capita consumption of vegetable oils in the country is about g kg which is quite low as compared with world average of 11 kg and about 26 kg in the developed countries therefore, every effort has to be made to increase the production and productivity of oilseeds and exploitation of other sources of vegetable oils with a view to progressively narrow the gap between the demand and supply of vegetable oils and thus to attain self-sufficiency in the production of oilseeds and vegetable oils 2 production of oil seeds has been subject to considerable fluctuations due to seasonal aberrations only about 8 per cent of the total area under oilseeds is irrigated and the productivity in general is considerably low research efforts need to be intensified in order to bring about technological improvements and evolve high yielding varieties of oilseeds infra-structure for marketing needs to be strengthened to eliminate speculative activities resulting in large fluctuations in prices which have a dampening effect on production post-harvest technology needs to be modernised with a view to minimising losses in this process similarly, exploitation of other sources of vegetable oils including rice-bran, red palm oil etc need to be given greater attention development of oilseeds of tree origin and forest origin merits spec~al consideration as these oilseeds are grown in areas mostly inhabited by tribals and other backward classes 3 the processing industry for the production of vegetable oils has to be modernised technological innovations designed to increase oil extractions from different sources of vegetable oils have to be given due encouragement by-product utilisation and diversification have also to be encouraged there are rich potentialities for marketing of deoiled sal seed meal and other cakes and meals of tree or non-traditional oilseeds like mahua, neem, plas, etc 4 in ol'der to deal effectively with these problems, under conditions of growing supply and demand gap in the vegetable oils sector, it is necessary to have an integrated approach towards oilseeds production, processing procurement, marketing, storage, prices and quality control the bill seeks to provide for the integrated development of the oilseeds industry (excluding coconut industry) and the vegetable oils industry under the control of the union and for the establishment of a board to be known as the national oilseeds and vegetable oils development board the board will provide technical, financial and other assistance for the promotion of oilseeds industry and the vegetable oils industry it is proposed to vest the board with adequate powers to deal with various aspects of oilseeds industry and the vegetable oils industry 5 the board shall have representatives of the concerned ministries of the central government, oilseeds growing states, growers of oilseeds, vegetable oils industry and other connected interests 6 'fhe finances of the board will consist of sums provided by the central government out of the proceeds of cess on vegetable oils (vide vegetable oils cess bill, 1963), grants or loans made by the central government, or by any other person or donations from the state governments, voluntary organisations and other institutions the board will also have power to borrow monpy, with the approval of the central government, from the public, by the issue or sale of bonds and debentures and from any bank or any other authorities, organisation or institution 7 the bill seeks to achieve the above objects new delhi; rao birendra singh the 19th april, 1983 president's recommendation under article 117 of the constitution of india[copy of letter no 25-2/82-caii-odb(i) , dated the 23rd april, 1983 from rao birendra singh, minister of agriculture to the secretary, lok sabha] the president having been informed of the subject matte~ of th: ve etable oils development board blll, 19801 national oilseeds ~d ft) of article 117 of the constitution of india, recommends ~nder c ause lok sabha and also recommends under the introduction of the bfil1 hl n constitution of india the consideration of clause (3) of article 117 0 t e the bill by lok sabha sub-clauses (1) and (4) of clause 4 of the bill provide for the establishment and constitution of the national oilseeds and vegetable oils development board clause 5 provides that the members of the board shall receive such allowances as may be fixed by the central government sub-clauses (1) and (3) of clause 6 provide for appointment of the executive director and secretary to the board slib-clause' (4) of clause 6 provides that the executive director and the secretary shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, etc as may, from time to time be fixed by the central government sub-clause (5) of clause 6 authorises the board to appoint such other officers and employees as may be necessary for the efficient performance of its functions the scales of pay and allowances of such other officers and employees of the board shall be such as may be provided by the board by regulations made under the act provision has also been made in clause 4 (7) for fixing the allowances or fees for the persons associated ,vith the board or co-opted to committees of the board under ~bclause (5) of clause 8 2 clause 9 of the bill provides for the functions of the board these include, inter alia, the rendering by the board of technical, financial and other assistance for the integrated development of the oilseeds and the vegetable oils industry -3 clause 10(2) (b) provides for payment of remuneration to the person or persons who may be appointed by the central government to exercise and perform the powers and duties of the board when the board 1s dissolved 4 the afore-mentioned provisions of the- bill involve expenditure towards-(a) payment of salaries, allowances, etc, to the members of the board, persons associated with the board or co-opted to committees of the board, persons appointed to exercise the powers and duties of the board when the board is dissolved and the officers and employees of the board;, and (b) meeting the other administrative expenses of the board and any other expenses authorised by or under the provisions of ',the bui , 5 clause 11 of the bill provides that the central government may, after due appropriation made by parliament by law in this beh!llf pay to the board by way of grants or loans such sums of money as it may think fit for being utilised for the purposes of the bill 6 clause 12 of the bill provides for the constitution of a fund to be known as the oilseeds and vegetable oils development fund and the fund is to be applied for meeting the afore-mentioned expenditure the fund will consist, inter alia, of the sums provided by the central government out of the proceeds of cesf; on veeetable oils under the vegetable oils cess bill, 1983, grants or loans made by the central government or any person and grants or donations from the central and state governments or any other institution 7 clause 13 empowers the board to borrow money from the public by the issue or sale of bonds or debentures or both or from any bank or other institution or such other authority, organisation or institution as may be approved by the central government sub-clause (2) of clause 13 provides that the central government may guarantee the repayment of the monies borrowed by the board and interest thereon ::snd other incidental charges 8 it is not possible at this stage to indicate precisely the expenditure that is likely to be incurred, if the bill is enacted and brought into operation however, it is estimated that a non-recurring expenditure of rs 4 lakhs is likely to be incurred initially on the establishment of the board a recurring expenditure of about rs 6 lakhs is likely to be incurred by the board during its first ear of operation when the board expands its activities, expenditure may also ircrease as already mentioned, the board will have to meet the expenditure from its own fund and from any payment made to the board by the central government after due appropriation made by parliament by law in this behalf memorandum regarding delegated legislationclause 18 of the bill empowers the central government, by notification in the official gazette, to make rules to carry out the provisions of the proposed legislation sub-clause (2) of this clause enumerates the matters with respect to wh;ch rules may be made under this clause these matters relate, inter alia, to the term of office of the members (other than the ex officio members) of the board and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, such members, the technical qualifications and practical experience in oilseeds required for appointment to the post of the executive director, the powers which may be exercised and the duties which may be performed by the executive director, secretary and managing committee of the board, the matters in respect of which the bc·ard may undertake measures for the purpose of carrying out its functions, the form in which the accounts of the board shall be maintained and the form and manner in which and the time at which the board shall furnish returns and reports to the central government 2 clause 19 of the bill empowers the board to make regulations, with the previous sanction of the central government, not inconsistent with the provisions of the bill, for enabling the board to discharge its functions these matters, intet alia, relate to the times and places of the meetings of the board and the procedure to be followed thereat, the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other employees of the board 3 as the matters with respect to which rules or regulations may be made under clause 18 or clause 19 pertain to matters of procedure or detail, the delegation of legislative power is of normal character 4 clause 21 of the bill empowers the central government to remove by order any diffic"llty which may arise in giving effect to thp provisions of the legislation this is by way of abundant caution and for covering difficulties which it is not practicable to visualise it has, however, been provided that no such order shall be made after the expiry of a period of twq years from the commencement of the act it has also been provided that a copy of every such order made shall be laid before each house of parliament "~" a bill to provide for the development under the control of the union of the o1lseeds industry and the vegetable oils industry and for matters connected therewith i t "~ ," , (rao birendra singh, , minijte10 of agrieultu7'e) '" " | Parliament_bills | a66803e5-926e-5ef0-ad18-c962dec06ebb |
bill no 228 of 2017 the drugs and cosmetics (amendment) bill, 2017 by shri nk premachandran, mp a billfurther to amend the drugs and cosmetics act, 1940be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the drugs and cosmetics (amendment) act, 2017short title and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 323 of 19402 in section 3 of the drugs and cosmetics act, 1940 (hereinafter referred to as the principal act),—10so as renumbered, the following clause shall be inserted, namely:—"(a) "active pharmaceutical ingredients or bulk drug" means any pharmaceutical chemical biological plant product including its salts, esters, isomers, analogues and derivatives, conforming to standards specified in this act, which is used as such or as an ingredient in any formulation;5(ai) "authority" means the drugs and cosmetics price (control, regulate and monitoring) authority constituted under section 7b"; (b) after clause (aa), the following clauses shall be inserted, namely:—10"(aai) "brand" means a name, term, design, symbol, trademark or any other feature that identifies one seller's drug as distinct from those of other sellers;(aaii) "ceiling price" means a price fixed by the government for scheduled formulations in accordance with the provisions of this order;(aaiii) "chairperson" means the chairperson of the drugs and cosmetics price (control, regulate, monitoring) authority";15(c) after clause (aaa), the following clauses shall be inserted, namely:—"(aaai) "dealer" means a person carrying on the business of purchase or sale of drugs, whether as a wholesaler or retailer and includes his agent;20(aaaii) "distributor" means a person engaged in the work of distribution of drugs and includes an agent or a stockiest for stocking drugs for sale to a dealer"; (d) in clause (b), after sub-clause (iv), the following sub-section shall be inserted, namely:—25"(v) in relation to [ayurvedic, siddha or unani] drugs means the drugs specified from time to time by the central government by notification in the official gazette after consultation with the board constitutied under section 33c;30(vi) all the items covered under (i) to (v) above which the authority constituted under section 4 of this act deems fit to treat as drug or cosmetics for the implementation of provisions of this act with or without notification by the central government"; (e) after clause (b), the following clauses shall be inserted, namely:—"(ba) "expert member" means expert member of the drugs and cosmetics price (control, regulate, monitoring) authority established under section 7b;35"(bb) "formulation" means a medicine processed out of or containing one or more drugs with or without use of any pharmaceutical aids, for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease and, but shall not include,(i) any medicine included in any bonafide ayurvedic (including siddha) or unani (tibb) systems of medicines;40(ii) any medicine included in the homoeopathic system of medicine;and(iii) any substance to which the provisions of this act not apply;45(bc) "generic version of a medicine" means a formulation sold in pharmacopeial name or the name of the active pharmaceutical ingredient contained in the formulation, without any brand name"; (f) after clause (f), the following clause shall be inserted, namely:—"(fa) "maximum retail price" means the ceiling price or the retail price plus local taxes and duties as applicable, at which the drug shall be sold to the ultimate consumer and where such price is mentioned on the pack;(fb) "moving annual turnover" in a particular month means cumulative sales value for twelve months in domestic market, where the sales value of that month is added and the corresponding sales of the same month in the previous year are subtracted;5(fc) "national list of essential medicines" means national list of essentialmedicines, 2011 published by the ministry of health and family welfare as updated or revised from time to time in the official gazette;10(fd) "new drug" means a formulation launched by an existing manufacturerof a drug of specified dosages and strengths as listed in the national list of essential medicines by combining the drug with another drug either listed or not listed in the national list of essential medicines or a formulation launched by changing the strength or dosages or both of the same drug of specified dosages and strengths as listed in the national list of essential medicines;15(fe) "non-scheduled formulation" means a formulation, the dosage andstrengths of which are not specified in the first schedule";(g) after clause (g), the following clause shall be inserted, namely:—20"(ga) "local taxes" means any tax or levy (except excise or import dutyincluded in retail price) paid or payable to the central government or the state government or any local body under any law for the time being in force by the manufacturer or his agent or dealer;(gb) "market share" means the ratio of domestic sales value (on the basisof moving annual turnover) of a brand or a generic version of a medicine and the sum of total domestic sales value of all the brands and generic versions of that medicine sold in the domestic market having same strength and dosage form;25(gc) "margin to retailer" for the purposes of this order shall mean apercentage of price to retailer;(gd) "market based data" means the data of sales related to drug collectedor obtained by the government as deemed fit, from time to time;";(h) after clause (h), the following clause shall be inserted, namely:—30"(ha) "pharmaco economics" means a scientific discipline that comparesthe therapeutic value of one pharmaceutical drug or drug therapy to another;";(i) after clause (i), the following clauses shall be inserted, namely:— (j) "price list" means the price fixed by the authority for the sale of drugs;35(k) "price to retailer" means the price of a drug at which it is sold to a retailerwhich includes duties and does not include local taxes;(l) "retail price" means the price fixed by the authority; (m) "retailer" means a dealer carrying on the retail business of sale of drugs tocustomers;40(n) "scheduled formulation" means any formulation, included in the schedule ofthe authority whether referred to by generic versions or brand name;(o) "schedule" means a schedule published by the authority from time to time; (p) "wholesaler" means a dealer or his agent or a stockist engaged in the sale ofdrugs to a retailer, hospital, dispensary, medical, educational or research institution or any other agency; and45(q) "wholesale price index" means annual wholesale price index of all commoditiesas announced by the department of industrial policy and promotion, government of india, from time to time"3 after chapter ii of the principal act, the following chapter and sections thereunder shall be inserted, namely:—insertion of new chapter iia "chapter iia the drugs and cosmetics price (control, regulate, monitoring) authority57b the central government shall, by notification in the official gazette, establish, with effect from such date as may be specified therein, within six months from the date of commencement of this act an authority to be known as the drugs and cosmetics price (control, regulate, monitoring) authority to exercise the jurisdiction, powers and authority conferred on such authority by or under this actestablishment of the drugs and cosmetics price (control, regulate, monitoring) authority107c (1) the authority shall consist of—compositionof authority(a) a full time chairperson; and (b) not less than five but subject to maximum of ten full time expert members from different fields and not more than one from the same field to be appointed by the central government in such manner as may be prescribed15(2) the chairperson of the authority may, if he considers necessary, invite any one or more persons having specialized knowledge and experience in a particular drug of cosmetic before the authority to assist the authority in that case20(3) the headquarters of the authority shall be at new delhi and the authority may establish its offices at other places in the states and union territories as it may deem necessary for carrying out the purposes of this act7d the authority shall—functions of the authority(a) control, regulate and monitor the price of drugs and cosmetics; (b) ensure the availability of drugs and cosmetics at reasonable and affordableprice;25(c) analyze the quality, composition of drugs and cosmetics (d) calculate the price of drugs and cosmetics at various levels such asmanufacturer, wholesale dealer, retail dealer and retail shops, pharmacies, margin toretailer and maximum retail price including all taxes and levies;30(e) for ceiling price of a scheduled formulation in case of no reduction in pricedue to absence of competition(f) regulate, control and monitor, import, export, patent or proprietary of medicine,manufacturer, margin to retailer, market based data, maximum retail price, moving annual turnover, national list of essential medicines, new drug, pharmaco economics, price list, price to retailer, retail price, retailer, wholesaler and whole sale price index;35(g) calculate ceiling price of rise of drugs, calculation of retail price of new drugsfor existing manufacturers, ceiling price of drugs in case of no reduction in price due to absence of competition, fix margin to retailer, maximum retail price, market base data, ceiling price or retail price of a pack and all other matters require for fix, regulate and monitor the price of drugs40(h) maintain records and production thereof for inspection, power of entry searchand seizure;(i) prepare schedule of medicines; (j) suspend, cancel and terminate the license for manufacture and sale;(k) suspend, cancel and terminate the regulation or manufacturer and seller of drugs and cosmetics;(l) levy fine on the defaulters: or (m) undertake such other functions as may be assigned to it, from time to time:5provided that a person shall not be qualified for appointment as the chairman ofthe authority, unless he is, or has been, a judge of the supreme court of india or chief justice of a high court:1015provided also that a person shall not be qualified for appoint as full time expertmember unless he is, or has been, a director general of health services, drugs controller of india, director of the central drugs laboratory, director of all india institute of medical sciences, director of medical education, director of central research institute (drugs and pharmaceuticals), director of indian veterinary research institute, president, medical council of india, president, pharmacy council of india, director of medical, research and technology institute constituted as per the law enacted by the parliament, director, chemical and pharmaceuticals of india, government analyst and pharmacologist from indian council of medical research7e the chairperson and expert member of the authority shall hold office as such for a term of five years from the date on which he enters upon his office, but shall not be eligible for re-appointment:20provided that in case a person, who is or has been a judge of the supreme court,has been appointed as chairperson of the authority, he shall not hold office after he has attained the age of seventy years:term of office and other conditions of service of chairperson and expert member25provided further that in case a person, who is or has been the chief justice of ahigh court, has been appointed as chairperson of the authority, he shall not hold office after he has attained the age of sixty-seven years:provided also that no expert member shall hold office after he has attained theage of sixty-five yearsresignation7f the chairperson and expert member of the authority may, by notice in writingunder his hand addressed to the central government, resign from his office307g the salaries and allowances payable to, and the other terms and conditions ofservice (including pension, gratuity and other retirement benefits) of, the chairperson and expert member of the authority shall be such as may be prescribed:salaries, allowances and other terms and conditions of service35provided that neither the salary and allowances nor the other terms andconditions of service of the chairperson and expert member shall be varied to their disadvantage after their appointment7h the central government may, in consultation with the chief justice of india, remove from office of the chairperson of the authority, who,—removal and chairperson and expert member(a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or40(c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or45(e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) the chairperson shall not be removed from his office except by an order made by the central government after an inquiry made by a judge of the supreme court in which such chairperson has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges5(3) the central government may suspend from office the chairperson in respect of whom a reference of conducting an inquiry has been made to the judge of the supreme court until the central government passes an order on receipt of the report of inquiry made by the judge of the supreme court on such reference(4) the central government may, by rules, regulate the procedure for inquiry referred to in sub-section (2)10(5) the expert member may be removed from his office by an order of the central government on the grounds specified in sub-section (1) and in accordance with the procedure as may be notified by the central government:provided that the expert member shall not be removed unless he has been given an opportunity of being heard in the matter157i in the event of the occurrence of any vacancy in the office of the chairperson of the authority, by reason of his death, resignation or otherwise, the central government may, by notification, authorise in this behalf, shall as the chairperson until the date on which a new chairperson is appointed in accordance with the provisions of this actto act as chairperson of authority or to discharge his functions in certain circumstances 7j (1) the central government shall appoint such number of officers and other employees to the authority to assist the discharge of its functionsofficers and staff of authority20(2) the recruitment of the officers and other employees of the authority shall be made by the chairperson in such manner as may be prescribed(3) the officers and other employees of the authority shall discharge their functions under the general superintendence of the chairperson25 (4) the salaries and allowances and conditions of service of the officers and other employees of the authority shall be such as may be prescribed7k the chairperson of the authority shall exercise such financial and administrative powers as may be vested in him under the rules made by the central government:financial and administrative powers of chairperson30provided that the chairperson may delegate such of financial and administrativepowers, as he may think fit, to any expert member or an officer of the authority subject to the condition that the member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the chairperson7l the authority shall have the jurisdiction to settle dispute regarding fixation, control, regulation, monitoring of drugs and cosmeticsauthority to settle disputes35(2) no application for adjudication of dispute under this section shall be entertainedby the authority unelss it is made within a period of six months from the date on which the cause of action for such dispute first arose:provided that the authority may, if it is satisfied that the applicant was preventedby sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days407m the decision of the authority by majority of members present and voting shall bebinding:decision to be taken by majorityprovided that if there is a difference of opinion among the members hearing anapplication, the opinion is equally divided, the chairperson shall hear (if he has not heard earlier such application) such application and decide:provided further that where the chairperson himself has heard such application along with other members of the authority, and if there is a difference of opinion among the members in such cases and the opinion is equally divided, he shall refer the matter to other members of the authority who shall hear such application and decide5appeal to supreme court7n any person aggrieved by any decision or order of the authority, may, file an appealto the supreme court, within ninety days from the date of communication of the decision or order of the authority, to him, on any one or more of the grounds specified in section 100 of the code of civil procedure, 1908 (5 of 1908):10provided that the supreme court may entertain any appeal after the expiry of nientydays, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appealcost7-o (1) while disposing of an application under this act, the authority shall havepower to make such order as to costs, as it may consider necessary15(2) where the authority holds that a claim is not maintainable, or is false or vexatious,and such claim is disallowed, in whole or in part, the authority may, if it so thinks fit, after recording its reasons for holding such claim to be false or vexatious, make an order to awards costs, including lost benefits due to any interim injunction207p where any amount by way of fine, compensation or relief is ordered to be paidunder any order made by the authority on the ground of any damage, that amount shall be remitted to the authoritydeposit of amount payable for damage to environment(2) the amount of fine or compensation or relief credited in the authority under subsection (1), may, notwithstanding anything contained in the public liability insurance act, 1991 (6 of 1991) be utilized for the treatment and welfare of such persons as prescribed257q an award or oder or decision of the authority under this chapter shall be excutableby the authority as a decree of a civil court, and for this purpose, the authority shall have all the powers of a civil courtexecution of order or decision of authority(2) notwithstanding any thing contained in sub-section (1), the authority may transmit any order or award made by it to a civil court having local jurisdiction and such civil courts shall execute the order or award as if it were a decree made by that court30 35(3) where the person responsible, for death of, or injury to any person or damageagainst whom the order is made by the auithority, fails to make the payment or deposit the amount as directed by the authority within the period so specified in the order, such amount, without prejudice to the filing of complaint for prosecution for an offence under this act, or any other law for the time being in force, shall be recoverable from the aforesaid person as arrears of land revenue of public demand40penalty for failure to comply with orders of authority7r whoever, fails to comply with any order or decision of the authority under this act, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to twenty crore rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to fifty thousand rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention:45provided that in case a company fails to comply with any order or award or adecision of the authority under this act, such company shall be punishable with fine which may extend to thirty crore rupees, and in case the failure or contravention continues, with additional fine which may extend to two lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention(2) notwithstanding anything contained in the code of criminal procedure, 1973(2 of 1974) every offence under this act shall be deemed to be non-cognizable within the meaning of the said codeoffences by companies57s (1) where any offence under this chapter has been committed by a company,every person who, at the time the offence was committed, was directly 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:10provided that nothing contained in this sub-section shall render any such personliable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence15an offence udner this act has been committed by the 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, ay 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 a firm or other association of individuals; and(b) "director" in relation to a firm means a partner in the firmoffences by government department257t (1) where any department of the government fails to comply with any order oraward or decision of the authority under this chapter, the head of the department shall be deemed to be guilty of such failure and shall be laible to be proceeded against for having committed an offence under this chapter and punished accordingly:provided that nothing contained in this section shall render such head of thedepartment liabel 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 offence30(2) notwithstanding anything contained in sub-section (1) where an offence underthis chapter has been committed by a department of the government and it is proved thatthe 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 also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly35bar of jurisdiction7u (1) with effect from the date of establishment of the authority under this chapter,no civil court shall have jurisdiction to entertain any dispute in respect of any matter, which the authority is empowered to determine under its jurisdiction40(2) no civil court shall have jurisdiction to settle dispute or entertain any questionrelating to any claim for granting any relief or compensation which may be adjudicated upon by the authority, and no injunction in respect of any action taken or to be taken by or before the authority in respect of the settlement of such dispute or granted by the civil courtcognizance of offences7v (1) no court shall take cognizance of any offence under this chapter except on acomplaint made by—45(a) the central government or any authority or officer authorised in this behalfby that government; or(b) any person who has given notice of not less than sixty days in such manneras may be prescribed, of the alleged offence and of his intention to make a complaint, to the central government or the authority or officer authorised as aforesaid(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 act57w the chairperson, and expert members, officers and other employees of the authority shall be deemed to be public servants within the meaning of section 21 of the indian penal code (45 of 1860)members and staff of authority to be public servants protection of action taken in good faith7x (1) no suit or other legal proceeding shall lie against the employees of the centralgovernment or a state government or any statutory authority, for anything which is in good faith done or intended to be done in pursuance of this chapter or any rule or order made there under10(2) no suit, prosecution or other legal proceeding shall lie against the chairperson orexpert member of the authority or any other person authorised by the chairperson or the expert member for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made there under15act to have overriding effect7y the provisions of this act, shall have effect notwithstanding anything inconsistentcontained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this actpower to make rules7z (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act20(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 thirty days as 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, prejudice to the validity of anything previously done under the rule25power to amend schedule7za (1) the central government may, by notification, amend the schedule by including therein any other act, enacted by parliament having regard to the objective of fix, control, regulate and monitor the price of drugs and cosmetics there from on the date of publication of such notification, such act shall be deemed to be included in or, as the case may be, omitted from the schedule30 35(2) a copy of every notification proposed to be issued under sub-section (1), shall belaid 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 the houses40power to remove difficulties7zb (1) if any difficulty arises in giving effect to the provisions of this chapter, thecentral government, may, with the consent of the chairman of the authority by order publishedin the official gazette, make such provisions, not inconsistent with the provisions of this act as may appear to it to be necessary for removing the difficulty:provided that no such order shall be made after the expiry of a period of twoyears from the commencement of this act45(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 price of drugs and cosmetics is increasing manufacturing companies, dealers and retailers are not providing drugs and cosmetics in reasonable price even the life saving medicines are not available in the market in a reasonable price this sector becomes a profit making sector without considering the life and health of people there are no criteria fixed for fixing the price of drugs and cosmetics the existing system is regulation, control and monitoring of the price of drugs and cosmetics it is also important to make available the medicines at affordable prices the mechanism introduced by the existing system was flouted the branded drugs and cosmetics are marketing without scientific and systematic system for regulate, control and monitoring even though the drugs and cosmetics act, 1940 is there to regulate the import, manufacture, distribution and sale of drugs and cosmetics, but, it had not yield the desired resultsthe bill, therefore, seeks to amend the drugs and cosmetics act, 1940 with a view to establish the drugs and cosmetics price (control, regulate and monitoring) authority to—(a) control, regulate and monitor the price of drugs and cosmetics; (b) ensure the availability of drugs and cosmetics at reasonable and affordable price;(c) analyze the quality, composition of drugs and cosmetics; (d) calculate the price of drugs and cosmetics at various levels such as manufacturer, wholesale dealer, retail dealer and retail shops, pharmacies, margin to retailer and maximum retail price including all taxes and levies;(e) for ceiling price of a scheduled formulation in case of no reduction in price due to absence of competition;(f) regulate, control and monitor, import, export, patent or proprietary of medicine, manufacturer, margin to retailer, market based data, maximum retail price, moving annual turnover, national list of essential medicines, new drug, pharmaco economics, price list, price to retailer, retail price, retailer, wholesaler and wholesale price index;(g) calculate ceiling price of rise of drugs, calculation of retail price of new drugs for existing manufacturers, ceiling price of drugs in case of no reduction in price due to absence of competition, fix margin to retailer, maximum retail price, market base data, ceiling price or retail price of a pack and all other matters require for fix, regulate and monitor the price of drugs(h) maintain records and production thereof for inspection, power of entry search and seizure;(i) prepare schedule of medicines; (j) suspend, cancel and terminate the licence for manufacture and sale; (k) suspend, cancel and terminate the regulation of manufactures and seller of drugs and cosmetics;(l) levy fine on the defaulters; or (m) undertake such other functions as may be assigned to it, from time to timehence this billnew delhi;nk premachandrannovember 27, 2017 financial memorandumclause 3 of the bill provides for the establishment of the drugs and cosmetics price(control, regulate, monitoring) authority 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 per annum a non-recurring expenditure to the time of rupees ten crore is also likely to be involved from the consolidated fund of india memorandum regarding delegated legislationclause 3 of the bill vide proposed section 7z empowers the central government to make rules for carrying out the purpose of this bill as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character annexure [extracts from the drugs and cosmetics act, 1940] definitions3(a) "ayurvedic, siddha or unani] drug" includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, and manufactured] exclusively in accordance with the formulae described in the authoritative books of ayurvedic, siddha and unani tibb systems of medicine, specified in the first schedule;(aa) "the board" means—(i) in relation to ayurvedic, siddha or unani drug, the ayurvedic, siddha and unani drugs technical advisory board constituted under section 33c; and(ii) in relation to any other drug or cosmetic, the drugs technical advisory board constituted under section 5; (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 3; (b) "drug" includes—(i) (ii) (iii) (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; (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 construed accordingly; (g) "to import" with its grammatical variations and cognate expressions means to bring into india; 2 (h) "patent or proprietary medicine" means,—(i) (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; (i) "prescribed" means prescribed by rules made under this act lok sabha———— a billfurther to amend the drugs and cosmetics act, 1940————(shri nk premachandran, mp)gmgipmrnd—2755ls(s3)—14-12-2017 | Parliament_bills | 8dc11c07-69d8-5a60-bb00-425f881052ea |
bill no lxxxvi of 2010 the whistle blowers (protection in public interest disclosures) bill, 2010 a billto provide for protection from criminal or civil liability, departmental inquiry, demotion,harassment and discrimination of whistle blowers, ie, the persons who bring to lightspecific instances of illegality, criminality, corruption, miscarriage of justice, anydanger to public health and safety in any government, public or privateenterprise to an authority designated for the purposes andmatters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the whistle blowers (protection in public interest disclosures) act, 2010short 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 | ) "designated authority" means the authority designated by the central ||-------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| government to receive complaints of public interest disclosures under section 6 and | | || includes any new authority created in this behalf; | | || 5 | | || ( | b | ) "prescribed" means prescribed by rules made under this act; || ( | c | ) "public interest disclosure" means specific disclosure by an individual || involving illegality, criminality, breach of law, miscarriage of justice,danger to public | | || health and safety and damage to environment and includes attempt to cover up such | | || malpractices in any governmental establishment, public or private enterprise; | | || 10 | | || ( | d | ) "whistle blower" means any individual making public interest disclosure || appointment | | || of designated | | || authority | | || 3 ( | 1 | ) the central government shall, within three months from the commencement of || this act, by notification in this behalf, appoint a designated authority for the purpose of | | || receiving and processing complaints on public interest disclosure under this act | | || 15 | | || ( | 2 | ) the designated authority shall have offices in the capital city of each state and || union territory in the country | | || 4 | ( | 1 || the designated authority in writing or in electronic form either in english or hindi | | || public interest | | || disclosure to | | || be made in | | || writing | | || ( | 2 | ) the designated authority shall keep the identity of the whistle blower secret: || 20 | | || provided that the whistle blower shall comply with all the instructions issued by the | | || designated authority in this regard to keep his identity secret | | || 5 | ( | 1 || protection by the designated authority in such ways and manner as may be prescribed | | || adequate | | || protection to | | || whistle | | || blower | | || 25 | | || ( | 2 | ) without prejudice to the generality of the provision in clause ( || include protection from departmental enquiry, criminal and civil liability, delay in promotion, | | || demotion harrassment, discrimination | | || 6 | ( | 1 || by it in any manner | | || action to be | | || taken on false | | || complaints | | || 30 | | || ( | 2 | ) the designated authority may on such verifications as may be necessary in this || regard cause such action to be taken against the complainant on false complaints as may be | | || prescribed | | || punishment | | || 7 | any person retaliating against a whistle blower shall be punishable with an | || imprisonment which may extend to five years: | | |provided that if the public interest disclosure by whistle blower happens to belong to the central or state public sector undertakings or corporate sector, the period of imprisonment for the person so retaliating may extend to ten years3519 of 19238 the provisions of the official secrets act, 1923 or any agreement or service conduct rules shall not be applicable to the whistle blowers in relations to public interest disclosuresnonapplicability of official secrets act, 1923 to the whistle blowers40overriding effect of the act9 the provisions of this act and the rules made there under shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force10 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 power to remove difficultyinconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this actpower to make rules511 the central government may, by notification in the official gazette make rules forcarrying out the purposes of this act statement of objects and reasonsthere is no denying the fact that corruption is rampant in our country be it government, public sector or private sector—everywhere, it has crept into the system it is so deep rooted and channelised that when a whistle blower tries to raise his voice against corrupt practices from within the system, his voice is scuttled and he is made to suffer because of his audacity for his outburst the instances of a whistle blower being fired, demoted, harassed or punished in other ways while the organization denies, ignores or quietly buries a disclosure are in abundanceit is true that under normal circumstances, an organization is entitled to total loyalty and confidentiality from its employees but when there is serious malpractice or when people's lives are at stake—as in cheating and corruption; defence deals; destruction of national wealth; conspiracy against state; encounters of innocent persons; toxic leaks from a chemical factory; non-adherence of safety standards in factories, mines and other establishments; false declarations by a company; the public interest demands that such an event be disclosed and the person showing courage for this should be protected rather than punished auditors, vigilance commissions, regulators, the press, society and courts all play an important role in checking the malpractices to some extent but it is difficult to lay hands on the inside information provided by the whistle blower even the recent right to information act, 2005 is not of much use in this regardfurther, there is the legal bar in the form of official secrets act and conduct rules in the public sector or a non-disclosure agreement in the corporate sector by which the employees are gagged from disclosing matters to the public on pain of incurring criminal or civil liability for any breach it is unreasonable to expect employees to sacrifice their jobs and future in order to protect the public interest a few daredevils may do it but the majority will not venture out in the area in trying to protect the whistle blowers, we will not only protect the society and ourselves but also serve as a deterrent to the government and other organizations in many countries, the laws relating to protection of whistle blowers have been enacted the uk's public interest disclosures act, 1998 is a fine piece of legislation providing protection to employees in public, private and non-public sectors including those working outside the uk sarbanes—oxley act of 2002 enacted by us congress granted sweeping legal protection to whistle blowers in publicly traded companies under this act, anyone retaliating against a corporate whistle blower can be imprisoned for 10 years with remedies available to the whistle blower include reinstatement, back pay with interest, compensatory damages, special damages, attorney fee and coststhe issue of protection to whistle blowers has assumed special significance in the light of the murder of national highways authority of india's deputy general-manager, shri satyandra dubey, who raised his voice against the prevalent corruption in awarding road building contracts under golden quadrilateral projects a few years back another brilliant officer of indian oil corporation, shri a manjunath, had to lay down his life for highlighting adulteration and mafia operations in the functioning petrol pumps there are numerous cases in our country which speak volumes of the need for such legislation even the law commission has recommended the need for a whistle blower protection act which will ensure transparency in the administration and will also provide a sense of security to the whistle blowerhence this bill financial memorandumclause 3 of the bill empowers the central government to appoint a designated authority to look into the cases of public interest disclosure from whistle blowers it also provides that the designated authority shall have offices in the capital of each state and union territory the bill, if enacted will involve expenditure from the consolidated fund of india to the tune of rupees fifty crorenon-recurring expenditure of rupees thirty crore will also be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill and the rules with relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for protection from criminal or civil liability, departmental inquiry, demotion,harassment and discrimination of whistle blowers, ie, the persons who bring tolight specific instances of illegality, criminality, corruption, miscarriageof justice, any danger to public health and safety in any government,public or private enterprise to an authority designated for thepurposes and matters connected therewith orincidental thereto————(shri vijay jawaharlal darda, mp) | Parliament_bills | e4c52276-6b16-5e34-80f7-7d3f36654e0a |
as introduced in the rajya sabhaon 27th april, 2007 bill no xxii of 2007 the destitute, indigent and neglected citizens (maintenance and welfare) bill, 2007 a billto provide for the due care, maintenance and welfare measures to be initiated by the statefor those citizens who are destitute, indigent, stricken with poverty or infirmity due to old age, incurable disease or physically challenged ones, and those who are without independent source of livelihood like widows, senior citizens, orphans and underprivileged children and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the destitute, indigent and neglected citizens (maintenance and welfare) act, 2007short 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) "authority" means the destitute, indigent and neglected citizens welfare authority established under section 3;(c) "destitute" in relation to a,—(i) male who may be physically challenged or unfit for gainful employment or suffering from incurable disease and without any independent source of livelihood or a senior citizen who has become infirm due to old age or chronic ailment and who has nobody to support him; and(ii) woman who may be a widow, divorcee or unmarried woman who has no relative to support her and who has no independent source of livelihood including livelihood of her minor children dependent on her or any woman stricken with infirmity owing to old age, physical deformity, ailment, mental imbalance and who lives uncared for; (d) "indigent" means a person who is stricken with poverty, without any means of livelihood or source of income and who subsists on alms received by him after begging;(e) "prescribed" means prescribed by rules made under this act; (f) "senior citizen" means any person who has completed sixty years of age; (g) "underprivileged children" means the deprived children with unknown parentage, abandoned, vagabond or loitering, rag pickers, and neglected children of pavement dwellers, sex worker, jail inmates, mentally ill or retarded women and who subsist on begging and petty offences;(h) "widow" means an adult female whose husband has died after her legal marriageestablishment of the authority3 (1) the central government shall, as soon as may be, by notification in the official gazette, establish an authority to be known as the destitute, indigent and neglected citizens welfare authority for the purposes of this act(2) the 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 and be sued(3) the headquarter of the authority shall be at jaipur in the state of rajasthan (4) the authority shall establish its branches in all the states and union territories at conspicuous places4 (1) the authority shall consist of,—composition of the authority(a) the minister-in-charge of the union ministry of social justice and empowerment — ex-officio chairperson;(b) a vice-chairperson with such qualifications as may be prescribed, to be appointed by the central government;(c) five members of parliament of whom three shall be from lok sabha and two from the rajya sabha to be nominated by the respective presiding officers of each house;(d) three members representing the union ministries of women and child development, planning and finance respectively;(e) 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;(f) three members to be appointed by the central government from amongst the non-governmental organisations working for destitute widows, senior citizens and underprivileged children (2) the term of office, remuneration and other facilities of the chairperson, vice- chairperson and members shall be such as may be prescribed(3) the authority shall follow such procedure for holding its meeting and the quorum for such meeting shall be such as may be prescribedfunctions of the authority5 (1) it shall be the duty of the authority to promote by such measures, as it thinks fit or appropriate, welfare measures for those citizens who are destitute, indigent, stricken with poverty or infirmity due to old age, incurable disease or physically challenged ones and for those who are without source of livelihood such as widows, senior citizens, orphan and underprivileged children covered under this act(2) without prejudice to the generality of the provisions of sub-section (1), the authority shall, —(a) maintain district wise register of the destitute, indigent and neglected citizens including the physically challenged ones, senior citizens, neglected women who may be widows, divorcee and who do not have anyone to support and the orphans and other street children;(b) work out plans and formulate schemes for the welfare of the citizens covered under this act;(c) establish adequate number of senior citizen homes for board, lodging and provision of necessary facilities of daily life for the needy senior citizens;(d) establish shelters or rehabilitation centres for the needy physically challenged citizens, orphans and street children and widows with provision of board, lodging and other necessities of daily life therein free of cost;(e) work out scheme to provide free medical aid and means of entertainment in the senior citizen homes and shelters and rehabilitation centres established under this section(f) take such other measures not inconsistent with the provisions of this act as the authority may deem necessary for the welfare of the citizens covered under this act6 the appropriate government shall, on the recommendation of the authority, provide the destitute women, indigent and needy senior citizens covered under this act, the following facilities namely:—(a) monthly allowance of two thousand rupees to every indigent and needy senior citizen in such manner as may be prescribed;facilities to the destitute women, indigents and senior citizens by the appropriate government(b) monthly allowance of two thousand rupees to every destitute woman and if such a woman has dependent children to support a monthly allowance of three thousand rupees in such manner as may be prescribed:provided that if any woman covered under this act either gets gainful employment or remarries, the facilities and monthly allowance being provided to her shall be discontinued and withdrawn from the date she gets the gainful employment or remarries as the case may be(c) residential accommodation wherever necessary, free of cost;(d) free educational facilities including technical and vocational education to the dependent children;(e) free medical care; (f) gainful employment; (g) vocational training and assistance for self employment; (h) such other facilities as may be necessary from time to timemiscellaneous provisions7 (1) notwithstanding anything contained in any other law for the time being inforce, the local police of every district headquarter shall keep a record of senior citizens, old widows and physically challenged ones residing within its jurisdiction in such manners and with such details, as may be prescribed(2) it shall be the duty of the area station house officer or any police officer who for the time being in charge of local police station or police post, as the case may be, to compulsorily,—(a) verify the character and antecedents of the domestic servant or domestic help engaged or provided to the senior citizen or lonely old couple or old widow or physically challenged citizen residing within his jurisdiction in such manner as may be prescribed; and(b) provide adequate security to the citizens referred to in para (a) above8 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the authority, from time to time, for carrying out the purposes of this actcentral government to provide fundsannual report of the authority9 the authority shall submit an annual report in such form and in such manner asmay be prescribed, of its activities of the welfare measures undertaken for the purposes of this act to the president of india who shall cause the report to be laid before both the houses of parliament along with action taken thereon by the central government as soon as it is receivedpower to remove difficulty10 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 difficultyact to have overriding effect11 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 for the time being in forcepower to make rules12 the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act statement of objects and reasonsthere are crores of destitute, indigent and neglected citizens consisting of widows, senior citizens, orphans and other underprivileged children, physically challenged ones and quite a large number of them live uncared for in our country they are stricken with infirmity particularly due to old age or physical deformity or serious and prolonged ailment and many of them suffer from mental imbalance majority of such citizens have no means to support themselves and they are ill treated by people at large unfortunately, the number of such citizens is increasing day by day in a welfare state like ours it is the solemn duty of the state to take care of such destitute, indigent and neglected citizens for this purpose an independent authority will have to be established with sufficient funds and this authority will be entrusted with the main function of formulating welfare schemes for such hapless citizens and implement them with sincerity and zealhence this billabhishek manu singhvi financial memorandumclause 3 of the bill provides for the establishment of the destitute, indigent and neglected citizens welfare authority clause 4(2) provides for remuneration and facilities to the chairperson, vice-chairperson and members clause 6 proivdes for certain facilities to be provided to the destitute women, indigent and senior citizens clause 8 makes it obligatory for the central government to provide adequate funds to the authority 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 ten thousand crore may involve as recurring expenditure per annuma sum of rupees five thousand crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 12 of the bill gives power to 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 due care, maintenance and welfare measures to be initiated by the state forthose citizens who are destitute, indigent, stricken with poverty or infirmity due to old age, incurable disease or physically challenged ones, and those who are without independent source of livelihood like widows, senior citizens, orphans and underprivileged children and for matters connected therewith or incidental thereto————(dr abhishek manu singhvi, mp)mgipmrnd—1762rs—27-04-2007 | Parliament_bills | e7ee979a-e7c6-5f87-9801-b8e1458e5c1b |
bill no 145 of 2015 the national food security authority bill, 2015 byshri rajesh ranjan, mp a billto provide for the constitution of a national food security authority for providing food security to citizens and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the national food security authority 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) "national authority" means the national food security authority constitutedunder section 3; and(b) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, constitute a national authority to be known as the national food security authority to exercise the powers conferred on, and to perform the functions assigned to it under this actconstitution of national food security authority(2) the national authority shall consist of,—5(a) a chairperson, who shall be a person having knowledge and professional expertise in the field of agriculture and food security;(b) not more than three members having experience in the field of agriculture, food, security management, economics, law or consumer affairs, to be appointed by the central government:10provided that if the powers of the national authority are vested in an individual, such individual shall be entitled to the same powers and functions and shall be assisted or provided with the same secretarial support and technical expertise as are available to the national authority consisting of more than one person under this act(3) the headquarter of the national authority shall be at new delhi15(4) the salary and allowances payable to, and other terms and conditions of the service of the chairperson and members of the national authority, shall be such, as may be prescribed(5) the national authority may appoint such number of officers and staff as it considers necessary for the efficient discharge of its functions under this act20(6) the salary, allowances and terms and conditions of service of officers and staff of the national authority shall be such, as may be prescribed4 the national authority shall—functions of the national authority25(a) collect and collate data regarding food consumption, food products andcropping pattern in different countries as well as in the different states of the country and prepare global inventory for food consumption, contaminates in food products and emerging risks;(b) advise the central government with regard to timing and modalities for tradein food products and inputs thereof;(c) suggest cropping pattern designed to meet consumer preferences fordomestic consumption as well as for exports to other countries;30(d) study and consider the impact of climate change on food production andrecommend measures to reduce the impact of climate change on food production;(e) advise the central government on linkages between food security and energysecurity; and35(f) perform such other functions as the central government may refer to it fromtime to timeannual report5 (1) the national authority shall prepare, in such form and at such time, in each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and submit a copy thereof to the central government40(2) the central government shall cause the annual report to be laid, as soon as maybe, after receipt of report under sub-section (1), before each house of parliamentpower to make rules6 (1) the central government may, by notification in the official gazette, make rulesfor 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 which45may 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 reasonsas a result of global warming, there is a drastic change in the climatic conditionsweather cycles are also changing agriculture productivity is on the verge of decline cost of agricultural production is rising because of rising cost of inputs besides, as a result of various factors, consumer tastes and preferences are also undergoing a drastic change hence, there is a need for constitution of a national food security authority to study and consider the impact and changes in global climate on food production and make appropriate recommendations to the central government to deal with the emerging situation particularly in the food security and energy security sectorshence this billnew delhi;rajesh ranjanapril 8, 2014 financial memorandumclause 3 of the bill seeks to provide for constitution of the national food security authority and it further provides for appointment of officers and staff of the authority clause 4 provides that the naitonal authority shall collect and collate date regarding food consumption pattern etc and also study and impact of climate change on food productionthe bill, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two hundred crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of rupees fifty crore will also 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 the rules will relate to matters of detail only and as such the delegation of legislative power is, therefore, of a normal character———— a billto provide for the constitution of a national food security authority for providing food security to citizens and for matters connected therewith or incidental thereto————(shri rajesh ranjan, mp)gmgipmrnd—379ls(s3)—30-04-2015 | Parliament_bills | c7ae935c-96bd-5eb5-8e61-5bf8d72e3409 |
the tourism promotion authority bill, 2016 byshri sunil kumar singh, mp————arrangement of clauses ———— clauses 1 short title, extent and commencement 2 definitions 3 declaration of areas having tourism potential as tourist destination 4 constitution of the tourism promotion authority 5 appointment of secretary, chief accounts officer and other staff of the authority 6 headquarters and other offices of the authority 7 meetings and procedure of the authority 8 vacancies not to invalidate proceedings of the authority 9 constitution of the tourism promotion authority fund10 objects of the authority 11 master plan for the development of tourist destinations 12 functions of the authority 13 acquisition of land for development of tourist destination 14 prior intimation of any development work by any local authority to the authority 15 central government to issue directions 16 accounts and audits 17 annual report 18 returns and inspections 19 authentication of orders and documents of authority 20 power to delegate 21 members and officers to be public servants 22 protection of action taken in good faith 23 power to delegate 24 power to remove difficulty 25 power to make rules bill no 227 of 2016 the tourism promotion authority bill, 2016 by shri sunil kumar singh, mp a billto provide for establishment of tourism promotion authority for the promotion of tourism in the country and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the tourism promotion authority act, 2016short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "authority" means the tourism promotion authority constituted undersection 4; and(b) "prescribed" means prescribed by rules made under this act3 (1) the central government may, if it is of the opinion that an area has tourism potential in view of its location, ancient or historical importance or natural beauty, it may, by notification in the official gazette, declare that area to be a tourist destination5(2) an area declared under sub-section (1) as tourist destination shall be developed by the authority as per international standardsdeclaration of areas having tourism potential as tourist destination4 (1) the central government shall, by notification in official gazette, constitute an authority to be known as the tourism promotion authority for promotion of tourism and development of tourist destinationsconstitution of the tourism promotion authority10(2) the authority shall be a body corporate, 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 authority shall consist of—| ( | a | ) | the minister-in-charge of the union | - chairperson, | ex-officio; ||---------------------------------------|-----|-----|----------------------------------------------------|---------------------|---------------|| ministry of tourism | | | | | || 15 | | | | | || 20 | | | | | || ( | b | ) | one person, whole-time member, to | - vice-chairperson; | || be appointed by the central | | | | | || government, having proven | | | | | || experience and expertise in the field | | | | | || of archaeology, country and town | | | | | || planning, architecture, heritage, | | | | | || conservation or law | | | | | || ( | c | ) | the secretary, union ministry of tourism - member, | ex-officio; | || ( | d | ) | the secretary, union ministry of culture | - member, | ex-officio; || 25 | | | | | || ( | e | ) | the secretary, union ministry of home | - member, | ex-officio; || affairs | | | | | || ( | f | ) | the director general, archaeological | - member, | ex-officio; || survey of india | | | | | || ( | g | ) | secretaries, department of tourism of | - members, | ex-officio; || the state governments | | | | | || 30 | | | | | || ( | h | ) | the member of the house of people | - member, | ex-officio; || whose constituency include any part | | | | | || of the tourist destination | | | | | || ( | i | ) | the municipal commissioner of the | - member, | ex-officio; || municipality concerned | | | | | || 35 | | | | | || ( | j | ) | the divisional commissioner of the | - member, | ex-officio; || division concerned | | | | | || ( | k | ) | not more than three persons to be | - members | || nominated by the central government | | | | | || 40 | | | | | |(4) the vice-chairperson and the nominated members shall hold office for a period of three years(5) the salary and allowances payable to and other terms and conditions of the vice-chairperson and other members shall be such as may be prescribed5 (1) the central government shall appoint the secretary and the chief accounts officer, respectively, of the authority in such manner as may be prescribed45(2) the secretary and the chief accounts officer shall exercise such powers and perform such duties as may be specified by the central governmentappointment of secretary, chief accounts officer and other staff of the authority(3) the central government shall provide such number of other officers and staff to the authority as may be required for its efficient functioning(4) the salary and allowances payable to and other terms and conditions of the officers and staff of the authority shall be such as may be prescribed6 (1) the headquarter of the authority shall be at new delhi5headquarter and other offices of the authority(2) the authority shall have its offices in every state capital or at such other places as it may deem fit for carrying out the purposes of this act7 (1) the authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of its business at its meetings, as may be prescribedmeetings and procedure of the authority10(2) when any member referred to in sub-clause (c) or (d) or (e) of section 3 is unable toattend a meeting of the authority for any reason, he may depute an officer, not below the rank of joint secretary, from his department to attend the meeting and such member shall have the right to vote158 no act or proceeding of the authority shall be invalid by reason of any vacancy in the authorityvacancies not to invalidate proceedings of the authority9 (1) the central government shall, by notification in official gazette, constitute a fund to be known as the tourism promotion authority fund(2) the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite sums to the fund for carrying out the purposes of this actconstitution of the tourism promotion authority fund2010 the objects of the authority shall be—objects of the authority(a) to promote and develop tourism; (b) to improve and strengthen the existing infrastructure in and around ancientmonuments, heritage sites and tourist destinations;(c) to develop new tourist destinations with all basic amenities;25(d) to co-ordinate, support and interact with other departments and agencies forstreamlining services and amenities in and around tourist destinations;(e) to provide safety and security to tourists; and (f) to facilitate and enhance the experience of the tourists3011 (1) the authority shall, as soon as may be, prepare a separate master plan for the development of each tourist destination(2) the master plan shall include—master plan for the development of tourist destinations(a) vision for the development of tourist destination; (b) measures both short term, and long term to promote and develop tourism;and35(c) measures to strengthen the existing infrastructure in and around touristdestination(3) the master plan of a tourist destination shall be published in at least one local newspaper having circulation in that area for inviting objections and suggestions from general public before such date as may be specified in the publication40(4) the authority shall, before finalizing a master plan, take into consideration all objections and suggestions made under sub-section (3)12 the authority shall—functions of the authority(i) prepare a calendar of activities including annual festival, melas, haats to be organised in each forthcoming financial year for the promotion of tourism at different tourist destinations;5(ii) advertise such activities as it considers necessary to promote tourism at different tourist destinations;(iii) interact once in three months with the stakeholders including representatives of the hoteliers, local authorities, police, archaeological survey of india and the tourism department of the state government concerned for proper co-ordination to develop and strengthen tourism infrastructure in and around tourist destinations in the area;10(iv) provide amenities at such rate and in such manner to the visitors as may be notified by the central government in this regard;(v) provide such other amenities as it may deem fit for the development of tourist destination;15(vi) recommend to the central government the measures to be taken for the development of tourist destinations;(vii) coordinate with the local authorities functioning in the area regarding any developmental work undertaken or to be undertaken in or around a tourist destination;20(viii) maintain a website containing all essential information regarding the tourist destination including hotels, monuments and heritage sites, tourist maps, help desk, district administration and tour operators with a view to provide necessary information and help to the tourists;(ix) levy and collect entry fee at such rate and in such manner, as may be prescribed, from visitors at tourist destinations; and25(x) issue such directions as it may deem necessary or expedient to meet the purposes of the act3013 notwithstanding anything contained in any other law for the time being in force, the central government may, on the recommendation of the authority and in consultation with state government concerned, acquire any land required for the purposes of development of a new tourist destination under this actacquisition of land for development of tourist destination14 (1) whenever any development work is to be carried out in or around any the tourist destination by any local authority, such local authority shall inform the authority in writing at least fifteen days before carrying out any development work along with the estimates of expenditure likely to be incurred on development work35(2) the authority shall maintain a register containing details of development works to be undertaken by the local authoritiesprior intimation of any development work by any local authority to the authority(3) any person, who intends to inspect the register maintained under sub-section (2), shall apply to the authority, in such form and manner as may be prescribed40(4) if, in the opinion of the authority, any proposed development work shall adversely affect the tourism potential of a tourist destination, the authority may, after giving an opportunity of being heard to the agency concerned, restrain such agency from carrying out any such development work15 the central government shall, from time to time, issue such directions to the authority, as may be necessary for carrying out the purposes of this actcentral government to issue directions45accounts and audits16 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as may be prescribed(2) the accounts of the authority shall be audited at such intervals as may be specified by the central governmentannual report5| 17 ||-------------------------------------------------------------------------------------------------|| manner, as may be prescribed by the central government, giving a full account of its activities || during the previous year, and copies of the report shall be forwarded to the central || government |(2) a copy of the report forwarded under sub-section (1) shall be laid, as soon as may be after it is received, before each house of parliamentreturns and inspections1018 (1) the authority shall furnish to the central government at such time and in suchform and manner, as may be prescribed, such returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of tourism, as the central government may, from time to time require15(2) the authority or any other officer authorized on its behalf, may call for reports and other information from the state government or any other agency, as may be required by it for the efficient administration of this act and it shall be incumbent for the state government or other agency concerned to furnish the information so required| 19 | all permissions, orders, decisions, notices and other documents of the authority ||------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|| shall be authenticated by the signature of the secretary to the authority or any other officer | || authorized by the authority in that behalf | || authentication | || of orders and | || documents of | || authority | || 20 | || power to | || delegate | || 20 | the authority may, by general or special order, direct that any power exercisable || by it under this act may be exercised by such officer or local authority in such cases and | || subject to such conditions as may be specified therein | || 25 | || 21 | the vice-chairperson, every member, officer and other employees of the authority || shall be deemed, when acting or purporting to act in pursuance of any of the provisions of | || this act, to be public servant within the meaning of section 21 of the indian penal code | |45 of 1860members and officers to be public servants protection of action taken in good faith22 no suit, prosecution or other legal proceeding shall lie against the authority or anymember, officer or other employees of the authority for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunderpower to delegate3023 the authority may, by general or special order in writing, delegate to thevice-chairperson or any member, officer of the authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act, as it may deem necessarypower to remove difficulty3524 (1) if any difficulty arises in giving effect to the provision 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 removal of the difficulty:provided that no such order shall be made after the expiry of a period of two years from the date of the 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 parliament40power to make rules4550| 25 | ( | 1 ||--------------------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| 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 rule | | | statement of objects and reasonstourism in india has shown a phenomenal growth in recent times there are still a large number of places in india which have got immense tourist potential, but unfortunately due to various reasons the potential can not be best utilized the meager number of inbound foreign tourists in comparison to other countries clearly establish the lack of proactive actions on our part we have grossly failed to market our tourist destinations, heritage monuments and sites aggressively whether nationally or internationally our existing tourist destinations lack facilities and amenities for the tourists and therefore, they do not experience a comfortable stay during their visitsthe directorates of tourism, both of the central and the state governments, could not also achieve the purpose of promoting tourism and developing the destinations as model tourist destinations undoubtedly, the promotion of tourism would enhance our prosperity besides increasing the avenues of employment we, therefore, urgently need the statutory bodies, which can have the full focus and powers to work in this sphere of tourismthe present bill, keeping in view promotion and development of tourism in the country, provides for—(i) establishment of tourism promotion authority for promotion and development of tourism;(ii) to improve and strengthen the existing infrastructure in and around tourist places, ancient monuments and heritage sites;(iii) to create and construct new permanent tourist destinations with all basic amenities;(iv) to motivate other departments and agencies for framing requisite schemes;(v) to take steps to promote tourist friendly activities; and (vi) to facilitate and enhance the experience of the touriststhe bill seeks to achieve the above objectives financial memorandumclause 4 of the bill provides for the constitution of the tourism promotion authority by the central government clause 5 provides for appointment of secretary, chief account officer and other staff of the authority clause 6 provides for headquarter and other offices of the authority clause 7 provides for meetings and procedure of the authority clause 9 provides for constitution of a tourism promotion authority fund clause 12 provides for the promotion of tourism through advertisement, maintaining of website and providing amenities for development of tourist destinations the bill, therefore, if enacted, would involve expenditure from the consolidated fund of indiaat this stage, it is not possible to give the exact amount to be incurred however, it is estimated that a recurring expenditure of about three hundred crore will be involved per annuma non-recurring expenditure of rupees three hundred crore is also likely to be involved memorandum regarding delegated legislationclause 25 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the matters will relate to detail only, the delegation of legislative power is, therefore, of a normal character———— abillto provide for establishment of tourism promotion authority for the promotion of tourism in the country and for matters connected therewith————(shri sunil kumar singh, mp)gmgipmrnd—2559ls(s3)—28-09-2016 | Parliament_bills | c106fb08-6652-5b6f-a2e7-24977f909247 |
clause 3 of the bill provides for the establishment of modern agricultural universities, implementation of a crop insurance scheme, agricultural farms at block level and modern, well-equipped veterinary hospitals, etc the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees two thousand crore from the consolidated fund of india, a non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 4 of the bill empowers the government to make 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 | 611dcdf7-0307-51c9-92b9-f37ce995e93f |
the indllstrial dlspu'res (banking companies) decision amendment hill, i9~8 p~--(as introduced in lok sabha) the industrial disputes (banking companies) decision amendment bill, 19~8 (as introduced in lok sabha)a bill further to amend the industrial disputes (banking companies) decision act, 1955 be it enacted by parliament in the ninth year of the republic of india as follows:-1 this act may be called the industrial disputes (banking short title, companies) decision amendment act, 1958 2 in the industrial disputes (banking companies) decision ameildment act, 1955, in section 3, after sub-section (4), the following sub- of 8ection 3· section shall be inserted, namely:-"(5) notwithstanding anything contained in the foregoing provisions of this section, the central government may, from time to time by notification in the official gazette, make in lieu of the adjustment of the dearness allowance recommended in clause 1 (e) of chapter xi of the report of the bank award commission, such adjustment thereof as it thinks fit for any period subsequent to the 31st december, 1957, with reference to the rise or fall, as compared to 144 (1944 0-100), of the average all-india cost of living index for any period immediately preceding that period; and upon the issue of such notification the adjustment of dearness allowance so made for any period shall be deemed to have been recommended in clause 1 (e) of the report of that commission: provided that any adjustment so made shall, so far as may be, bear to the rise or fall of the cost of living index the same ratio as is indicated between the adjustment of dearness allowance and the rise or fall of the cost of living index in the formulre recommended in that clause" statement of objects and reasonsthe bank award commission laid down certain formul;e for the adjustment of the dearness allowance payable to bank employees for variations in the cost of living index the formul~ provided for changes after intervals of six months and after a fall or rise of not less than ten points in the cost of living; index level i t has been represented on behalf of the employees that the interval of six months is too long a period further, a considerable amount of hardship is caused to the workers if the index level rises considerably, but does not actually reach ten points an agreement has been arrived at between the state bank of india and its employees to solve the above difficulties the two associations of banks are agreeable to follow suit the matter has been examined and it is proposed to vest the government with powers to modify the formulle within the ratio laid down in the original formulle of the bank award commission this bill seeks to give effect to this proposal i g l nanda new delhi; the 4t~ june, 1958 annexure extracts from the industrial disputes (banking companies) decision act, 1955 (41 of 1955)/: - - - - 3 (1) the appellate decision shall have effect as if the modifi- appdj he cations recommended in chapter xi of the report of the bank g~~:i~~~ award commission, dated the 25th day of july, 1955, had actually subjrct ~o been made therein, and the appellate decision as so modified shall !r:d~~:: be the decision of the appellate tribunal within the meaning of mended by the industrial disputes (appellate tribunal) act, 1950, and the ~:!d~maward shall have effect accordingly mission (2) notwithstanding anything contained in sub-section (1), the recommendations in chapter xi of the report of the bank award commission in relation to the banking companies incorporated in the former state of travancore-cochin specified in that chapter shall be modified and shall be deemed to have been modified-(a) with effect from the 1st january, 1955, in relation to the c class banks known as the south indian bank limited, trichur, and the catholic syrian bank limited, trichur, as if-(j) in clause (i) of the said recommendations-(i) under the heading "c class", after the entry "(viii), travancore' bank", the entries" (ix) , south indian bank, trichur" and" (x), catholic syrian bank, trichur", had been inserted; (ii) items (i) and (ii) under sub-clause (b) had been omitted; and (2) in clause (2) thereof, after the words "travancore bank", the words "the south indian bank, trichur, and the catholic syrian bank, trichur" had been inserted; lind (b) with' effect from the 1st january, 1956, in relation to the c class banks known as the palai central bank limited, palai, and the travancore forward bank limited, kottayam, and the d class banks, as if in clause (j) of the said recommendations, items (i) and (ii) under sub-clause (b) had been omitted (3) the arrears of emoluments payable to the workmen of the banking companies specified in sub-section (2) by reason of the modifications effected by that sub-section shall be paid as follows: --(a) in the case of the banking companies specified in clause (a) of that sub-section-(i) the arrears for the year 1955 shall be paid in two equal instalments of which the first shall be paid within thirty days from the commencement of the industrial disputes (banking companies) decision amendment act, 1957, and the second within six months after such commencement; and (ii) the arrears for the period from the 1st january, 1956, to such commencement shall be paid within thirty days thereof; (b) in the case of the banking companies specified in clause (b) of that sub-section, the arrears for the period from the 1st january, 1956, to such commencement shall be paid within thirty days thereof (4) for the purposes of this section, the expression "the former state of travancore-cochin" means the state of travancore-cochin as it existed immediately before the 1st november, 1956 - - - - - a bill further to amend the industrial disputes (banking companies) decision act, 1955 (shri gulzarilal nanda, minister of labour a12d employment and plannin,?) | Parliament_bills | b0baa332-85ba-5279-bd1a-e858a183d54a |
bill no lxix of 2012 the code of criminal procedure (amendment) bill, 2012 a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-third year of the republic of india as follows:— 1 (1) this act may be called the code of criminal procedure (amendment)act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette2 (1) in section 309 of the code of criminal procedure 1973, amendment of section 309 of act 2 of 1974(a) in sub-section (1) for the words "as expeditiously as possible" the words"within one year" shall be substituted;(b) in sub-section (1) after the existing proviso following proviso shall be inserted, namely:—"provided further that no such adjournment shall be granted more than three times to a party during hearing of the suit"5(c) in sub-section (2) the following proviso shall be inserted, namely:—"provided again that penal cost be imposed against the party who seeks and obtains adjournment during the trial which shall include the expenses incurred by the opposite party as well as the court, the expenses of the witnesses who have come for giving evidence and or rupees five lakh per adjournment after the maximum permissible limit of adjournments under sub-section (1) of section 309has been exhausted" statement of objects and reasonsindia has one of the highest court cases backlog which is seriously threatening the democratic setup and undermining the common law justice system number of cases are piling up every year to the point that there are 2,79,53,070 cases pending in various courts by the end of march, 2011 the right to speedy and a fair trial has been held as a fundamental right by the honorable supreme court but sadly, the situation has not improved the malimath committee which was formed in the year 2000 suggested that the adjournments should not be used as a tool for delaying the justice by the courts and recommended penal imposition to the party which demands adjournments the code of civil procedure, 1908 grants a maximum of three adjournments the consumer protection act, 1986 mandates that the verdict of a case should be pronounced within three to five months there is no limit to adjournments in criminal cases and this leads to delaying the case by filing frivolous adjournments the bill seeks to amend the section 309 of the criminal procedure codehence this billprakash javadekar annexure extracts from the code of criminal procedure, 1973 (2 of 1974)| | | | | | ||------|------|------|------|------|-----|powe power to postpone or adjourn proceedings309 (1) in every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded:45 of 1860provided that when the inquiry or trial relates to an offence under sections 376 to 376dof the indian penal code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of commencement of the examination of witnesses(2) if the court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:provided that no magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing:provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him provided also that—(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party;(b) the fact that the pleader of a party is engaged in another court, shall not be a ground for adjournment;(c) where a witness is present in court but a party or his pleader is not present or the party or his pleader though present in court, is not ready to examine or cross-examine the witness, the court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be explanation 1—if sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remandexplanation 2—the terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused rajya sabha————— a billfurther to amend the code of criminal procedure, 1973—————(shri prakash javadekar, mp)gmgipmrnd—4968rs(s4)—22-02-2013 | Parliament_bills | da6f2f1f-08ab-5280-9fcd-cd5ac1640b01 |
bill no xlii of 2014 the compulsory imparting of moral education in educational institutions bill, 2014 a billto provide for compulsory imparting of moral education in primary and secondary level of education in the country 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 compulsory imparting of moral education in educational institutions, act, 2014short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,— (a) "advisory council" means the council constituted under section (7); (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" includes any school whether nursery, primary, middle, secondary or senior secondary level, imparting education to child by whatever name such institution is called;(d) "moral education" means and includes education based on teaching of good principles and values cherished for years, ie regard and repute for elders, parents, teachers and guardians, etc setting reasonable standards of virtues and reinforcing discipline among students so that they can distinguish between right and wrong;(e) "prescribed" means prescribed by rules made under this act;53 from such date, as the central government may, by notification in the official gazette, specify, moral education shall be compulsorily imparted in all educational institutions upto secondary levelcompulsory in pasting of moral education upto secondary level104 the appropriate government shall, immediately after issuance of notification under section 3, issue directions for compulsorily imparting of moral education in all educational institutions, within its jurisdiction5 the appropriate government shall derecognize such educational institution, which does not comply with the provisions of section (3) after giving such institution a reasonable opportunity of being heardappropriate government to issue directions for compulsorily imparting moral educationderecognition of educational institutions156 subject to such rules as may be prescribed, the appropriate government shall appoint such number of teachers with such qualification as may be specified for imparting moral education to students upto secondary levelappointment of teachers for imparting moral education7 (1) the appropriate government shall, by notification in the official gazette, establish an advisory council in each district in such manner as may be prescribed20establishment and functions of advisory council(2) the council shall consist of such number of persons as may be prescribed which shall include persons having specialized knowledge of moral principles, values and experience of practicing morality(3) the council shall also frame schemes for providing:—25(a) involvement of media, non-governmental organization and other agencies in providing moral education in schools(b) incentives to the teachers imparting moral education and the students showing keen interest in learning morality as may be specified(c) coordination with the appropriate government and school authorities with a view to ensuring effective implementation of the provisions of the act308 the central government shall, after due appropriation made by law by parliament in this behalf provide adequate funds to the states for appointing teachers and other infrastructure required for the purpose of this actcentral government to provide fundsoverriding effect of the act359 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 rules10 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonswith the growing modernization, there has been a sharp decline in the moral values among students which were cherished and practised from the time immemorial in indian society india has been known for its morality and sense of respect for elders, teachers and the helpless there was a time when moral education used to be an essential component of the education system at gurukuls and such other centres as a result, pupils grew stronger both intellectually and spiritually and influenced society as well as the state by their significant contributions however, with passage of time, these great values lost their place and were replaced by so called modern values reflected by day-to-day brawls between teachers and students, disrespect to elders and cases of abandonment of old parents by their greedy sons a child learns from whatever he observes around and, therefore, society, parents and the state owe a duty to create an atmosphere in which children may have all round development moral education has become need of the day, as social values, which have been prevalent, have shown rapid fall materialism has eclipsed spiritualism and cases of moral degradation are on rise today, there is no dearth of the news items covering incidents of rape of a daughter by her own father, molestation and eve teasing of minor girls, killing of old parents by their own sons, threatening of teachers by their students, etc it is commonly said that future of a nation lies in the hands of children so, it becomes all the more important to instill in children a sense of respect for moral values right from the stage a child enters school preparing a conducive atmosphere to learn moral values will have salutary effect on minds of school going children and when they mature they can easily distinguish between the right and the wrong it is felt that voluntary action to promote moral values will not have the desired impact unless moral education is made a statutory requirement for all the educational institutionshence this billnarendra kumar kashyap financial memorandumclause 6 of the bill provides for appointment of teachers for imparting moral educationclause 7 of the bill provides for establishment of advisory council, which includes persons having specialized knowledge of moral principles, values and experience of practicing morality clause 8 provides that central government shall provide funds for the purposes of teachers and infrastructure the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees fifty crore will be required for the purpose non-recurring expenditure to the tune of rupees five crore will also be required memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of a normal character rajya sabha———— a billto provide for compulsory imparting of moral education in primary and secondary level of education in the country and for matters connected therewith or incidental thereto————(shri narendra kumar kashyap, mp)gmgipmrnd—4847rs(s3)—27022015 | Parliament_bills | aa672e96-fc7f-56af-aa97-bfc8ac52134b |
bid no 37 of i", the appropriation (railways) no·5 bill, 1963 a billto authorise payment and appr0pri4tion 01 certain further 8um~ trom and out of the consolidated fund of india for the service of the financial year 1963-64 for the purposes of railways be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 thi8 act may be called the appropriation (railways) no 5 shon tide act, 1963 " _ _,j , 2 from and out of the consolidated fund of india there may islue of - ' be paid and applied sums not exceeding those specified in column 3 rb 2'rs°th'ooo out 0 e of the schedule amountmg m the aggregate to the sum of two consolidated lakhs and fifty thousand rupees towards defraying the several r:cu: for the charges which will come in course of payment during the financial financial 10 year 1963-64, in respect of the services relating to railways specified 4' 1963-in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of ~pproprithe consolidated fund of india by this act shall be appropriated tlod for the services and purposes expressed in the schedule in relation j, to the aid year ~ 3 sums dot exceeding servicel and purposes voted charged on by the conaoli~ total s no of i ----vote i ~limcnt dated fund ----ri rs rs 10 2 miscellaneous expenditure i50,ooo t,50,000 is open line works- additions and replacements 1,00,000 r,oo,ooo total 250,000 :',50 ,000 , statement of objects and reasonsthe :8ill is introduced in pursuance of article 114 (1) of the cc:astitution 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 govfmldlent on railways for th ~ financial year 1963-64 swaran singh president's recommendation under article 117 of the constitution of india[copy of letter no 63-b-4017, dated the 9th august 1963 trom sardar swaran singh minister of railways to the secretary lok sabha] 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 1963-64 recommends under clauses (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 the introduction in and consideration by the lok sabha of the appropriation bill i-bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the service of the financial year 1963-64 for the purposes of railways (sardar swaran singh, minister of railways) | Parliament_bills | 35da3876-3d9f-58df-ba7b-d98e2a6f64ca |
bill no 194 of 2014 the citizenship (amendment) bill, 2014 a billfurther to amend the citizenship act, 1955be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the citizenship (amendment) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of section 557 of 19552 in the citizenship act, 1955 (hereinafter referred to as the principal act), in section 5,—(i) in sub-section (1),—(a) in clause (f), for the words "has been residing in india for one year", the words "is ordinarily resident in india for twelve months" shall be substituted;10(b) in clause (g), for the words "has been residing in india for one year", the words "is ordinarily resident in india for twelve months" shall be substituted; (ii) after sub-section (1), the following sub-section shall be inserted, namely:— "(1a) the central government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months specified in clauses (f) and (g) and clause (i) of explanation 1 of subsection (1), up to a maximum of thirty days which may be in different breaks"53 in the principal act, for sections 7a, 7b, 7c and section 7d, the following sections shall be substituted, namely:—substitution of sections 7a, 7b, 7c and 7d"7a (1) the central government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as overseas citizen of india cardholder—registration of overseas citizen of india cardholder(a) any person of full age and capacity,—10(i) who is a citizen of another country, but was a citizen of india atthe 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 becomea 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 territorythat 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; or (b) a person, who is a minor child of a person mentioned in clause (a); or20(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 or spouse of overseas citizen of india cardholder registered under clause (a) or spouse of a person of indian origin who is a citizen of another country and whose 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 overseas citizen of india cardholder, such spouse shall be subjected to prior security clearance from a competent authority in india:30provided 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 overseas citizen of india cardholder35 (2) the central government may, by notification in the official gazette, specifythe date from which the existing persons of indian origin cardholders shall be deemed to be overseas citizens of india cardholdersexplanation— for the purposes of sub-section (2), persons of indian origin cardholders mean the persons registered as such under notification number 26011/4/ 98 fi, dated the 19th august, 2002, issued by the central government in this regard407b (1) notwithstanding anything contained in any other law for the time beingin force, an overseas citizen of india 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 behalfconfirment of rights on overseas citizen of india cardholder45(2) an overseas citizen of india cardholder shall not be entitled to the rightsconferred 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 of 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 thesupreme court;5(e) under article 217 of the constitution for appointment as a judge of thehigh court;43 of 1950(f) under section 16 of the representation of the people act,1950 inregard to registration as a voter;43 of 195110(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 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 people act, 1951with regard to eligibility for being a member of the legislative assembly or a legislative council, as the case may be, of a state;15(i) for appointment to public services and posts in connection withaffairs 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 parliament20renunciation of overseas citizen ofindia card7c (1) if any overseas citizen of india cardholder of full age and capacitymakes in the prescribed manner a declaration renouncing the card registering him as an overseas citizen of india cardholder, the declaration shall be registered by the central government, and upon such registration, that person shall cease to be an overseas citizen of india cardholder25 (2) where a person ceases to be an overseas citizen of india cardholder undersub-section (1), the spouse and every minor child of that person registered as anoverseas citizen of india cardholder shall thereupon cease to be an overseas citizen of india cardholder307d 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 citizen of india card(a) the registration as an overseas citizen of india cardholder was obtainedby means of fraud, false representation or the concealment of any material fact; or(b) the overseas citizen of india cardholder has shown disaffectiontowards the constitution of india, as by law established; or35(c) the overseas citizen of india 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; or40(d) the overseas citizen of india 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; or45(e) it is necessary so to do in the interests 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 citizen of india cardholder, who has obtained such card under clause (d) of sub-section (1) 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 has solemnised marriage with any other person"5amendment of section 184 in the principal act, in section 18, in sub-section (2), after clause (ee), the following clauses shall be inserted, namely:—"(eea) conditions and restrictions subject to which a person may be registered as overseas citizen of india cardholder under sub-section (1) of section 7a;10(eeb) manner of declaractions for renunciation of overseas citizen of india card under sub-section (1) of section 7c;"5 in the third schedule to the principal act, in clause (c), the following proviso shall be inserted, namely:—amendment of third schedule15"provided that if the central government is satisfied that special circumstances exist, it may, after recording the circumstances in writing, relax the period of twelve months up to a maximum of thirty days which may be in different breaks" 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 deprivation of citizenship under certain circumstances2 the citizenship act has been amended, from time to time, inter alia, making enabling provisions for registration of overseas citizen of india cardholder, conferment of certain rights on such citizens, renunciation of overseas citizenship and cancellation of registration as overseas citizen of india cardholder3 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 citizens of india the proposed amendments, inter alia, provide for —(a) amendment of section 5 of the citizenship act, so as to,—(i) substitute the words "has been residing in india for one year" with the words" is ordinarily resident in india for twelve months" in clauses (f) and (g) of sub-section (1);(ii) insert new sub-section (1a) to enable the central government to relax the period of twelve months specified in clauses (f) and (g) and clause (i) of explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks; (b) substitution of sections 7a, 7b, 7c and 7d of the citizenship act to provide for—(i) registration of overseas citizen of india cardholder; (ii) confirmation of rights on overseas citizen of india cardholder; (iii) renunciation of overseas citizen of india card; (iv) cancellation of registration as overseas citizen of india card;(c) 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 qualification for grant of certificate of naturalisation by a period up to a maximum of thirty days which may be in different breaks 4 the bill seeks to achieve the above objectsnew delhi; haribhai parthibhai chaudharythe 19th december, 2014 memorandum regarding delegated legislationclause 4 of the bill empowers the central government to make rules to provide for—(a) conditions and restrictions subject to which a person may be registered as overseas citizen of india cardholder;(b) manner of declaration for renunciation of the overseas citizen of india card 2 the matters in respect of which rules may be made for 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 citizenship act, 1955 (57 of 1955) [10] m ccitizenship 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 registrationexplanation 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 overseas citizenships7a 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 behalfconference of 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, 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 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 subsection (1), every minor child of that person registered as an overseas citizen of india, shall thereupon cease to be an overseas citizen of india7d 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; orcancellation of 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 the third schedule[see section 6 (1)] qualifications for naturalisation the qualifications for naturalisation of a person are— (c) that he has either resided in india or been in the service of a government in india or partly the one and partly the other, through out the period of twelve months immediately preceding the date of the application; lok sabha———— a billfurther to amend the citizenship act, 1955————(shri haribhai parthibhai chaudhary, minister of state for home affairs)gmgipmrnd—3834ls—19122014 | Parliament_bills | de48efed-deb8-5d6e-a0dc-d9d6eadc0d13 |
the institutes or technology (amendment) bill) i963 a billto amend the institutes of technology act, 1961 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act maybe called the institutes of technology (amendmenrt) act, 1963 | short ||----------|| i\jld || com- || mence_ || ment |(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 69 of 1961 z in section 2 of the institutes of technology act 1961 (herein- amend_ after referred to as the principal act), after the words "the indian ~~!m~ institute of technology, bombay,", the words "the college of engi-10 neering and technology, delhi," shall be inserted 15 3 in section 3 of the principal act,-arqend_ ment of (a) in clause (c), after sub-clause (i), the following sub- section 3 clause shall be inserted, namely:-"(ia) in relation to the society known as the college of engineering and technology, delhi, the indian institute of technology, delhi;"; (b) in clause (j) after su'b-clause (i), the following subclause shall be insel1ted, namely:-"(ia) the college of engineering and technology, delhi;" 20 4 in section 4 of the principal act, after sub-section (1) the following sub-section shall be inserted, namely:-amendment of section 4 (ia) the college of engineering and technology, delhi shall, on such incorporation, be called the indian institute of technology, delhi" s amend dlent of section 12 5 in sub-section (3) of sectipn 12 of the princ'ipal act, for the word, brackets and letter "clause (c)", the word, brackets and letter "clauae (e)'~ shall be, and shall be deemed always to have been, substituted amendment of section 38 6 in section 38 of the principal act, in clause (b), for the words 10 "any academic council constituted in relation to any institute", the words "the staff committee constituted in relation to the college of engineering and technology, delhi and any academic council constituted in relation to any other institute" shall be substituted is colle~e of engineer-'1 notwithstanding anything contained in the delhi university act, 1922, or the statutes made thereunder, the college of engineer-8 of 1922 ing and technology, delhi, incorporated under this act, shall, on the commencement of this act, cease to be an "affiliated college" within the meanmg of clause (a) of section 2 of the delhi univer- 20 sity act, 1922, except as respect things done or omitted to be done before such cesser in~ and techno_ logy, delhi to cease to be at'll liatect collegeot university of delhi statement of objects and reasonspursuant to the recommendations of the implementation com-' mittee of the development plan of the delhi polytechnic, delhi, the college of engineering and technol'ogy, delhi, was set up and it admitted the first batch of students in 1961 the college was registered as a society under the societies registration act, 1860, with its administration vesting in an autonomous board 'of governors the college prepares students for the first degree in mechanical, electrical, civil and chemical engineering and textile technology of the university of delhi the college is fully financed by the central government 2 assistance for the establishment of the college' has been secured from the united kingdom; the british industries have agreed to make contributions for the supply of equipment to the college of the value of £ 250,000 and the government of uk will make available to the college the services of 10 professors under the colombo plan arrangements have also been made for the training of indian teachers of the college in uk universities and institutions 3 with the arrival of the british professors, the interest of the government of uk and the industrialists of that cquntry in the working of the college became more and more pronounced culminating in the desire on the part of both the indian staff and their british colleagues to develop the college into a first class technological institution 4 negotiations for securing further assistance for the college from the uk have led to an understanding that uk will increase the assistance from £250,000 to £600,000 for equipment and will make available services of five more professors and a,lso increase number of training facilities if india will take steps to ensure that the college would have the power to shape its own academic policies and courses; and further, the government of india would make adequate provision of funds for the c011ege to construct buildings to house the equipment to be supplied by uk 5 in the present conditions of the country, concerted efforts are required to be made for economic mobilisation and this involves training of large number of high grade technologists the scheme of the college may therefore be enlarged with advantage to enable it to function like the other four institutes of technology established by the centraf government in the country the college has already succeeded -in creating an atmosphere which instils in the minds of students a spirit of objective enquiry and a sense of purpose and is helping them develop a balanced and integrated personality 6 one of the important tasks of the college is to meet the present and future needs of industry and technology the broad objectives of the college are similar to the indian institutes of technology, kharagpur, bombay, madras and kanpur which are governed by the institutes of technology act, 1961, although in actual working, there will be difference of emphasis on separate fields, particularly at the advanced level the bill seeks (i) to retain the individuality of the college by declaring it an institution of national iiil\portance under article 246, read with seventh schedule, list i, entry 64 of the constitution, (ii) rename it as "in~iian institute of technology, delhi" and (iii) to bring it within the ambit of the institutes of technology act, 1961 the institute will have the power to grant degrees, diplomas and other academic distinctions as at present possessed by the four indian institutes of technology, kharagpur, bombay, madras and kanpur new delhi; humayun kabir the 8th april 1963 the bill seeks to declare the college of engineering and technology, delhi, as a body corporate, rename it as 'indian institute of technology, delhi' and bring it within the ambit of the institutes of technology act, 1961 2 the institute will maintain the departments covering various fields of science, engineering and technology for training of technical personnel finances, required by it for exercise of its powers and discharge of its functions, shall be payable by the central government in the shape of grants-in-aid each year at this stage, it is not possible to frame an accurate estimate of the man-power, equipment, etc, needed to enable the institute to exercise its powers and discharge the functions provided under the institutes of technology act, 1961, but, since the development of the institute will be according to the proposals that may be approved by the government, the funds, to be given will be for programmes so approved they will depend on the number of courses and departments that may be opened by the institute, as determined by the government, to fulfil its obligations to the needs of the nation the total outlay on the scheme is, however, expected to be of the order of rs 5·65 crores (excluding the cost of equipment to be received from the uk) and ultimate recurring grant from government will be of the order of rs 65 lakhs per annum 3 in the budget for 1963-64, a total provision of rs 90·42 lakbs (excluding the cost of equipment to be received from uk as gift) has been proposed funds to be made available in the subsequent years will be determined each year a provision of rs 250 lakhs was originally made in the third five year plan for the project however, the planning commission has agreed that the financial provision required during the plan period for the implementation of the project will be found by adjustment within the plan 4 the institute has been empowered to receive grants, gifts, donations, benefactions, bequests or transfers from private bodies or individuals 5 all monies placed at the disposal of the institute will constitute th~ fund of the institute and will not lapse at the end of the year it shall be taken into account in making funds available to the institute in subsequent years - - - ' - - chaprer ipreliminary - - - - - - z whereas the objects of the institutions known as the indiad declara institute of technology, bombay, the indian institute of technology, tion of certain in-kanpur and the indian institute of technology, madras are such as stitutions to make them institutions of national importance, it is hereby a,s mstitu_ declared that each such institution is an institution of national =~~l importance importance deftni-,tiona 3 in this act" unless the context otherwise requires,-- - - - - (c) "corresponding institute" means,-(i) in relation to the society known as the indian institute of technology, bombay, the indian institute of technology, bombay; (ii) in relation to the society known as the indian institute of technology (kanpur) society, the indian institute of technology, kanpur; and (iii) in ,relation to the society kn9wn as the indian institute of technology, madras, the indian institute of technology, madras; - - - - - - (j) "society" means any of the following societies registered under the societies registration act, 1860, namely:-21 of 1860 (i) the indian institute of technology, bombay; (ii) the indian institute of technology (kanpur) society; (iii) the indian institute of technology, madras; - - - - - - chapter n the institutesincorpora_ 4 (1) each of ~he institutes mentioned in section 2 shall be a tion ot body corporate havlng perpetual succession and a common seal institutes and shall, by its name, sue and,be sued (2) the body corporate constituting each of the said institutes shall consist of a chairman, a director and other members of the board for the time being (\f the institute - - - - - - 12 (1) - - - - - - termot office of (3) the term of office of a member nominated under clause (c) =~es of section 11 shall be two years from the 1st day of january of the and allow year in which he is nominated anees pay_ able to - - - - - - members otboard tranlli_ tionalpl'o-visions chapter iv miscellaneous 38 notwithstanding anything contained in this act,-- - - - - - (b) any academic council constituted in relation to any institute before the commencement of this act shall be deemed to be the senate c'onstituted under this act until a senate is constituted under this act for that institute; - - - - a billto amend the institutes of technology act, 1961 the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lot sabha the consideration of the bill - mnkaul, secretary (shri humayun kabir, minilter of scientific &search and cultural affairs) | Parliament_bills | 667865cd-8d2b-53fa-b505-161ca30a3e7d |
bill no 71 of 1981 the cine-workers welfare cess bill, 1981; a bill --to prodde for the levy and collection of a cess on feature films for tm 1inanring of activities to promote the welfare of certain cine-worker atld for matters connected therewith ~r incidental thereto be it enacted by parliament in the thirty-second year of the republlc of india as follows:-i: i: 1 (1) this act may be called the cjn~-workcrl welfare c act, 1981 ! " (2) it extends to the whole of india 5 , (3) it shall come into force on such date as the central government short title, extent and com mence- ment m~y, by notiftcntlon in the omcia! gazette; appoint dednitiodi 2 in this act, unless the context ot~erwile requires,-: (a) ''cinemntograph film" has th~ same meaning as in the cinematograph act, 1952; 3,7 of leu 10 i (ll) 'i'fcaturc film" means a fun length cinematograph film produced wholl)' or partly in india with 0 'format and ii story woven ", ' ~round a numher of characters where the plot is revealt'd mainly through dialol!'ues and not wholly through narration, animation or cartoon df'plctlon pnd df)('s 110t tnc'lurle cu, advcrtb('ment fllm; r, (c) "prescribed" mel", pre8crl~ by rules made \ulder th act 3 (1) with cffect from such datc as the central government may, by notification in the officiul gazette, opi,oint there mholl bo levied and collected u~ ii ce~h fflr tho iultl10;('14 of tho cine-work,·f" welluf" fund ad, imh, u duty of excise ut tho rllte of one thomlllnd rui'l~ell on cv,~ry fcuture film c(~rtified for puhlic exhibition under section 5a of tho cinomatolcrnph act, 1952 t2) the duty of excise levied under sub-section (1) shall be in addition to any cess or duty leviable on cinematograph films under any other law for the time b(:ing in force 4 the duty of excise l~vied under section 3 on any feature film shall 10 be payable to the c cntral government by the producer of such fum within a petiod of one month from the date of inotice of demand issurd i by that government for such payment ! - payment of duty of excise i 1 5 the proceeds or the duty of exci~e levied iunder section 3 hall be credited to the consolidated fund of india i' 15 cre41ting proce~ i :\tyto consou-dated fund of india power of ~entral government to exempt i i i 6 notwithstanding anything contained in ihis act, if the central government, having regard to the content of a rcpture film, its technical quality and other factors, is of opinion that it i is necc'ssary so to do, it may, by notification in the official gazette and ~ubject to such terms and conditions as may be specified in the said no~fication, exempted such 20 feature film from all or any of the provisions ~f this act i 7 if any duty (if excise pnyable by the producer of a feature film i to the central government unrlcr section 4 is nut ipaid to that government within the period !lpccjfied thereunder, it shall be deemed to be in arrears nnd the aulhority prescribed in this behalf may, after such 25 inquiry nr it deems fit: impose on the producer, a penalty not exceeding fiffy rupcer for every month during which the duty of exciso is in , llrrct\rs: , i plnalty fljr rionpayment of duty of excise within the prcscrlb-c!d period provided thnt hdore impn~inr :my ruch p(!onlty, hlich prnrillrrr "hnll be hlven 8 f(,iisoiwblu opportunity ur being hcurd nnd, it oltt'r ruch 30 hearing the said authority is satisfied th:lt the default was for nny good and sufficient reason, no penalty shall be imposed under thill section recovery of amounts duo 8 any amount due unde'r this act (lncbding the }'x'nnlty, ft any, payable under section 7) from any producer of a feature fllm may be recovered by the central government in the same mnnnqr tl8 an arrear 3' ' ot land ruvcnuc ~~er~~otoctlonof aetion taken p no suit, prosf'cuuon or othl'r ]egn] proceeding shall lie agalnat the central government or any officer or other employee ot tho central government for anything which is in good faitp done or intended to be done under this act or the rules made thereunder ; , i in lood i-- 'jith 10 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act power tc to make mel (2) in particular and without prejudice to the generality of the foregoing power, such rules may prov~de for-s (a) the assessme~t and collc:ction of the duty of excise under section 3,· i i (b) the a,tthority which may impo5c any peualty under section 7' , (c) any other matter which is required to be, or may be, pres-10 cribed : (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 iii in ges~ioll, for a total period oc thirty days which may bo ('omprised in one session or in two or more successivc 'sessions, and if, before the expiry 1,5 of the session immediately following the session or the successive seso;ions aforesaid, both houses am-ee in mnkin;:r :my modification in the rule or both houses llf!rce th:lt the rule should not be made, the rule shru 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 20 annulment shall be without prejudice fct the validity of anything pr~ vlously done under that rule statement of objects and reasonsl~ine artistes, like artistes in other performing arts, wither owing to changes in style and trends or due to ageing there are cases where great artistes, who once enthralled the populajce with their creative talents, have fallen into utt~r poverty and dist~ess in order to provide essic;tance in cases of extreme hardship, it is : proposed to establish a welfare fund for this purpose, it is proposed to levy as a cess, a duty of excise at the rate of one thousand rupees on; every fe:ltur~ film c€ rtitied for public exhibition under section 5a of l the cinematograph act, l!)52 tile chjty of excise to be levi,~ shall ~ in odclluon to any eea or duty leviable on ~ cinematograph films under any other law for the time> being in force·~ i the 3~;s to achieve the above object"} new deun; the lstma'll, 1981 vasan'l' sathe phesident's recommendation under article 117 of the cosntitution of indialcopy of letter no 3/3/74-fpc vol iv, dated the 30th aqril, 1981 from shri vasant sathe, minister of information and broadcasting to the secretary lok sabha] the president having been informed of th~ subject matter of the cine workers weuare cess bill, 1981 hereby recommends unrler article 117 (1) and (3) of the constitution, the introduction in and consideration by lok sabha of the said bill clause 3 of the bill provides for the l~vy and collection of a welfare cess as a duty of excise at the ratc of one thoufmnd rupees on every featur~ film certified for public exhibition under sectjon 5a of the cinematograph act, 1952 clause 10 (2) (a) of the bill provides lor the asscil8-mcnt un,l collection oc such duty of excisq and undt!r lhla prllvihion, rule wlil be mude to provide, inter aha for the machinery lor tho uii8ciismcnt and cullection of the cess for this purpose, it will be nccest ary to provide a skeleton machinery at the fum centrel where the regional omcn of tho dollret cit jo1hm conhorll arc loc'otod the expenditure on account of such machinery is not likely to exceed rupees forty thousand per annum [in this connection, it may be mentioned that the total collection of cess with reference to the number of feature films produ'ced is estimated to be of the order of ri 750 lakhs, per annum] the bill does not involve any other expenditure whether of a recurring or don-recurring nature i memorandum regarding delegated legislationclanse lei ~f the bi114!'mpowers the c~tr'l govct'nrnent tc> make rules for carrying out the provisions of the proposed legislatfon the rnllttets in tespeet of which such rules may be made relnte to the dsst!sml~t and col1cctiun oif the duty of cxci!le, the authority which may impose! any pen-ajty in eases where the cess payable is in arrears and any other matter which is reqtlircd to be ar may be prescribed by rulh uncle-to the legislation the matters wfth tc!spcct 'to which rules may be tmt'je 'are matters of proeedure 'or t\etail 2 the delegation of legislative power, is, therefore, of a normal ~ : , " i ,": ',l, ')"1 , i | Parliament_bills | 2fadb8b2-3671-5cdf-a1cc-30c1d4830c69 |
bill no 52 of 2007 the national rural employment guarantee (amendment) bill, 2007 byshri hansraj gangaramji ahir, mpa billto amend the national rural employment guarantee act, 2005be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the national rural employment guarantee (amendment)act, 2007short title and commencement statement of objects and reasonsthe national rural employment guarantee act, 2005 is being implemented in the selected districts of the country wherein every household in rural areas is being provided with unskilled manual work for not less than one hundred days in a financial year under section 6(1) of the chapter iii of the act, the wages has been fixed at not less than rupees 60 per day any worker who is provided with work for one hundred days in a financial year can earn a maximum wages of rupees six thousand only it means that the family of the worker would be living only with rupees five hundred per monthkeeping in view the rising prices of essential commodities and changing lifestyle, it is virtually impossible for any household to have a decent standard of living on a monthly income of five hundred rupees it is imperative to increase this amount it is impossible to ensure nutritious diet etc at such a meagre wages for the poor families of agricultural workers, tribals engaged in agricultural work for want of nutritious diet, 75 per cent of children are underweight in the country further, in the absence of nutritious diet, the rural populace is becoming victim to infectious diseases hence, the wages provided under the national rural employment guarantee act, 2005 appears meagre and there is an urgent need to increase the wages so as to enhance their purchasing power and intake of nutritious food in order to enable a respectable livelihood and an increase in the intake of nutritious diet of the rural household, it appears reasonable that the daily wages be fixed at least at rupees one hundred fifty per day under this acthence this billnew delhi;hansraj gangaramji ahirapril 18, 2007 financial memorandumclause 2 of the bill provides for increasing the daily wages from rupees sixty to rupees one hundred fifty the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees ten thousand crore a non-recurring expenditure of about rupees fifty crore is also likely to be involved annexure extract from the national rural employment guarantee act, 2005 (act no 42 of 2005) chapter iii wage rate11 of 19486 (1) notwithstanding anything contained in the minimum wages act, 1948, the central government may, by notification, specify the wage rate for the purposes of this act:provided that different rates of wages may be specified for different areas: provided further that the wage rate specified from time to time under any such notification shall not be at a rate less than sixty rupees per day lok sabha———— a billto amend the national rural employment guarantee act, 2005————(shri hansraj gangaramji ahir, mp)mgipmrnd—1814ls(s1-2007)—07052007 | Parliament_bills | e1e60d55-9003-5044-af3c-3c96d85e52f9 |
bill no 94 of 2014 the constitution (scheduled castes) orders (amendment) bill, 2014 a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution (sikkim) scheduled castes order, 1978be 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 (scheduled castes) orders (amendment)act, 2014co 192 in the schedule to the constitution (scheduled castes) order, 1950, —5(a) in part viii— kerala,–(i) for entry 46, substitute,—amendment of constitution (scheduled castes) order, 1950 "46 palluvan, pulluvan";(ii) for entry 61, substitute,–10"61 thandan (excluding ezhuvas and thiyyas who are known as thandan, in the erstwhile cochin and malabar areas) and (carpenters who are known as thachan, in the erstwhile cochin and travancore state), thachar (other than carpenter)";(b) in part ix— madhya pradesh, for entry 18, substitute,– "18 dahait, dahayat, dahat, dahiya";(c) in part xiii– orissa,– (i) for " orissa", substitute "odisha"; (ii) for entry 2, substitute,–5 "2 amant, amat, dandachhatra majhi, amata, amath"; (iii) for entry 13, substitute,– "13 bedia, bejia, bajia"; (iv) for entry 41, substitute,– "41 jaggali, jaggili, jagli";10 (v) for entry 69, substitute,– "69 pan, pano, buna pana, desua pana, buna pano";(d) in part xvii–tripura,– (i) for entry 4, substitute,– "4 chamar, muchi, chamar-rohidas, chamar-ravidas";15 (ii) for entry 7, substitute,– "7 dhoba, dhobi"; (iii) for entry 12, substitute,– "12 jalia kaibarta, jhalo-malo"co 110203 in the schedule to the constitution (sikkim) scheduled castes order, 1978, entry 3shall be omittedamendment of constitution (sikkim) scheduled castes order, 1978 statement of objects and reasonsin accordance with the provisions of clause (1) of article 341 of the constitution, six presidential orders were issued specifying scheduled castes in respect of various states and union territories these orders have been amended from time to time by acts of parliament enacted under clause (2) of article 341 of the constitution2 the state governments of kerala, madhya pradesh, odisha, tripura and sikkim have proposed for certain modifications in the list of scheduled castes, by way of inclusion of certain communities in the case of first four states and exclusion of an entry in the case of sikkim the registrar general of india and the national commission for scheduled castes have conveyed their concurrence to the proposed modifications3 in order to give effect to the above changes, it is necessary to amend the following two constitution (scheduled castes) orders, namely:—(i) the constitution (scheduled castes) order, 1950, in respect of kerala, madhya pradesh, odisha and tripura; and(ii) the constitution (sikkim) scheduled castes order, 19784 the bill seeks to achieve the aforesaid objectivesnew delhi;thaawar chand gehlotthe 5th, august, 2014 financial memorandumthe bill seeks to include certain synonymous communities in respect of entries in the list of scheduled castes for the states of kerala, madhya pradesh, odisha and tripura this will entail some additional recurring and non-recurring expenditure on account of benefits of schemes meant for the development of the scheduled castes to which the persons belonging to the newly added communities will become entitled, as a result of this bill2 it is not possible to estimate with any degree of precision the likely expenditure which would have to be incurred on this account due to non availability of caste-wise data annexure extracts from the constitution (scheduled castes) order, 1950 (co 19) part viii—kerala 46 palluvan 61 thandan (excluding ezhuvas and thiyyas who are known as thandan, in the erstwhile cochin and malabar areas) and (carpenters who are known as thachan, in the erstwhile cochin and travancore state) part ix—madhya pradesh 18 dahait, dahayat, dahat part xiii—orissa 2 amant, amat, dandachhatra majhi 13 bedia, bejia 41 jaggali 69 pan, pano, buna, pana, desua pana part xvii—tripura 4 chamar, muchi 7 dhoba 12 jalia kaibarta (co 110) the schedule 3 majhi (nepali) ———— a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution(sikkim) scheduled castes order, 1978———— | Parliament_bills | 8307d7e0-d99c-5201-83a4-343c51a0bbdb |
bill no 331 of 2015 the persons belonging to economically weaker section (reservation of vacancies in posts and services) bill, 2015 by shri rahul shewale, mp a billto provide for reservation of vacancies in posts and services in establishments under the central government in favour of persons belonging to the economically weaker section and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions5(a) "establishment" means an establishment which is owned, established,controlled, managed or financed by the central government and includes—(i) a ministry or department or subordinate office or attached office of thecentral government;(ii) a public sector undertaking or statutory authority constituted under anycentral act;10(iii) a corporation in which not less than fifty-one per cent of the paid-up sharecapital is held by the central government;(iv) a government company as defined under clause (45) of section 2 of thecompanies act, 2013; and18 of 2013(v) an autonomous body, organisation or institution receiving grant or aid fromthe consolidated fund of india;15(b) "person belonging to economically weaker section" means a person whoseannual income does not exceed rupees six lakhs per annum and is not covered under any of the scheme of reservation and who does not belong to the scheduled castes, the scheduled tribes or the other backward classes; and20(c) "prescribed" means prescribed by rules made under this act3 (1) there shall be reserved such percentage of posts, not below ten per cent of total posts in every establishment, for persons belonging to economically weaker section for appointment in civil services by direct recruitment(2) the vacancies reserved for the persons living below poverty line under sub-section (1) shall be filled in such manner as may be prescribed25reservation of posts in establishments for persons belonging to economically weaker section over-riding effect of the act4 the provisions of this act shall have effect notwithstanding anything contained in any other law for the time being in force or any judgement, decree, order or direction of a court to the contrary regarding ceiling on reservationpower to make rules305 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the 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 reasonsat present, reservation is provided to persons belonging to certain castes and tribesthough it is an historical fact that the persons belonging to the scheduled castes and the scheduled tribes were oppressed for centuries, yet, now with the constitutional guarantee of reservation in services under the state and other welfare schemes by the successive governments, their standard of living has improved to some extenthowever, the persons belonging to economically weaker section with no assistance or security from any government are living in a miserable condition they cannot afford higher education therefore, it is proposed to provide for reservation of vacancies in posts and services in establishments under the central government in favour of persons belonging to the economically weaker sectionhence this billnew delhi;rahul shewale november 13, 2015 memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to the matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for reservation of vacancies in posts and services in establishments under the central government in favour of persons belonging to the economically weaker section and for matters connected therewith————(shri rahul shewale, mp)gmgipmrnd—3023ls(s3)—09-12-2015 | Parliament_bills | 3bcbcd3f-b7f5-5aee-bb69-c60ff5a5e748 |
bill no 119 of 1970 the coal bearing areas (acquisi tion and development) (amendment and vali- da tion) bill, 1970 a billfurther to amend the coal bearing areas (acquisition and development) act, 1957 and to validate certain acquisitio'/w of land or rights in chover land under the said act bb it enacted by parliament in the twenty"fir&t year of the republic of india as follows:-,,' t, , 1 this act may be called the coal bearing areas (acquisition and short uue development) (amendment and validation) act, 1970 z in section 8 of the coal bearing areas (acquisition and develop-amend-20 of 1867 5 ment) act, 1957 (hereinafter referred to as the principal act), in subment of section (2), for the word 'submit the case fot the decision of the censection 8 tral government together with the record of the proceedings held by him and a report containing his recommendations on the objections", the 10 words, brackets and figures "either make a report in respect of the !and which has been notified under sub-section (1) of section 7 or of rights in or over such land, or make different reports in respect of different parcels of such land or of rights in ot over such land, to the central government, containing his recommendations on the objections, together i, with the record of the proceedings held by him, for the decision of that government" shall be substituted 3 in section 9 of the principal act,-(a) in sub-section (1) ,-amendment ot section 9 ~ (i) after the words "made by it to that effect", the following shall be inserted, namely:-", and different decorations may be made from time to s time in respect of different parcels of any land, or af rights in or over such land, covered by the same notification under sub-section (1) of section 7, irrespective of whether one report or different reports has or, have been made (wherever required) under sub-section (2) of section 8"; 10 (ii) for the words "provided that, where the declaration", the following shall be substituted, namely:-"provided that no declaration in respect of any particular land, or rights in or over such land, covered by a' notification under sub-section (1) of section 7, issued after the com- is mencement of the coal bearing areas (acquisition and development) (amendment and validation) act, 1970, shall be made after the expiry of three years from the date of the said notification: provided further that, where a declaration"; (b) in sub-section (2), for the words "the declaration", the words "every dec'lal'ation" shall be substituted amend-4 in section 13 of the principal act, after sub-section (5), the folment ot lowing sub-section shall be inserted, namely:-section 13 ii (5a) in determining the amount of compensation for any land 2$ acquired under section 9, any increase to the value of the other land of the person interested, likely to accrue from the use to which the land acquired will be put shall not be taken into consideration", 5 in section 14 of the principal act, after su'b-section (7), the following sub-section shall be inserted, namely: -30 amendmentor section 14 "(8) the tribunal, in the proceedings before it, shall have' ad the powers which a civil court has whue tryfng a iiilit under ttie code of civil procedure, 1908, in respect of the following matters, namel1'!-- of 1808 (i) eummoning and enforcing the attend8nee of any person and examining him on oath; 3' (ti) requiring the discovery and production of ally document; (iii) reception of evidence on affidavits; (iv) requisitioning any public record from any court or office; and (v) issuing commissions for ~xamination of wttnesses" in section 17 of the principal act, in sub-section (2), for the second amend proviso, the following provisos shall be substituted, namely: _ ment of section 17 "provided further that every person who claims to be an interested person (whether such person has been admitted to be in-s terested or not) including the person referred to in the preceding provijo hall be entitled to prefer a claim for compensation before the tribunal: provided also that no pcr::;on who has received the amount other-'wise than under protest shall be entitled to prefer any such claim 10 before the tribunal" 7 after section 18 of the principal act, the following section shall be inserted, namely:-is insertion of new sectior 18a payrrent to-state governments in lieu of royalty 20 uj8a notwithstanding anythine contained in this act, where iii1y land or any rights in or over limd belonging to a state government (dther than the ri,hts under a mining lease granted or deemed to have beeb granted by the state government to any person) vest in the central government under section 10 or in a government company under section u, the central government or the compad7, as the case may be, may pay to the state government such sum of mone), as would have been payable ,as royalty by a lessee had iiich land or ri,hts been under a minin, lease granted by the state governdjellt " - (1) notwithitanding any judgment, decree or order of an~ court validatio!l to the qcmtrary,--' - of certain acquisitiolul, (a) no acquisition of land or 'of rights in or over land made or purporting to have been made under the principal act before the c:ommenoement of this act, and no action taken or thing done (including any order made, agreement entered into or notification published) in connection with such acquisition shall be deemed to be invalid or ever to have become invalid merely on the ground-(i) that one or more competent authorities have performed the functions of competent authority under the principal act in respect of the land covered by the same notificati'on under subsection (1) of section 7 of the principal act; 35 (ii) that one or more reports have been made under subsection (2) of section 8 of the principal act, whether in respect of the entire land covered by the same notification under subsection (1) of section 7 of the principal act or rights in or over such land, or in respect of different parcels of such land or of fights in or over such land; (iii) that one or more declarations have been made under section 9 of the principal act in respect of different parcels of the land covered by the same notification under sub-section (1) of section 7 of the principal act or in respect of rights in or over such land; (b) any acquisition in pursuance of any notification issued under sub-section (1) of section 7 of the principal act before the commencement of this act may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into or notification puwshed) whe-s ther before or after such commencement, in connection with such acquisition shall be deemed to be invalid merely on the grounds re ferred to in clause (a) or any of them (2) notwithstanding anything contained in clause (b) of suh-lection (1), no declaration under section 9 of the principal act in respect of any 10 land, or rights in or over such land, which has been notified before the commencement of this act, under sub-section (1) of section 7 of the principal act, shall be made after the expiry of two years from the commencemen t of this act (3) where acquisition of any particular land (not being acquisltioll of 's richts in or over such land) covered by a notification under sub-sec:tioa (1) of section 7 of the principal act, issued before the c:ommencement of this act, is or has been made in p~uance of any declaration under section 9 of the principal act, whether made before or after such commencement, and such declaration is or has been made after the expiry 20 '1[ three years from the date ,of issue of such notification, there shall be illd simple interest, calculated lit the rate of six per centum per annum on tile market value of such land, as determined under sub-seetiod (5) 01 sedion 13 of the principal act, from the date of expiry of the sald period of three years to the date of tender of payment of compensation 25 (ayali;l~ foi the acquisition of such land: provided that no such interest shan be payable for any period during - which the proceedings for the acquisition of any land were held up on account q'f stay or injunction by order of· a court: provided further that nothing in this sub-section shall apply to the 30 acquisition of any land where the amount of compensation has been paid to the persons interested before the commencement of this act the coal bearing areas (acquisition and development) act, 1957 (20 ~f 1957) (herem after referred to as the coal bearing areas act) provides ~nter ~hq for the acquisition by the central government of virgin lands, mcl1lclilli wldergrowld minerals, or rights in or over such lands under' t~e explana:cion to clause (a) of sub-section (5) of section 13, which provides that the value of any minerals lying in the land will not be taken into consideration in determining the market value of any land, no compensation is payable to the state governments in respect of the underground·minerals which also vest in the central government when the land is acquired by the central governmept the state governments have been representing from time to time that this results in their being deprived of large sums by way of revenue the central government has considered the representations of the state governments and ha::r decided that the state governments should be paid purely on an ex-gratia basis such sums a$ they would have been entitled to receive by way of royalty, had mining leases been granted in respect of the areas acquired it is now proposed to amend the coal bearing areas act to make such paym'ents obligatory 2 sections 4 to 9 of the coal bearing areas act deal with the pr0cedure for acquiring coal bearing areas ~der the act briefly stated, the procedure envisages a preliminary notification respecting intention ot the government to prospect for coal on land in any locality, a second notification of the intention of the government to acquire the whole or any part of the land or any rights in or over the land after satisfying itself that coal is obtainable therein and a declaration, after considering objections to "the second notification, that the land or any rights in or over the land should be acquired this procedure is for all material purposes similar to the procedure provided under the land acquisition act, 1894, as it· stood before it was amended in 1967 the supreme court had, in state of madhya pradesh vs vishnu prasad sharma, air 1966 sc 1593, held that under the relevant provisions of the land acquisition act, it was not permissible for government to acquire by stages any land in respect of which it had notified its intention to acquire the land acquisition act was am'ended,in 1967 to overcome the effect of the decision of the supreme court and to render possible acquisition of land by stages as also to validate such acquisitions made in the past under the coal bearing areas act also acquisition of land has been made by stages in several cases in the past and it wowd be convenient if government has the pow~ to acquire· land by stages because that would 'enable government to acquire only 10 much of the land as it may be in a position to exploit without delay and leave the remaining land with the owner till such time as the governnl'ent is iri a position to exploit the same it is, therefore, proposed,to amend the coal ,bearing areas act on the same lines on which the land acquisition (alnenc:tment and validation) act, 1967, amended the land acquisittad act 1894 and also to validate past acquisitions of land , , 3 it is proposed to avail of the present opportunity to make certain crther amendments to remove lacunae disclosed during the actual workinl of the coal bearing areas act these amendments are-(a) for provicling (on the same lines as the sixth clause of section 24 of the land acquisition ad, 1894) that any inerease to the value of the other land of the owner likely to accrue from the use to which the land acquired will be put shall not be taken into consideration in 881~ the compensation payable under aection 13 of the act; (b) for investing the tribunal, constituted under section 14 of the act fot' detemrining compensation payable in any cue, w'fth pflwei'b til - etril co'dl'tin respect of matters like summoning and enforcmg·u attendance of any person and examining on oath, etc; and (c) for enabling every person who elaims to be penon ~ in cempensation (not being a person who hu received tbealqllu,d& othetwiae than wlder protest), to prefer an application before the tribunal 4 thie bill seeks to achieve the above objects new da;m; tm ltth awgast, 1970 pnstoen't's recommmdation unm!r arttcle 117 of the constitutton of india(c~y of lette!' no c3-0(1) 17opt, dated 'the 6th nov8lllberr l97t 1rma shrt :hititaj sfngh chanei'iuify, minister &f state·in the mtaiatey ofpeta leum imd che~ mld mines and metals to the seuetuy lok ~naa ~ thepftsd~ havide ee lnfonned of t1ie aubj8ct matler of the but farther to ameaa ule coal bearing areall ,acquisition and developme~) act, 1967 iud to 'falidate eutain acquiaitiona of land or ri,glata in or over l8iiij 1u1derthe sakl aet, ·:reeommedds introductiollof ute bid in t1ae lok sabha under clause (j)of article 117 and its consideratiol1 under clau8e (3) of article 117 of the constitution -clause 7 of the coal bearing areas (acquisition and development) (amendment and validation) bill, 1970 envjsages payment 01 ~yalty to state government concerned in respect of coal and other minerals removed and despatched from areas not held under any third party rights acquired under the coal bearing areas (acquisition and development) act, 1957 the provision regarding payment of royalty will not in practice, involve any expenditure from the consolidated fund of india as such expenditure would be met from its revenues by the national coal dwe10pnwnt corporation to whom the acqulr«l land ii tl'ulsferreci for explcttattojl 2 cjauae 8 of the bill also provides for certain procedural changes oil the lide of the land acquisition (amendment and validation) act, 196'1 in particular, in <:8181 of acquisition of land, where declaratian under aeotim 9 il or hu been made after the expiry of three years from the date gf issue of notification under sub-section (1) of section 7, provisiojl hal bean made for payment of simple interest at 6 per centum per annum on the market value of land acquired, calculated from the date of expiry of three years after the issue of notification to the date of tender of payment of compensation the bill, if enacted, will involve a non-recurring expenditure from the cmlsolidated fund of india in respect of the payment of interest charges under clause 8 (3) presently, there are three such cases in which interest to the extent of rs 223 lakhs will become payable there are a few more cases which would involve interest payment but the amount cannot be worked out precisely as it would depend upon the aizlount of compensation that may beceme payable under section 13 (5) of the principal act the compensation andlor interest will initially be paid frq1!l the consolidated fund of india and later recovered from the national coal development co'rporation to whom the land has beenlwill be transferred for exploitation 3 apart from the above payments, the bill does not involve anf other recurrini or non-recurring expenditure ,extracts nom the coal bearing areas (acquisition ~ development) act, 1957 (20 01' 1957) '" '" '" '" '" _' t 8(1) " objections to acqui8i-uod !", - '" '" '" '" '" '" i:' (2) every object1onunder sub-section (1) shall be made totbe coieqro petent authority in writing, and the competent authority shallgi've,~ objector an opportunity of being heard either in person or by a legal practitioner and shall, after hearing all such objections and after making wch further inquiry, if any, as he thinks necessary,'submit,tbe cas'e·jor th decision of the central government together with the record of, the: proceedings held by him add a report containing his recommendations on'the obj ectiotlll; - - '" '" '" '" declaration of acquisition •• ,(1) when the central government is satisfied, after corisideriilg the report, if any, made under section 8 that any land or any rights in or over such land should be acquir'ed, a declaration shall be made by it ~ that effect: provided that, where the declaration relates to any land or' to any rights ir or over land belonging to a state government which has or have nqt been leased out, no, such declaration shall be rnade exc~t after~ consultation with th'e state government (2) the declaration shall be published in the offici~)i gazette, :~d~ i <~) - '" '" - - '" a copy of every such declaration shall be sent to the state government c6neerned - - - - - - - 17 (1) - - - - iii iii payment of compensation (2) if the persons interested entitled thereto shall not consent to receive it or if there be any dispute as to the sufficiency of the amount of compensation or the title to receive it or he apportionment thereof, the central government shall deposit the amount of compensation with the tribunal: provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: provided further that no person who lias received the amount otherwise than under protest shall be entitled to take any matter under this act before the tribunal a bill further to amend the coal bearing areas (acquisition and development) act, jrfi' and to validate certain acquisitions of land or rights in or over land udder the said act (shn nitiraj s'ngh chaudhary, minister of state in the ministry of petroleum and chemicals, and mines and metals | Parliament_bills | 1d47a186-a567-5f45-9c13-24acd924298e |
definitions 2, (/) in this act, unless the context otherwise requires,— (a) "bank" means;— (a bank included in the second schedule to the reserve bank of india act, 1934; 2of 1934 (ii) a post office savings bank; - (ii) a banking company as defined in clause (c) of section 5, of the banking regulation act, 1949 10 of 1949, {iv) a co-operative bank as defined in clause (cc/) of section 5, as inserted by section 56, of the banking regulation act, 1949; and 10 of 1949 ° (v) such other bank as the central government may, by notification, specify for the purposes of this act (6) "derivative" means an instrument, to be settled at a future date, whose value is derived from change in interest rate, foreign exchange rate, credit rating or credit index, price of securities (also called "underlying"), or a combination of more than one of them and includes interest rate swaps, forward rate agreements, foreign currency }5~ swaps, foreign currency rupee swaps, foreign currency options, foreign currency rupee options or such other instruments as may be specified by the reserve bank from time to time; (c) "electronic funds transfer" means any uansfer of funds which is initiated through electronic means so as to instruct, authorise or order a'bank to debit or credit 29 an account with that bank, and includes point of sale transfers, automated teller machine transactions, direct deposits or withdrawals of funds, transfers initiated by telephone and card payment, (d) "netting" means the determination by the system provider of the amount of money or securities, due or payable or deliverable, as a result of setting offor adjusting, 257 the claims and obligations-among the system participants, including the claims and obligations arising out of the termination by the system provider, on the insolvency or liquidation of any system participant or such other circumstances as the system provider may specify in its rules or regulations, of the transactions admitted for settlement ata future date so that only a net claim be demanded or a net obligation be owed; bo (e} "notification" means a notification published in the official gazette; (f) "payment instruction" means any instrument, authorisation or order in any form, including electronic means, to effect a payment,—— (i by a person to a system participant; or (i by a system participant to another system participant; 3s" (g) "payment obligation" means an indebtedness that is owned by one system participant to another system participant as a result of clearing or settlement of one or more payment instructions relating to funds, securities or foreign exchange or derivatives or other transactions; (4) "payment system" means a system that enables payment to be effected between yo a payer and a beneficiary, and includes clearing, payment or settlement service or all of them, but does not include a stock exchange; ( "prescribed" means prescribed by regulations made under this act; (a "regulation" means a regulation made under this act; (k) "reserve bank" means the reserve bank of india, constituted under the 457 reserve bank of india act, 1934; 2 of 1934'w "security" means government securities as defined in the public debt 18 of 1944 act, 1944 or such other securities as may be notified by the central government from time to time under that act; 4 (m) "settlement" means settlement of payment instructions and includes the s-__ settlement of securities, foreign exchange or derivatives or other transactions which involve payment obligations; (n) "systemic risk" means the risk arising from— (i) the inability of a system participant to meet his payment obligations under the payment system as and when they become due; or io (ii) any disruption in the system, which may cause other participants to fail to meet their obligations when due, ultimately likely to have an impact on the stability of the system; (0) "system participant" means a bank or any other person participating in a payment system and includes the system provider; i (p) "system provider" means a person who operates an authorised payment system (2) words and expressions used, but not defined in this act and defined in the reserve 2 of 1934, bank of india act, 1934 or the banking regulation act, 1949, shall have the meanings 10 of 1949 respectively assigned to them in those acts lo chapter ii designated authority and its committeedesignated authority and 3 (1) the reserve bank shall be the designated authority for the regulation and supervision of payment systems under this act its committee (2) the reserve bank may, for the purposes of exercising the powers and performing 45° the functions and discharging the duties conferred on it by or under this act, by regulation, constitute a committee of the central board of the reserve bank (3) the committee constituted under sub-section (2) shall consist of the following members, namely:— (a) governor, reserve bank of india, who shall be the chairman of the board; ka) (b) deputy governors, reserve bank of india, out of whom the deputy governor who is the in charge of the payment and settlement systems, shall be the vice-chairman of the board; (c) not exceeding three directors from the central board of the reserve bank of india to be nominated by the governor 3s (4 the powers and functions of the committee constituted under sub-section (2), the time and venue of its meetings, the procedure to be followed in such meetings (including the quorum at such meetings) and other matters incidental thereto shall be such as may be prescribed chapter iii 4o authorisation of payment systems4 (1) no person shall commence or operate a payment system except under and in accordance with an authorisation issued by the reserve bank under the provisions of this act: payment system not to operate without authorisationprovided that nothing contained in this section shall apply to— as (a) the continued operation of an existing payment system on the commencement of this act for a period not exceeding six months from such commencement, unless within such period, the operator of such payment system obtains an authorisation under this act; (®) any person acting as the duly appointed agent of another person to whom the payment is due; (c) a company accepting payments either from its holding company or any of its , _ subsidiary companies or from any other company which is also a subsidiary of the same holding company; (d) any other person whom the reserve bank may, after considering the interests of monetary policy oy efficient operation of payment systems, the size of any payment system or for any other reason, by notification, exempt from the provisions of this section application for 5, (/) any person disirous of commencing or carrying on a payment system may apply authorisation tq the reserve bank for an authorisation under this act (2) an application under sub-section (/) shall be made in such form and in such manner and shall be accompanied by such fees as may be prescribed inquiry by the 6 after the receipt of an application under section 5, and before an authorisation is 5 reserve bank issued under this act, the reserve bank may make such inquiries as it may consider necessary for the purpose of satisfying itself about the genuineness of the particulars furnished by the applicant, his capacity to operate the payment system, the credentials of the participants or for any other reason and when such an inquiry is conducted by any person authorised by it in this behalf, it may require a report from'such person in respect of the inquiry zo issue or refusal 7 (j) the reserve bank may, if satisfied, after any inquiry under section 6 or otherwise, ofsuthorisation that the application is complete in all respects and that it conforms to the provisions of this act and the regulations issue an authorisation for operating the payment system under this act having regard to the following considerations, namely:— () the need for the proposed payment system or the services proposed to be undertaken by it; (id the technical standards or the design of the proposed payment system; (ii) the terms and conditions of operation of the proposed payment system including any security procedure; (iv) the manner in which transfer of funds may be effected within the payment go system; {v) the procedure for netting of payment instructions effecting the payment obligations under the payment system; (va) the financial status, experience of management and integrity of the applicant; 3as° (vii) interests of consumers, including the terms and conditions governing their relationship with payment system providers; (viii) monetary and credit policies; and (é) such other factors as may be considered relevant by the reserve bank (2) an authorisation issued under sub-section (/) shall be in such form as may be prescribed and shall— (a) state the date on which it takes effect; {b) state the conditions subject to which the authorisation shall be in force; (©) indicate the payment of fees, if any, to be paid for the authorisation to be m force; as(d) if it considers necessary, require the applicant to furnish such security for the proper conduct of the payment system under the provisions of this act; (e) continue to be in force till the authorisation is revoked (3) where the reserve bank considers that the application for authorisation should be refused, it shall give the applicant a written notice to that effect stating the reasons for the refusal: provided that no such application shall be refused unless the applicant is given a '§ reasonable opportunity of being heard 8 (7) ifa system provider,— revocation of euthorisation, (i) contravenes any provisions of this act, or (i) does not comply with the regulations, or (iii) fails to comply with the orders or directions issued by the designated to authority, or 7 (iv) operates the payment system contrary to the conditions subject to which the authoristion was issued, the reserve bank may, by order, revoke the authorisation given to such system provider under this act: is provided that no order of revocation under sub-section (/) shall be made— (i except after giving the system provider a reasonable opportunity of being heard; and (i without prejudice to the direction of the reserve bank to the system provider that the operation of the payment system shall not be carried out till the order of eo revocation is issued (2) nothing contained in sub-section (7) shall apply to a case where the reserve bank considers it necessary to revoke the authorisation given to a payment system in the interest of the monetary policy of the country or for any other reasons to be specified by it in the order as (3) the order of revocation issued under sub-section (/) shall include necessary provisions to protect and safeguard the interests of persons affected by: 'such order of revocation (4) where a system provider becomes insolvent and is wound up, he shall inform the fact ofhis being insolvent or being wound up to the reserve bank and thereupon the reserve bank shall take such steps as deemed necessary, revoke his authorisation to operate the ge payment system appeal to the central government 9 (2) any applicant for an authorisation whose application for the operation of the payment system is refused under sub-section (3) of section 7 or a system provider who is aggrieved by an order of revocation under section 8 may, within thirty days from the date on which the order is communicated to him, appeal to the central government ay (2) the decision of the central government on the appeal under sub-section (/) shalt be final chapter iv regulation and supervision by the reserve bank10 (1) the reserve bank may, from time to time, prescribe— 4o (a) the format of payment instructions and the size and shape ofsuch instructions; power to determine standards(5) the timings to be maintained by payment systems; (©) the manner of transfer of funds within the payment system, either through paper, electronic means or in any other manner, between banks or between banks and other institutions; 4s (@) such other standards to be complied with the payment systems generally; (e) the criteria for membership of payment systems including continuation, termination and rejection of membership; (f the conditions subject to which the system participants shall participate in such fund transfers and the rights and obligations of the system participants in such funds s {2) without prejudice to the provisions of sub-section (7), the reserve bank may, from time to time, issue such guidelines, as it may consider necessary for the proper and efficient management of the payment systems generally or with reference 1o any particular payment system : notice of 11 (/) no system provider shall cause any change in the system which would affect to change in the structure or the operation of the payment system without— the payment - system (a) giving notice of not less thirty days to the system participants; and (5) the approval of the reserve bank (2) where the reserve bank has any objection, to the proposed change for any reason, it shall communicate such objection to the systems provider within two weeks of receipt of 147 the intimation of the proposed changes from the system provider (3) the system provider shall, within a period of two weeks of the receipt of the objections from the reserve bank forward his comments to the reserve bank and the proposed changes may be effected only after the receipt of approval from the reserve bank power to call 12 the reserve bank may call for from any system provider such returns or documents 20 fer retums, as it may require or other information in regard to the operation of his payment system at or other such intervals, in such form and in such manner, as the reserve bank may require from time information to time or as may be prescribed and such order shall be complied with access 10 13 the reserve bank shall have right to access any information relating to the operation information of any payment system and system provider and all the system participants shall provide 257 access to such information to the reserve bank power to enler 14 any officer of the reserve bank duly authorised by it in writing in this behalf, may and inspect for ensuing compliance with the provisions of this act or any regulations, enter any premises where a payment system is being operated and may inspect any equipment, including any computer system or other documents situated at such premises and call upon any employee 26 of such system provider or participant thereof or any other person working in such premises to furnish such information or documents as may be required by such officer information, 15 (1) subject to the provisions of sub-section (2), any document or information cic, tobe | _ obtained by the reserve bank under sections 12 to 14 (both inclusive) shall be kept confidential (2) notwithstanding anything contained in sub-section (7), the reserve bank may _35~ disclose any document or information obtained by it under sections 12 to 14 (both inclusive) to any person to whom the disclosure of such document or information is considered necessary for protecting the integrity, effectiveness or security of the payment system, or in the interest of banking or monetary policy or the operation of the payment systems generally or in the public interest \ power to carry 16 the reserve bank may, for the purpose of carrying out its functions under this acnion and act, conduct or get conducted audits and inspections of a payment system or participants : thereof and it shall be the duty of the system provider and the system participants to assist the reserve bank to carry out such audit or inspection, as the case may be power to issue 17 where the reserve bank is of the opinion that,— , usr directions, (a)a payment system or a system participant is enga in, or is about to engage in, any act, omission or course of conduct that results, or is likely to result, in systemic risk being inadequately controlled; or(5) any action under clause (a) is likely to affect the payment system, monetary or the credit policy of the country, the reserve bank may issue directions in writing to such payment system requiring it, within - such time as the reserve bank may specify— s (a to cease and desist from engaging in the act, omission or course of conduct or to ensure the system participants to cease and desist from the act, omission or course of conduct; or (if to perform such acts as may be necessary, in the opinion of the reserve bank, to remedy the situation 18, without prejudice to the provisions of the foregoing, the reserve bank may, ifitis satisfted that for the purpose of enabling it to regulate the payment systems or in the interest of management or operation of any of the payment systems or in public interest, it is necessary | | power | of ||------------|------------|-------|| reserve | bank | to || give | directions | || generally | | |so to do, lay down policies relating to the regulation of payment systems including electronic, non-electronic, domestic and international payment systems affecting domestic transactions and give such directions in writing as it may consider necessary to system providers or the system participants or any other person either generally or to any such agency and in particular, pertaining to the conduct of business relating to payment systems, 19 every person to whom a direction has been issued by the reserve bank under this act shall comply with such direction without any delay and a report of compliance shall be furnished to the reserve bank within the time allowed by it | directions | of ||---------------|-------|| reserve | bank || to | be || with | | chapter v rights and outies of a system providersystem provider to act in accordance with the act, regulations, etc 20 every system provider shall operate the payment system in accordance with the provisions of this act, the regulations, the contract governing the relationship among the system participants, the rules and regulations which deal with the operation of the payment system and the conditions subject to which the authorisation is issued, and the directions given by the reserve bank from time to time duties of a system provider, 21 (2) every system provider shall disclose to the existing or potential system participants, the terms and conditions including the charges and the limitations of liability under the payment system, supply them with copies of the rules and regulations governing 43o the operation of the payment system, netting arrangements and other relevant documents (2) it shall be the duty of every system provider to maintain the standards determined under this act 22 (1}a system provider shall not disclose to any other person the existence or contents 35 | duty | to ||-----------|---------|| documents | in || the | payment || system | confi- || dential | |of any document or part thereof or other information given to him by a system participant, except where such disclosure is required under the provisions of this act or the disclosure is made with the express or implied consent of the system participant concerned or where such disclosure is in obedience to the orders passed by a court of competent jurisdiction or a statutory authority in exercise of lhe powers conferred by a statute (2) the provisions of the bankers' book evidence act, 189] shall apply in relation to ib of 1991 yo the information or documents or other books in whatever form maintained by the system provider setitement and netting23 (j) the payment obligations and settlement instructions among the system participants shall be determined in accordance with the gross or netting procedure, as the case may be, approved by the reserve bank while issuing authorisation to a payment system as (2) where the rules providing for the operation of a payment system indicates a procedure for the distribution of losses between the system participants and the payment system, such procedure shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force (3) a settlement effected under such procedure shall be final and irrevocable, (4) where a system participant is declared by a court of competent jurisdiction as insolvent or is dissolved or wound up, then notwithstanding anything contained in the ~ companies act, 1956 or the banking regulation act, 1949 or any other law for the time heese being in force, the order of dissolution or adjudication or winding up, as the case may be, ¢~ ' shall not affect any settlement that has become final and irrevocable explanation ~ for the removal of doubts, it is hereby declared that the settlement, whether gross or net, referred to in this section is final and irrevocable as soon as the money, securities, foreign exchange or derivatives or other transactions payable as a result of such settlement is determined, whether or not such money, securities or foreign exchange or to derivatives or other transaclions is actually paid chapter vi settlement of disputessettlement of 24 (/) the system provider shall make provision in its rules or regulations for creation 5 disputes of panel consisting of not less than three system participants other than the system participants who are parties to the dispute to decide the disputes between system participants in respect of any matter connected with the operation of the payment system (2) where any dispute in respect of any matter connected with the operation of the payment system arises between two or more system participants, the system provider shall refer the dispute to the panel referred to in sub-section (/) ze (3) where any dispute arises between any system participant and the system provider or between system providers or where any of the system participants is not satisfied with the decision of the panel referred to in sub-section (/), the dispute shalt be referred to the reserve bank (4) the dispute referred to the reserve bank for adjudication under sub-section 3) ay shall be disposed of by an officer of the reserve bank generally or specially authorised in this behalf and the decision of the reserve bank shall be final and binding (5) where a dispute arises between the reserve bank, while acting in its capacity as system provider or as system participant, and another system participant, the matter shall be referred to a securities appellate tribunal established under section 15k of the securities 3e and exchange board of india act, 1992 for settlement of the dispute and the decision ofthe 15 of 1992 said tribunal shall be final and binding dishonour of 25, (/) where an electronic funds transfer initiated by a person cannot be executed electronic funds because of the account of money standing to the credit of that account is insufficient to nee nee honour the transfer instruction or that it exceeds the amount arranged to be paid from that 3 s ate, of funds in 2ccount by an agreement made with a bank, such person shall be deemed to have committed the account an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the electronic funds transfer, or with both: yo provided that nothing contained in this section shail apply unless— (a) the electronic funds transfer was initiated for payment of any amount of money to another person for the discharge, in whole or in part, of any debt on other liability; (b) the electronic funds transfer was initiated'in accordance with the relevant procedural guidelines issued by the system provider, la (c) the-payee makes a demand for the payment of the said amount of money by giving a notice in writing to the person initiating the electronic funds transfer within thirty days of the receipt of information by him from the bank concerned regarding the dishonour of the electronic funds transfer, and (d) the person initiating the electronic funds transfer fails to make the payment of the said money to the payee within fifteen days of the receipt of the said notice explanation— for the purpose of this section, "debt or liability" means a legally enforceable debt or'other liability, as the case may be (2) the provisions of chapter xvii of the negotiable instruments act, 1881 shall s apply to the dishonour of electronic funds transfer to the extent the circumstances admit chapter vii offences and penaltiespenalties 26 (1)where a person contravenes the provisions of section 4 or fails to comply with the terms and conditions subject to which the authorisation has been issued under section 7, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years or with fine which may extend to one crore rupees or with both and with a further fine which may extend to one lakh rupees for every day, after the first during which the contravention or failure to comply continues (2) whoever in any application for authorisation or in any return or other document or on any information required to be furnished by or under, or for the purpose of, any provision of this act, wilfully makes a statement which is false in any material particular, 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 three years and shall also be liable to qe fine which shall not be less than ten lakh rupees and which may extend to fifty lakh rupees (3) if any person fails to produce any statement, information, returns or other documents, or to furnish any statement, information, returns or other documents, which under section !2 or under section 13, it is his duty to furnish or to answer any question ay relating to the operation of a payment system which is required by an officer making inspection under section 14, he shall be punishable with fine which may extend to ten lakh rupees in respect of each offence and if he persists in such refusal, to a further fine which may extend to twenty-five thousand rupees for every day for which the offence continues (4) if any person discloses any information, the disclosure of which is prohibited under section 22, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five lakh rupees or an amount equal to twice the amount of the damages incurred by the act of such disclosure, whichever is higher or with both 3s yo (5) where a direction issued under this act is not complied with within the period stipulated by the reserve bank or where no such period is stipulated, within a reasonable time or where the penalty imposed by the reserve bank under section 30 is not paid within a period of thirty days from the date of the order, the system provider or the system participant which has failed to comply with the direction or to pay the penalty shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years, or with fine which may extend to one crore rupees or with both and where the failure to comply with the direction continues, with further fine which may extend to one lakh rupees for every day, after the first during which the contravention continues (6) if any provision of this act is contravened, or ifany default is made in complying us with any other requirement of this act, or of any regulation, order or direction made or given or condition imposed thereunder and in respect of which no penalty has been specified, then, the person guilty of such contravention or default, as the case may be, shall be punishable with fine which may extend to ten lakh rupees and where a contravention or default is a continuing one, with a further fine which may extend to twenty-five thousand rupees for every day, after the first during which the contravention or default continues su offences by 27 (1) where a person committing a contravention of any of the provisions of this act companies or any regulation, direction or order made thereunder is a company, every person who, at the time of the contravention, 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: a provided 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 alt due diligence to prevent such contravention {2) notwithstanding anything contained in sub-section (/), where a contravention of ° any of the provisions of this act or of any regulation, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place 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 the contravention and shall be liable to be proceeded against and punished accordingly 167 explanation— for the purposes of this section, - (a) "company" means any body corporate and includes a firm or other association of individuals; and (6) "director", in relation to a firm, means a partner in the firm cognizance of 28 (7) no court shall take cognizance of an offence punishable under this act except 20 offences upon a complaint in writing made by an officer of the reserve bank generally or specially authorised by it in writing in this behalf, and no court, lower than that of a metropolitan magistrate or a judicial magistrate of the first class shall try any such offence _ (2) notwithstanding anything contained in the code of criminal procedure, 1973, a 2 of 1974 magistrate may dispense with the personal attendance of the officer of the reserve bank 2¢~ filing the compliant, but the magistrate may, in his discretion, at any stage of the proceedings, direct the personal attendance of the complainant application of 29 a court imposing any fine under this act may of direct that the whole or any part fine thereof shall be applied in, or towards payment of, the costs of the proceedings power of 30 (1) notwithstanding anything contained in section 26, if contravention or default 36 reserve bank of the nature referred to in sub-section (2) or sub-section (6) of section 26, as the case may to impose fines, be, the reserve bank may impose on the person contravening or committing default a penalty not exceeding five lakh rupees or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where such contravention of default is a continuing one, a further penalty which may extend to twenty-five thousand 387 rupees for every day after the first during which the contravention or default continues (2) for the purpose of imposing penalty under sub-section (/), the reserve bank shall serve a notice on the defaulter requiring him 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 defaulter 4e (3) any penalty imposed by the reserve bank under this section shall be payable within a period of thirty days from the date on which notice issued by the reserve bank demanding payment of the sum is served on the defaulter and, in the event of failure of the person to pay the sum within such period, may be recovered on a direction made by the principal civil court having jurisdiction in the area where the registered office of the defaulter 4s" company or the official business of the person is situated (4) the reserve bank may recover the amount of penalty by debiting the current account, if-any, of the defaulter or by liquidating the securities held to the credit of the defaulter or in accordance with the provisions of this act:provided that no such direction shall be made, except on an application made by an officer of the reserve bank authorised by it in this behalf (5) the court which makes a direction under sub-section (3) shall issue a certificate specifying the sum payable by the defautter and every such certificate shall be enforceable in the same manner as it were a decree made by the court in a civil suit (6) where any complaint has been filed against any person in any court in respect of the contravention or default of the nature referred to in sub-section (2), or, as the cas¢ may be, sub-section (4) of section 26, then no proceeding for the imposition of any penalty on the person shall be taken under this section | 2of | 1974, ||-------------|--------------|| le | || 31 | (/) || any | offence || power | to || compound | || offences | || with | imprisonment || application | from || institution | of || authorised | by || (2) | where |or further proceeding, as the case may be, shall be initiated or continued, as the case may be, against the person committing such contravention under that section, in respect of the contravention so compounded, ~ ro chapter viii miiscellanequs32 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force | act ||------------|| overriding || effect || as" |33, (j) the penalty imposed on the defaulter by the reserve bank under section 30 may be recovered by issuing a notice to any person from whom any amount is due to the | mode | of ||------------|-------|| recovery | of || penalty | || defaulter, | by || defaulter, | the || reserve | bank |(2) save as otherwise provided in this section, every person to whom a notice is zo issued under this sub-section shall be bound to comply with such notice, and; in particular, where such notice is issued to 2 post office, bank or an insurer, it shall not be necessary for any passbook, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding that any rule, practice or requirement to the contrary (3) any claim respecting any property in relation to which a notice under this subsection has been issued arising after the date of the notice shall be void as against any demand contained in the notice (4) where a person to whom the notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the defaulter yo or that he does not hold any money for or on account of the defaulter, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any materia! particular, such person shall be personally liable to the reserve bank to the extent of his own liability to the defaulter on the date of the notice, or to the extent of the penalty imposed on the defaulter by the reserve bank, whichever is less (5) the reserve bank may at any time or from time to time, amend or revoke any notice issued under this section or extend the time for making the payment in pursuance of such notice (6) the reserve bank shall grant a receipt for any amount paid to it in compliance with a notice issued under this section and the person so paying shall be fully discharged from his liability to the defaulter to the extent of the amount so paid (7) any person discharging any liability to the defaulter after the receipt of a notice under this section shall be personally liable to the reserve bank to the extent of his own $7 liability to the defaulter so discharged or to the extent of the penalty imposed on the defaulter by the reserve bank, whichever is less (8) ifthe person to whom the notice under this section is sent fails to make payment in pursuance thereof to the reserve bank, he shall be deemed to be the defaulter in respect of the amount specified ip the notice and further proceedings may be taken against him for the jo realisation of the amount as if it were an arrear due from him in the manner provided in this section explanation —for the purposes of this section, "defaulter" means any person or systern provider or system participant on whom the reserve bank has imposed a penalty under section 30 is 34 nothing contained in this act shall apply to any of the securities traded on stock non- 45 of 1860 exchanges or other exchanges except in so far as they relate to settlement of payment 2pplicability to instructions : slock and other exchanges 35 (/) every officer of the reserve bank who has been entrusted with any power certain persons under this act, shail be deemed to be a public servant within the meaning ofsection 21 of the ggleemed to be indian penal code public servants, 36 no suit or other legal proceedings shall lie against the central government, the protection of reserve bank, or any officer thereof for any damage caused or likely to be caused by anything ®ction taken which is in good faith done or intended to be done in pursuance of this act, any regulations, 7 804 ith order or direction made or given thereunder, as 37 (/) ifany difficulty arises in giving effect to the provisions of this act, the central power to remove government may, by order published in the official gazette, make such provision is not 'ifficulties inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section after the expiry of a period of 3a two years 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 38 (/) the reserve bank may, with the previous sanction of the central government, power of reserve by notification, make regulations for carrying out the provisions of this act s3sbark to make - regulations (2) in particular, and without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely:-— (a) the powers and functions of the committee constituted under sub-section (2), the time and venue of its meetings and the procedure to be followed by it at its meetings (including the quorum at such meetings, under sub-section (4) of section 3: yo (6) the form and manner in which an application for authorisation for commencing or carrying on a payment system shall be made and the fees which shall accompany such application under sub-section (2) of section 5; (¢) the form in which an authorisation to operate a payment system under this act shall be issued under sub-section (2) of section 7; us (d) the format of payment instructions and other matters relating to determination of standards to be complied with by the payment systems under sub-section (/) of section 10;(e) the intervals, at which and the form and manner in which the information or retums required by the reserve bank shall be furnished under section 12; (f) such other matters as are required to be, or may be, prescribed (2) any regulation made under this section shall have effect from such earlier or later $~ date (nor earlier than the date of commencement of this act) as may be specified in the regulation (3) every regulation shall, as soon as may be after it is made by the reserve bank, be forwarded to the central government and that central government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of lo 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 regulation, or both houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that \s" any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation statement of objects and reasonsthe payment and settlement systems serve as a backbone of financial system of a country in india, a host of payment systems are in operation ranging from manual paperbased clearing to the real time gross settlement (rtgs) system for facilitating non-cash mode of payments the various retail payment systems in operation include the manual paper based clearing, micr clearing, electronic funds transfer systems (including the electronic clearing services), card based payment systems, government securities clearing, forex clearing, etc the paper-based cheque processing is operated and managed by the reserve bank of india at the four metro centres, whereas at twelve other centres it is operated by public sector banks and managed by reserve bank of india, while at the remaining centres it is operated'as well as managed by certain public sector banks clearing houses are not legal entities but voluntary bodies of banks who have come together for the expressed purpose of clearing payment instruments and instructions the rules and regulations for the functioning of clearing houses are contractual in nature among the targe-value payment systems, the real time gross settlement system is operated by the reserve bank of india while the inter-bank government securities and foreign exchange clearing systems are at present operated by clearing corporation of india ltd (ccil) anew national payments corporation of india would be taking over the operations of retail payment systems both these corporate entities will be outside the specific regulatory purview the operations of card based systems is not under the regulatory purview of the reserve bank of india, however, the bank is indirectly regulating it through the card issuing banks 2 the central board of directors of the reserve bank of india under section 58(2)(p) of the reserve bank of india act, 1934 is empowered to make regulations of clearing houses for banks and under 58(2)(pp) of the said act, to make regulations of fund transfer through electronic means these regulations are adopted by the members of the clearing houses by way of contractual agreement 3 the procedure of netting (arriving at the multilateral net settlement) is not legally recognised but has been adopted as a working procedure adopted by the members of the clearing houses 4, in view of the above, it is considered necessary to enact a specific legislation which will, inter alia, empower the reserve bank of india to act as the designated authority with the following powers and functions, namely:— (a) to regulate and oversee the various payment and settlement systems in the country including those operated by non-banks like ccil, card companies, other payment system providers and the proposed umbrella organisation for retail payments; (8) lay down the procedure for authorisation of payment systems as well as revocation of authorisation; : > (¢) to lay down operational and technical standards for various payment systems, (4) to call for information and furnish returns and documents from the service providers; (e) to issue directions and guidelines to system providers, (f} to audit and inspect the systems and premises of the system providers; (g) to lay down the duties of the system providers: (4) to levy fines and impose penalties for not providing information or documents or wrongfully disclosing information, etc; and {i) to make regulations for carrying out the provisions of the proposed legistation 5 the bill, inter alia, seeks to provide for the following matters, namely:— (a) to designate the reserve bank of india as the designated authority for the regulation and supervision of payment systems in india for their smooth operations; (5) to give legal recognition to the netting procedure and settlement finality; and (c) to empower the securities appellate tribunals to settle disputes between the reserve bank of india and the system providers 6 the bill seeks to achieve the above objects p chidambaram new dewur; the 22nd may, 2006 notes on clausesclause {- this clause provides for the name of the act, its application and the commencement thereof clause 2- this clause seeks to define certain expressions used in the bill the definitions of the terms "derivative", "electronic fund transfer", "netling", "payment instruction", "payment obligation", "payment system" and "settlement" are some of them a "payment system" means a system which enables payment to be effected between a payer and a beneficiary, and includes a clearing, payment or settlement service or all of them, but does not include a stock exchange clause 3- this clause seeks to designate the reserve bank as the authority for the regulation and supervision of payment systems and also provides the constitution ofa committee of the central board of directors of the reserve bank of india for such regulation and supervision clause 4- this clause seeks to provide that any person before commencing or operating a payment system shall obtain authorisation from the reserve bank in accordance with the provisions of the proposed legislation clause 5- this clause seeks to require submission of an application to reserve bank by persons desirous or commencing or carrying on a payment system the form of application, the manner of making such application and the fee which shall accompany such application shall be laid down by the reserve bank by regulations clause 6- this clause seeks to provide for an inquiry by the reserve bank before issue of authorisation, inter alia, regarding the genuineness of the particulars furnished by the applicant, his capacity to operate the payment system and the credentials of the participants clause 7- this clause seeks to provide for issueor refusal of authorisation by the reserve bank for operating a payment system sub-clause (1) provides that the-reserve bank may issue an authorisation after an inquiry and after satisfying itself about (i) the need for the proposed payment system, (ii) its technical standards or design, (iii) ils financial status, (iv) its experience of management and integrity of the applicant, (v) interests of consumers, (vi) monetary and credit policies and (vii) such other factors as may be considered by the reserve bank to be relevant for the purpose sub-clause (2) provides laying down, by regulations, the form of authorisation and also requires that the authorisation should state the date on which it will take effect, the conditions subject to which the authorisation will be in force, the fees to be paid, security to be furnished, etc sub-clause (3) seeks to provide that in case of refusal for authorisation, the reserve bank should give the applicant a written notice stating the reasons for such refusal and also provide the applicant a reasonable opportunity of being heard clause &- this clause seeks to provide for revocation of authorisations given by the reserve bank to any system provider under the proposed section 7 sub-clauses (/) and (2) enumerates the circumstances under which an authorisation may be revoked by the reserve bank, after providing the concerned system provider a reasonable opportunity of being heard these circumstances, include, contravention of any provision of the proposed legislation, non-compliance with the regulations, failure to comply with the orders or directions of the reserve bank or operation of a payment system contrary to the conditions imposed while giving such authorisation further, the reserve bank has been provided with the power to revoke authorisation to a payment system in interest of monetary policy 4 sub-clause (3) provides that the order of revocation shall include provisions for protection and safeguard of the interest of persons affected by such order sub-clause (4) seeks to provide for revocation of authorisation by the reserve bank in case of insolvency of the system provider, clause 9- this clause seeks to provide for an appeal to the central government against an order of refusal or revocation of authorisation by the reserve bank and for finality of the order passed by the central government <lause 10- this clause seeks to empower the reserve bank with the power to determine and prescribe standards, infer alia, in respect of format of payment instructions, timings to be maintained by payment systems, manner of transfer of funds, the criteria of membership of payment systems and their rights and obligations it also empowers the reserve bank to issue guidelines for effective management of payment systems clause 11,- this clause seeks to provide that the system providers shall not cause any change effecting the structure and operation of the payment system without giving notice to the system participants and without the approval of the reserve bank clause /2- this clause seeks to empower the reserve bank with the power to call for returns, documents or other information from any system provider regarding the operations of the payment systems: clause 13- this clause seeks to empower the reserve bank to access any information relating to any payment system with the system provider and the system participants clause 14- this clause seeks to provide the officers of the reserve bank duly authorised by the bank the power to enter and inspect any premises where a payment system is operated and any equipment including any computer system or other documents and also require any employee of the system provider working at such premises to ~ furnish information clause 15- this clause seeks to impose a duty on the reserve bank to keep any document or information obtained by it by way of returns or inspection confidential, excepting in cases where the disclosure of such document or information is considered necessary for protecting the integrity, effectiveness or security of the payment system, in the interest of banking or monetary policy or operation of payment systems, or in public interest clause 16- this clause seeks to provide the reserve bank with the power to conduct or get conducted audits and inspections of a payment system or system participants clause 17,-this clause seeks to provide for issuance of written directions by the reserve bank to a system provider or system participant to cease and desist from any act, omission or course of conduct that would results in systemic risks or affects the payment system, monetary or credit policy of the country or to perform such acts, as may be necessary, for remedying the situation clause 18- this clause seeks to empower the reserve bank to issue general directions laying down policies for regulation of payment systems, or in the interest of management or operation of any of the payment systems or in the public interest clause 19- this clause imposes a duty on every person to whom a direction is issued in writing by the reserve bank to comply with such directions without delay and furnish such compliance report to the reserve bank clause 20- this clause seeks to impose a duty on every system provider to act in accordance with the provisions of the proposed legislation, regulations, contract governing the relationship among the system participants, rules and regulations which deal with the operation of the payment system and conditions subject to which the authorisation is issued, and the directions given by the reserve bank clause 21- this clause deals with the duties of system providers sub-clause (/) seeks to impose a duty on every system provider to disclose to the system participants, the terms and conditions including the charges and limitation of liabilities under the payment systems and the rules and regulations governing it and to maintain the determined standards sub-clause (2) imposes a duty on the system provider to maintain the standards as determined under the provisions of the proposed legislation clause 22-this clause deals with the duty of the system providers to keep documents and information provided by the system participants confidential and the applicability of the bankers' books evidence act, 1891 to such information, documents and other books maintained by the system providers sub-clause (2) imposes a duty on every system provider to keep the documents / and information given to him by the system participant confidential, except where it is required to be disclosed under law sub-clause (2) provides that the bankers' books evidence act,-189] shall apply to the information or documents or other books maintained by the system providers clause 23- this clause provides for gross and netting procedure and for settlemerit in a payment system, the procedure for distribution of losses among system participants and the finality and irrevocable nature of settlement sub-clause (1!) seeks to provide for determination of settlement of payment obligations (both gross and netting) in a payment system sub-clause (2) seeks to provide that the procedure for the distribution of losses between the system participants and the payment system, as provided by the rules for operation of a payment system, shall have effect notwithstanding anything to the contrary contained in any other law sub-clauses (3) and (4) provides for the finality and irrevocability of the settlement, notwithstanding of the provisions of the companies act, 1956 or the banking regulation act, 1949 or any other law for the time being in force clause 24- this clause seeks to provide for settlement of disputes in a payment system, sub-clauses (1) and (2) seek to provide for settlement ofdisputes between system participants, by way of a reference by the system provider, through a panel consisting of not less than three system participants who are not parties to the dispute sub-clauses (3) and (4) seeks to provide for settlement of disputes between system providers and system participants or between system providers or where the system participants are not satisfied with the decision of the panel constituted under sub-clause (2), by authorised officers of reserve bank sub-clause (5) provides that where reserve bank is a party to the dispute as a system provider or participant, such disputes shall be referred to a securities appellate tribunal established under section 15k of the securities and exchange board of india act, 1992 for settlement of disputes, clause 25- this clause provides for the penalty on a person for non-execution of electronic funds transfer, initiated by that person, due to insufficiency of funds etc and the conditions under which the provisions of the clause shall be attracted and alse the applicability of chapter xvii of the negotiable instruments act, 1881 for dishonour of electronic funds transfer to the extent the circumstances admit clause 26- this clause contains provisions relating to offences and penalties sub-clause (1) provides that a person contravening the provisions of clause 4 or the conditions subject to which an authorisation has been issued under clause 7, shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years or with fine which may extend to one crore rupees or with both and with further fine which may extend to one lakh rupees for every day, after the first during which the contravention or failure to comply continues sub-clause (2) provides that in case of offences of wilful submission of false statement or wilful omission to submit material statement, in any application for authorisation or return or other document, the punishment shall be imprisonment for a term which may extend to three years and fine of not less than ten lakh tupees, which may extend to fifty lakh rupees sub-clause (3) provides that whoever fails to produce or furnish any statement, information, return or document under clauses 12, 13 or 14, he shall be punishable with fine which may extend to ten lakh rupees in respect of each offence and if the offence persists for a further fine which may extend to twenty five thousand rupees for every day for which the offence continues sub-clause (4) provides that whoever discloses information which is prohibited under clause 22, he shall bepunishable with imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees or an amount equal to twice the amount of damages incurred by the act, whichever is higher or with both sub-clause (5) provides that when the directions issued by the reserve bank is not complied with within the stiputated time or a reasonable time, as the case may be, or penalty imposed under clause 30 is not paid with thirty days from the date of the order, the same shall be punishable with imprisonment for a term which shall not be jess than one month but which may extend to ten years, or with fine which may extend to one crore rupees or with both and where the failure to comply with the direction continues, with further fine which may extend to one lakh rupees for every day, after the first during which the contravention continues sub-clause (6) provides a punishment of fine which may extend to ten lakh rupees and where a contravention or default is a continuing one, with further fine which may extend to twenty five thousand rupees for every day, after the first during which the contravention or default continues, for contravention of the provisions of the proposed legislation, or default in complying with any requirement under the proposed legislation or contravention of any regulation, direction or order made or given or condition imposed under the proposed legislation clause 27- this clause deals with the provisions relating to offences by companies sub-clause (1) provides that where a person committing a contravention of any of the provisions of the proposed legislation or any regulation, direction or order made thereunder is a company, every person who, at the time of the contravention, 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 sub-clause (2) provides that where any offence under the proposed legistation is committed by a company and it is proved that the contravention has taken place 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 the contravention and shall be liable to be proceeded against and punished accordingly clause 28- this clause contains provisions relating to cognizance of offences it provides that no court shall take cognizance of an offence punishable under the proposed legislation except upon a complaint in writing made by an officer of the reserve bank generally or specially authorised by it in writing in this behalf and the jurisdiction to try offences have been conferred on courts not lower than that of a metropolitan or a judicial magistrate of the first class it also provides with the power to the court to dispense with the personal attendance of the complainant in the proceedings clause 29- this clause deals with application of fine towards payment of the costs of the proceedings clause 30- this clause confers the power on the reserve bank to impose fines sub-clause (/) provides for imposition of penalty by the reserve bank for contravention of sub-clause (2) or sub-clause (6) of clause 26 the reserve bank may impose a penalty which may extend to five lakh rupees or twice the amount in involved in the contravention if the same is quantifiable sub-clause (2) seeks to provide for serving of notice on the defaulter specifying the amount of the proposed fine and providing a reasonable opportunity of hearing to him : sub-clause (3) provides for payment of penalty imposed by the reserve bank within thirty days from date of notice demanding payment and on the failure of which the same shall be recovered on a direction made by the principal civil court having jurisdiction sub-clause (4) provides for recovery of the amount of penalty by the reserve bank by debiting the current account of the defaulter or by liquidating the securities held to its creqit sub-clause (5) provides for issue of certificate by a court issuing direction under sub-clause (3) specifying the sum payable by the defaulter and the enforceability of such certificate as a decree of a court sub-clause (6) provides that no proceeding for imposition of fine shall be taken on a person against whom a complaint has been filed before a court for contravention of sub-clause (2) or sub-clause (4) of clause 26 clause 3|~ this clause seeks to empower the reserve bank to compound offences sub-clause (1) provides that the officer authorised by the reserve bank may compound any offences under the proposed legislation, except those which are punishable with imprisonment and also fine, on an application from the offender sub-clause (2) provides that no proceeding can be initiated or continued, in respect of a contravention compounded under sub-clause (/) clause 32- this clause provides that the provisions of the proposed legislation shall have effec notwithstanding of anything inconsistent therewith in any other law for the time being in force clause 33-this clause provides for the mode of recovery of penalty imposed by the reserve bank under clause 30 from a person from whom money is due to the defaulter after issue of notice it also imposes a duty on such person to whom notice is issued to comply with such notice further, it provides for full discharge of such person from his liability to the defaulter to the extent of the amount paid this clause also provides that the person discharging any liability to the defaulter after receipt of notice shall be personally liable to the reserve bank to the extent of his liability towards the defaulter or to the extent of the fine impased on the defaulter ifa person fails to make payment on receipt of notice, then he shall be deemed to be the defaulter in respect of the amount specifted in the notice and the same shall be recovered from him in the manner provided under the proposed legislation clause 34- this clause provides that the provisions of the proposed legislation will not be applicable in case of securities traded on stock exchanges or other exchanges, except in so far as they relate to settlement of payment instructions clause 35- this clause provides that officers of the reserve bank entrusted with any power under the proposed legislation shall be deemed to be public servants within the meaning of section 21 of the indian penal code clause 36- this clause seeks to protect the action taken in good faith by the central government, the reserve bank or any officer thereof, under the proposed legislation it provides that no suit or legal proceeding for damage caused or likely to be caused, shall lie against the specified persons, for anything done in good faith under the proposed legislation clause 37- this clause empowers the central government issue order published in the official gazette making such provisions not inconsistent with the provisions of the proposed legislation for removing difficulties in giving effect to it provisions such orders could be issued within two years from the date of commencement of the proposed legislation it also provides for laying of such orders before each house of parliament clause 38- this clause confers power on the reserve bank to make regulations, with the previous sanction of central government for the purpose of giving effect to the provisions of the proposed legislation the regulation may, inter alia, provide for (i) constitution of committee under sub-clause (2) of clause 3, (ii) determination of standards to bé complied with by payment systems, (iii) regulation of funds transfers and (iv) form and manner in which application for authorisation to operate a payment system under the proposed legislation shall be made the regulations which may be made by the reserve bank shall be published in the official gazette and be laid before each house of parliament memorandum regarding delegated legislationsub-clause (1) of clause 38 of the bill empowers the reserve bank of india to make, with the previous sanction of the central government and by notification in the official gazette,-regulations for carrying out the provisions of the proposed legislation 2 sub-clause (2) of the said clause enumerates the matters in respect of which such regulations may be made the matters in respect of which such regulations may be made, inter alia, relate to the powers and functions of the committee constituted under sub-section (2) of clause 3, the time and venue of its meetings and the procedure to be followed by it as its meetings (including the quorum at such meetings) under subclause (4) of clause 3; the form and manner in which an application for authorisation to operate @ payment system under the proposed legislation shail be made under clause sand the fees that shall accompany such application; the form and manner in which an application for commencing or carrying on an authorization shall be made and the fee which such application shall accompany under sub-clause (2) of clause 5; the form in which an authorisation to operate a payment system under the proposed legislation shall be issued under sub-clause (2) of clause 7; the determination of standards to be complied with by the payment systems under of section 10; the intervals, form and manner in which the information or returns required by the reserve bank shall be furnished under clause 12 3 the regulations made under the aforesaid clause 38 shall have effect from an earlier date or a later date but not earlier than the date on commencement of the proposed legislation the regulations are also required to be laid before both the houses of parliament 4, the matters in respect of which the regulations may be made are matters of procedure or 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, | Parliament_bills | 341ec960-2416-594d-9a04-4f1558601f2d |
bill no lxxii of 2006 the compulsory quoting of source law bill, 2006 a billto provide for compulsory quoting of source law while publishing notifications, orders, circulars, tenders etc for bringing in transparency in government functioning 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 compulsory quoting of source law act, 2006(2) it extends to the whole of india except to the state of jammu and kashmirshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, however different dates may be appointed for different states and union territoriesdefinitions2 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) "publishing" means publishing through official gazette; (c) "prescribed" means prescribed by rules made under this actcompulsory quoting of source law by appropriate government3 notwithstanding anything contained in any other law for the time being in force, it shall be compulsory for the appropriate government to quote the provisions of the source law viz constitution of india, act of parliament or state legislature, rules, regulations, byelaws etc while publishing notifications, orders, circulars, tenders etc, thereunderpower to make rules4 the central government may, by notification in the official gazette, make rules forcarrying out the provision of this act statement of objects and reasonsthe central government as well as state governments publish, from time to time notifications, orders, tenders, etc in official gazettes, newspapers and other print media however, in most of the cases, the source law, viz constitution of india, act of parliament or the act of a state legislature, rules, regulations or bye laws, under which these are issued, do not find mention thereinin order to ensure transparency in the administration public should know all the relevant aspects of government orders, notifications, tenders etc which are published under the authority of concerned source lawpublic companies, corporations or other bodies affected by such notifications, orders, etc will get a clear idea if such source of law under which these documents are published, is made known to themthis will also prevent the authorities concerned from issuing notifications or orders, etc which are outside the scope of the lawhence this billshantaram laxman naik memorandum regarding delegated legislationclause 4 of the bill empowers the central government to make rules for the purposes of this bill the rules relate to matters of details onlythe delegation of legislative power is of a normal character rajya sabha————abillto provide for compulsory quoting of source law while publishing notifications, orders, circulars, tenders etc for bringing in transparency in government functioning and for matters connected therewith or incidental thereto————(shri shantaram laxman naik, mp)mgipmrnd—2216rs(s5)—11-08-2006 | Parliament_bills | a150c96f-fe29-508b-9cf7-0d2ca0e7c580 |
bill no 205 of 2016 the representation of the people (amendment) bill, 2016 byshri feroze varun gandhi, mpa billfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the representation of the people (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of section 243 of 19512 in section 2 of the representation of people act, 1951 (hereinafter referred to as the principal act),—(a) after clause (e), the following clauses shall be inserted, namely:—10"(ea) "paying for news"means payment directly or indirectly for any newsor analysis relating to any election appearing in electronic media or print media for a price in cash or kind as consideration to any such media, entity, personemployed therein or connected thereto in any manner, but does not include political advertisements;5explanation—for the purpose of this clause the expression "electronic media" and "print media" shall have the same meanings as assigned to them under section 126a;(eb) "political advertisement" means any advertisement paid for by any political party, candidate of a political party, any other person contesting an election, or any other person connected therewith or associated thereto, carrying necessary disclosures as notified by the election commission in this regard;" and10(b) after clause (h), the following clause shall be inserted, namely:—15"(ha) "receiving payment for news" means any media entity, person employed therein or connected thereto in any manner receiving payment directly or indirectly for any news or analysis relating to any election under this act but does not include political;"amendment of section 43 in section 4 of the principal act, after clause (d), the following proviso shall be inserted, namely:—20"provided that only the political parties registered with the election commission under sub-section (7) of section 29a shall be entitled to put forward candidates to fill a seat in the house of the people"amendment of section 54 in section 5 of the principal act, in clause (c), after the proviso, the following proviso shall be inserted, namely:—25"provided that only the political parties registered with the election commission under sub-section (7) of section 29a shall be entitled to put forward candidates to fill a seat in the legislative assembly of a state" 5 in section 10a of the principal act,—amendment of section 10a(i) for the words 'election expenses' wherever they occur, the word 'election expenses and contribution reports' shall be substituted; and(ii) for the words 'for a period of three years', the words 'for a period not less than three years but which may extend upto a period of five years', shall be substituted306 for section 29c of the principal act, the following sections shall be substituted, namely:—substitution of new sections for section 29c"29c (1) each recognised political party shall maintain accounts clearly and fully disclosing all the amounts received by it and clearly and fully disclosing the expenditure incurred by it35(2) the account shall be maintained according to the financial yearmaintenance, audit, publication of accounts by political parties(3) within six months of the close of each financial year, each recognised political party shall submit to the election commission, its accounts, duly audited by a qualified and practicing chartered accountant from a panel of such accountants maintained for the purpose by the comptroller and auditor general40(4) the election commission shall make publicly available, on its website, the audited accounts submitted by all political parties under sub-section (3)45(5) the election commission shall also keep these accounts on file for three years after their submission and shall make them available for public inspection on the payment of a prescribed fee29d (1) the treasurer of a political party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the following, namely:—declaration of contribution received by the political parties5(a) the contribution in excess of twenty thousand rupees, including an aggregateof contributions in excess of twenty thousand rupees, received by such political party from any person in that financial year;(b) the contribution in excess of twenty thousand rupees, including an aggregateof contributions in excess of twenty thousand rupees received by such political party from any company, not including a government company, in that financial year1015(2) notwithstanding anything contained in sub-section (1), the treasurer of a politicalparty or any other person authorised by the political party in this behalf shall, in the report referred to in sub-section (1), disclose the particulars of such contributions received from a person or company, not including a government company, even if the contributions are below twenty thousand rupees, in case such contributions exceeds ten crore rupees, or ten per cent of total contributions, whichever is lesser, as received by the political party in that financial year20illustration: a political party, 'p', receives a total of one hundred crore rupees, in cash or cheque, in a financial year out of this amount, fifty crore rupees are received from undisclosed sources, by way of contributions less than twenty thousand rupees (in cash or multiple cheques) p shall be liable to disclose the particulars of all donors beyond twenty crores, even if they have contributed less than twenty thousand rupees each(3) the report under sub-section (1) shall be in such form as may be prescribed2543 of 1961(4) the report for a financial year under sub-section (1) shall be submitted by the treasurer of a political party or any other person authorised by the political party in this behalf before the due date for furnishing a return of its income of that financial year under section 139 of the income-tax act, 1961, to the election commissionexplanation—for the avoidance of doubt, it is hereby clarified that the term"particulars" mentioned in this section shall include the amount donated; the names and addresses, and pan card number if applicable, of such person or company referred to in this section3029e (1) the election commission shall make publicly available, on its website, the contribution reports submitted by all political parties under section 29ddisclosure of contribution reports submitted by political parties(2) the election commission shall also keep these reports on file for three years after their submission and shall make them available for public inspection on the payment of a prescribed fee35election expenses by political parties29f (1) every political party contesting an election shall, within seventy five days of the date of an election to a legislative assembly of a state or ninety days of the date of an election to the house of the people, lodge with the election commission a statement of election expenditure and contribution reports, which shall be a true copy of such statement maintained by the party in consonance with the directions of the election commission40(2) the payment of any election expenditure over twenty thousand rupees shall be made by the political parties via cheque or draft, and not by cash, unless there are no banking facilities or the payment is made to a party functionary in lieu of salary or reimbursementpenalty4529g (1) where the treasurer of any political party or any other person authorised by the political party in this behalf fails to submit a report in the prescribed form within the time specified under sub-section (4) of section 29d then such political party shall be liable to a penalty of twenty five thousand rupees for each day of non-compliance and so long as the non-compliance continues:provided that if such default continues beyond a period of ninety days, the election commission may de-register the political party after giving a reasonable opportunity of being heard in this regard5(2) if the election commission finds on verification, undertaken whether or on information received, that the report submitted under sub-section (4) of section 29d is false in any particular, the election commission shall levy a fine up to a maximum of fifty lakh rupees on such political party or may suspend the affiliation of a political party for a period of five years after giving a reasonable opportunity of being heard in this regard1029h if a political party accepts any contribution offered to it from an impermissible donor, it shall be liable to pay a penalty which shall be five times the amount so accepted from such donorexplanation—for the purpose of this section, "impermissible donor" refers to:(a) a government company, as defined in section 29b;penalty for political parties accepting contributions from an impermissible donor18 of 2013(b) a company that does not comply with the requirements of sub-section (1)section 182 of the companies act, 2013; or1549 of 1976(c) any foreign source defined under clause (e) of section 2 of the foreign contribution (regulation) act, 1976" 7 after part iva of the principal act, the following parts and sections thereunder shall be inserted, namely:—insertion of new parts ivb and ivc "part ivb20 regulation of electoral trust18 of 2013 43 of 196129i (1) subject to the provisions of the companies act, 2013 and the income tax act,1961, an electoral trust approved by the central board of direct taxes under the electoral trusts scheme, 2013 may accept any amount of contribution voluntarily offered to it by any person or company not including a government company:25electoral trusts entitled to accept contribution49 of 1976provided that no electoral trust shall be eligible to accept any contribution from any foreign source defined under clause (e) of section (2) of foreign contribution (regulation) act, 1976:provided further that all words and phrases used in this part shall have the same meaning as assigned to them in section 29b3029j (1) each electoral trust shall maintain accounts clearly and fully disclosing all the amounts received by it and clearly and fully disclosing the expenditure incurred by it(2) the account shall be maintained according to the financial year calendarmaintenance, audit, publication of accounts by electoral trusts35(3) within three months of the close of each financial year, each electoral trust shallsubmit its accounts, duly audited by a qualified and practicing chartered accountant from panel of chartered accountants, to be appointed by the comptroller and auditor general to the election commission(4) the election commission shall make publicly available, on its website, the audited accounts submitted by all electoral trusts under sub-section (3)40(5) the election commission shall also keep these accounts on file for three years after their submission and shall make them available for public inspection on the payment of a prescribed fee29k (1) the treasurer of an electoral trust or any other person authorised by the trust in this behalf shall, in each financial year, prepare a report in respect of the following, namely:—45declaration of contribution received by the electoral trusts(a) the contribution received by such electoral trust from any person in thatfinancial year, with name, address, pan of such persons:provided that the electoral trust or any other person authorised by the trust in this behalf shall not receive any donation in cash and without the name, address and pan (if any);5(b) the contribution to political parties from electoral trusts in that financial yearwith date amount, mode of payment and name of political party:provided that the electoral trusts shall not make any contribution to political parties in cash other than by bank account transfer (2) the report shall be in such form as may be prescribed10(3) the report for a financial year under sub-section (1) shall be submitted by the treasurer of an electoral trust or any other person authorised by the trust with three months of the close of each financial year to the election commission29l (1) the election commission shall make available, on its website, the contribution reports, submitted by all electoral trusts under sub-sections (2) and (3) of this section15(2) the election commission shall also keep these reports on file for three years after their submission and shall make them available for public inspection on the payment of a prescribed feedisclosure of contribution reports submitted by electoral trusts by election commission penalty43 of 196129m (1) where the electoral trust fails to submit a report in the prescribed form within the time specified under sub-sections (2) or (3) then, such electoral trust shall be liable to a penalty of twenty five thousand rupees for each day of non-compliance and so long as the non-compliance continues:20provided that if such default continues beyond period of ninety days, the election commission may ban the electoral trust from receiving any donations in future, after giving a reasonable opportunity of hearing25(2) if the election commission finds on verification, undertaken whether suo motu or on information received, that the statement of accounts filed under this section is false in any particular, the election commission shall impose a fine up to a maximum of fifty lakh rupees on such electoral trust or ban on receiving further donation for a period as decided by election commission or both(3) if the electoral trust has received funds from an impermissible donor, it shall be liable to penalty that is five times the amount so accepted by the trust30explanation— for the purpose of this section, "impermissible donor" refers to:(a) a government company, as defined in section 29b;18 of 2013(b) a company that does not comply with the requirements of sub-section (1)section 182 of the companies act, 2013; or3549 of 1976(c) any foreign source defined under clause (e) of section 2 of the foreign contribution (regulation) act, 1976 part ivc regulation of political parties29n (1) any citizen of the country may form a political party40formation of political parties(2) every political party shall frame its constitution defining its aims and objects and providing for matters specified in this part:provided that the aims and objects of a political party shall not be inconsistent with the provisions of the constitution(3) a political party shall strive towards, and utilize its funds exclusively for, the fulfilment of its aims and objects and the goals and ideals set out in the constitution of india29 (1) a political party may sue and may be sued in its own name (2) a political party shall be competent to hold and dispose of propertiesname of political parties and power to sue5(3) the name of a political party must be clearly distinguishable from that of anyexisting political party and shall be subject to approval by the election commission(4) in election campaigns and in elections, only the registered name or its acronym, as may have been approved by the election commission, alone shall be used29p the constitution of a political party shall provide for the following matters:—constitution of a political party10(a) name of the political party and acronym (if used) and the aims and objectivesof the party;(b) procedure for admission, expulsion and resignation by the members; (c) rights, duties and obligations of the members;(d) grounds on which and the procedure according to which disciplinary actioncan be taken against the members;15(e) the general organisation of the party including the formation of state, regional,district, block and village level units;(f) composition and powers of the executive committee (by whatever name it iscalled) and other organs of the party;20(g) the manner in which the general body meetings can be requisitioned andconducted and the procedure for requisitioning and holding conventions to decide questions of continuance, merger and other such fundamental organisational matters;(h) the form and content of the financial structure of the party consistent withthe provisions of this part 29q (1) every political party shall elect an executive committee25executive committees(2) the term of the executive committee shall be four years (3) the executive committee may constitute a sub-committee, by whatever name called,to carry out the business of the executive committee and to carry on regular and urgent executive committee business30(4) the members of the sub-committee shall be elected by the members of the executivecommitteevoting procedures29r every political party shall adopt its resolutions on the basis of a simple majorityvote held by secret ballotcandidate selection3529s the candidates for contesting elections to the parliament or the legislativeassembly of the states shall be selected by the executive committee of the political party having due regard to the recommendations and resolutions passed by the concerned local party unitsregular elections29t (1) it shall be the duty of the executive committee to take appropriate steps toensure compliance with the provisions of this chapter including holding of elections at all levels40(2) the executive committee of a political party shall hold elections of national andstate levels in the presence of the observers to be nominated by the election commission of india:provided that, the election commission may, if it consider necessary, send its observers at elections to be held at other national and state levels29u (1) the election commission shall inquire, either suo motu or on information received into allegation of non-compliance of any of the provisions of this partpenalties for noncompliance5(2) on inquiry, if the election commission is satisfied that there has been noncompliance of any of the provisions of this chapter by any political party, the commission shall call upon the party to rectify the non-compliance within such period as may be prescribed by the election commission10(3) in case, the non compliance continues even after the period so prescribed, it shall be open to the election commission to impose such fine on the political party as it may deem fit in circumstances of the case including imposition of a penalty of rupees twenty five thousand per day for each day of non-compliance and withdrawal of registration of the party29v (1) if any political party registered under section 29a of this act does not contest any election to the house of the people or the legislative assembly of a state for ten consecutive years, its registration shall be liable to be cancelled by the election commission15penalty for failure to contest elections for ten years consecutively(2) the election commission shall scrutinise the registrations of all the political parties under section 29a, and if it finds that any registered party has not contested any election to the house of the people or the legislative assembly of a state for ten consecutive years, it shall cancel such registration"8 in section 33 principal act, in sub-section (7)—20amendment of section 33(i) in clause (a), for the words "from more than two parliamentary constituencies", the words "from more than one parliamentary constituency" shall be substituted;(ii) in clause (b), for the words "from more than two assembly constituencies", the words "from more than one assembly constituency" shall be substituted;25(iii) in cluase (c), for the worlds "from more than two council constituencies",the words "from more than one council constituency" shall be substituted;(iv) in clause (d), for the words "for filling more than two such seats", the words"for filling more than one such seat" shall be substituted;30(v) in clause (e), for the words "from more than two such parliamentary constituencies", the words "from more than one such parliamentary constituency" shall be substituted;(vi) in clause (f), for the words "from more than two such assemblyconstituencies", the words "from more than one such assembly constituency" shall be substituted;35(vii) in clause (g), for the words "for filling more than two such seats", the words"from more than one such seat" shall be substituted;(viii) in clause (h), for the words "from more than two such council constituencies", the words "from more than one such council constituency" shall be substituted409 after chapter viia of the principal act, the following chapter and sections thereunder shall be inserted, namely:—insertion of new chapter viib "chapter viib restriction on government sponsored advertisements75b (1) the central government or the state government, as the case may be, shall not publish any advertisements its achievements either in the print media, electronic media, or by way of banners or hoardings in public places for a period of six months prior to the date restriction on government sponsored advertisementof expiry of the term of the house of the people or the legislative assembly of the concerned state:5provided that the restrictions above shall not apply to the advertisements of achievements of the governmnets relating to their poverty alleviation programmes or any health related schemes; however, such advertisements shall not carry any symbol of a political party or the names or photographs of any minister or leader of any political party (2) in case, election commission of india finds through the means of complaint or by itself that advertisement issued are in contravention to section 75b, the party responsible shall be fined twice the amount of the advertisements issued"1010 after section 77 of the principal act, the following section shall be inserted, namely:—insertion of new section 77aaccount of contributions received15"77a every candidate at an election shall, either by himself or by his election agent, also keep an account of the following particulars in respect of the donations or contributions received by the candidate after the date of notification of election, namely:—(a) the amount of contribution received by the candidate from his party for the election;(b) the amount of contribution received by the candidate from—(i) any person;20(ii) any company, not being a government company;(c) the name, address and pan card details, if applicable, of the donor in sub-clause (b) above;(d) the nature of each contribution, in particular, whether it is:25(i) cash; or (ii) cheque; or (iii) gifts in kind;(e) the date on which the contribution was received30explanation— all contributions by a political party to its candidate shall be made by a crossed account payee cheque or draft or bank transfer"11 in section 78 of the principal act,—amendment of section 78(a) the words "or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates" shall be omitted; and35(b) after the words "by his election agent under section 77", the words "and section 77a, respectively" shall be added 12 after section 78a of the principal act, the following section shall be inserted, namely:—insertion of new section 78b40"78b (1) the district election officer shall make publicly available, on its website, the accounts of election expenses and contribution reports submitted by every contesting candidate or their election agent under section 78disclosure of account submitted by contesting candidates(2) the district election officer shall also keep accounts of election expenses and contribution reprts on file for three years after their submission and shall make them available for public inspection on the payment of a prescribed fee under rule 88 of the conduct of election rules, 1961"amendment of section 7913 in section 79 of the principal act, for clause (e), the following clause shall be substituted, namely:—5"(e) "high court" means the high court within the local limits of whose jurisdictionthe election to which the election petition relates has been held; wherever applicable, a reference to the high court in this part shall also be deemed to include a refernce to the 'election bench' designated by the chief justice of the relevant high court in accordance with the procedure prescribed by this part;"1014 in section 80a of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—amendment of section 80a"(4) where the high court functions in more than one state, or where the high court has more than one bench, the election petition shall be filed before the principal seat of the relevant high court15explanation— the high court in its discretion may, in the interests of justice orconvenience, try an election petition, wholly or partly, at the bench or place other than the principal seat of the high court"15 in section 86 of the principal act,—amendment of section 86(a) after sub-section (2), the following sub-section shall be inserted, namely:—20"(2a) there shall be one or more election benches, comprising of one or morejudges, as designated by the chief justice of the high court under sub-section (2) of 80a, which shall only be dealing with election petitions presented in accordance with the provisions of this part25(2b) the trial of an election petition shall be continued from day to day until itsconclusion, and the election bench shall not grant any adjournments unless sufficient cause is made out and may impose costs, including exemplary costs, on the party seeking the adjournment30(2c) every election petition shall be tried as expeditiously as possible and trialshall be concluded within six months from the date on which the election petition is presented to the high court for trial:provided that if the trial is not concluded within six months, the designated election bench shall, for reasons to be recorded in writing, explain the cause for delay in a report to the chief justice of the high court(2d) the respondent(s) shall file the written statement within forty-five days from the date of service of summons:35provided that if the election bench is satisfied that the respondent(s) were prevented by sufficient cause from filing the written statement within the said period of forty-five days, it may entertain the written statement within a further period of fifteen days, but not thereafter:40provided further that on expiry of the period of fifteen-days, the respondent(s)shall forfeit the right to file the written statement and the election bench shall not allow the written statement to be taken on record thereafter"(b) sub-sections 6 and 7 shall be omitted16 after section 98 of the principal act, the following section shall be inserted, namely:—insertion of new section 98a"98a (1) every high court shall maintain and update on its website, the information regarding the number of election petitions filed and pending, the status of each petition, the names of the parties, and designated election bench5collection and disclosure of data by the high court(2) the election commission shall prepare an annual report compiling the information mentioned in sub-section (1) from all the high courts, and shall publish the said information annually on its website"1017 in sections 99, 100, 102, 109, 112, 116 and 119 of the principal act, for the words'high court', wherever they occur, the worlds 'election bench of high court' shall be substitutedamendment of sections 99, 100, 102, 109, 112, 116 and 119 amendment of section12318 in section 123 of the principal act, in sub section (2), in proviso (a), after entry (ii), the following entry shall be inserted, namely:—"(iii) pays for news;"19 in section 126 of the principal act,—15amendment of section 126(i) in sub-section (1), for clause (b), the following clause shall be substituted, namely:—"(b) publish, publicise or disseminate any election matter by means of print or electronic media;" (ii) after sub-section (2), the following sub-section shall be inserted, namely:—20"(2a) no court shall take cognisance of any offence punishable under sub section (1) unless there is a complaint made by order of, or under authority from, the election commission or the chief electoral officer of the state concerned explanation—for the purposes of this section,—25(a) "election matter" means any matter intended or calculated to influence or affect the result of an election(b) "electronic media includes internet, radio and television including internet protocol television, satellite, terrestrial or cable channels, mobile and such other media either owned by the government or private person or by both;30(c) "print media" includes any newspaper, magazine or periodical, poster, placard, handbill or any other document;(d) "disseminate" includes publication in any "print media" or broadcast or display on any electronic media; and (iii) sub-section (3) shall be omitted3520 after section 126b of the principal act, the following sections shall be inserted, namely:—insertion of new sections 126c and 126d"126c (1) no person shall publish or broadcast the results of an opinion poll without providing the following together with the results:disclosures relating to opinion polls(a) the name of the sponsor of the survey;40(b) the name of the person or organization that conducted the survey; (c) the date on which or the period during which the survey was conducted;(d) the population from which the sample of respondents was drawn; (e) the number of people who were contacted to participate in the survey; and (f) if applicable, the margin of error in respect of the data obtained (g) a declaration that the results are in the nature of predictions, to be displayed prominently, in the manner prescribed by the election commission5(h) any other information as may be notified by the election commission(2) in addition to the information under sub-section (1), the publisher or broadcaster of an opinion poll shall, within a period of twenty- four hours after the publication or broadcast of the opinion poll, publish on its website a copy of a written report on the results of the survey referred to in sub-section (1)10(3) the report referred to in sub-section (2) shall include the following, as applicable:(a) the name and address of the sponsor of the survey;(b) the name and address of the person or organization that conducted thesurvey;(c) the date on which or the period during which the survey was conducted;15(d) information about the method used to collect the data from which the surveyresults are derived, including(i) the sampling method; (ii) the population from which the sample was drawn;20(iii) the size of the initial sample; (iv) the number of individuals who were asked to participate in the surveyand the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey;25(v) the date and time of day of the interviews; (vi) the method used to recalculated data to take into account in the surveythe results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and30(vii) any weighting factors or normalization procedures used in derivingthe results of the survey;(e) the wording of the survey questions and, if applicable the margins of error in respect of the data obtained; and(f) a copy of the poll as published along with the copy of the disclosure under sub-section(1)35(4) the election commission may issue further notifications regarding the mannerin which the disclosures under sub-sections (1) and (2) are to be made40(5) any person who contravenes the provisions of this section shall be punished, on first conviction, with fine which may extend up to five lakh rupees, and in the event of a second or subsequent conviction with imprisonment of either imprisonment for a term which may extend up to two years, and shall also be liable to fine(6) no court shall take cognisance of any offence punishable under this section unless there is a complaint made by order of, or under authority from, the election commission or the chief electoral officer of the state concernedexplanation—for the purposes of this section, "opinion poll" means a survey of how electors shall vote at an election or of the preferences of electors respecting any candidate, group of candidates, or political partyoffences by companies5126d (1) where an offence under sub-section (1) of section 126c has been committedby 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:10provided that nothing contained 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 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 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 purpose of this section,—20(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 firm"21 after section 127a of the principal act, the following sections shall be inserted, namely:—insertion of new sections 127b, 127c and 127d25paying for news"127b (1) any person who is found paying for news, or receiving payment for newsshall be punished with imprisonment for a term which may extend upto three years, and with fine, which may extend upto twenty-five lakh rupees30(2) nothing contained in sub-section (1) shall apply to payments made by registered political parties for the management of official publications whether print, radio, television and all other electronic owned or controlled by them(3) for the purposes of sub-section (2) every registered political party shall disclose its interests in any publication in the form and manner notified by the election commission of india in this regard35(4) an attempt to commit an act punishable under sub-section (1) shall be punished with imprisonment for a term, which may extend upto two years, or with fine, which may extend upto ten lakh rupees, or with both(5) no court shall take cognisance of any offence punishable under this section unless there is a complaint made by order of, or under authority from, the election commission of india or the chief electoral officer of the state concerned40127c (1) any political advertisement in any media shall carry a disclosure to this effect in the form and manner notified by the election commission of india in this regardnondisclosure of interest in political advertising(2) whoever contravenes the provision of sub-section (1) shall be punished with imprisonment for a term which may extend upto six months or fine which may extend upto five lakh rupees or with both45offences by companies127d (1) where an offence under sub-section (1) of section 127b has been 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 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:5provided that nothing contained in this sub-section shall render any such personliable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence10(2) notwithstanding anything contained in sub-section (1), where an offence underthis act 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 purpose of this section,—15(a) "company" means any body corporate, and includes a firm or other associationof individuals; and(b) "director", in relation to a firm, means a partner in the firm" statement of objects and reasonstransparency in election financing is most important for a truly democratic electoral representation although there are legal provisions limiting election expenditure for candidates and governing the disclosure of contributions by companies to political parties however, the same is not properly regulated, either due to loopholes in the law or their improper enforcement this is evident from the 2001 consultation paper of the national commission to review the working of the constitution on electoral reforms, which estimates that actual campaign expenditure by candidates is "in the range of about twenty to thirty times the said limitsassociation of democratic reforms (adr) in its election expenses analysis for the lok sabha, 2009 of the 6753 candidates (of a total of 8028 candidates) whose summary statements of expenses were available, only four candidates exceeded the ceiling and only 30 spent up to 90 percent of the expediture limit on the other hand, 1066 candidates declared election expenses of less than rs 20,000 and 197 declared expenses less than rs 10,00097 given the distortion between the reported and estimated candidate expenditure, increasing the expenditure limits further might not necessarily provide an answeras pointed out by law commission of india its 255th report on reforms in election commission, section 77 of the representation of people act, 1951 only covers individual "candidates" and not on political parties it allows political parties to have unlimited expenditure on part account in case of political contribution, the rs 20,000 disclosure limit can be easily evaded by writing multiple cheques below rupees 20,000 each, or giving the money in cash election commission of india's transparency guidelines do not have statutory authority and there is no legal consequence for non-compliance further, unlike many of the countries, political parties and candidates file their returns with the election commission of india, without putting up the information online (on the election commission of india's website) or making it easily available for public inspection (barring an rti) this is essential to bring about transparency in the public domain and to let the voters know the donors, contributions and expenditures of the parties and candidatesthe present bill, therefore, seeks to amend the representation of people act, 1951 with a view to—(a) expand the ambit of election commission of india by providing it the powers to prosecute, in case, issues are found with the filing of expenditure reports of candidates and parties;(b) include 'paid news' within the mandate of election commission of india to put a check on electoral malpractice which severely hinges on the idea of freedom of speech by manipulating public opinion;(c) constitute electoral benches under the respective high court of the states to adjudicate upon election related cases; and(d) confer election commission of india with the powers to prosecute and de-register a political party in case of non-disclosure or wrongful disclosure of the expenditure the aforesaid amendments in the representation of people act, 1951 were long overdue and have been repeatedly pointed out by election commission of india, civil society and various law commission reports a transparent election is right of the citizens of the country it is on this edifice of transparency and accountability of politicians that the true idea of democracy can be achievedhence this billnew delhi;feroze varun gandhijuly 5, 2016 annexure extracts from the representation of people act, 1951 (43 of 1951) 2 (1) in this act, unless the context otherwise requires,—interpretation (e) "elector" in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950);| | | | | | ||------|------|------|------|------|-----|4 a person shall not be qualified to be chosen to fill a seat in the house of the people7 , unless—| ||----------------|| qualifications || for || membership || of the house || of the people |(d) in the case of any other seat, he is an elector for any parliamentary constituency| | | | | | ||------|------|------|------|------|-----|5 a person shall not be qualified to be chosen to fill a seat in the legislative assembly of a state unless—| ||----------------|| qualifications || for || membership || of a || legislative || assembly |(c) in the case of any other seat, he is an elector for any assembly constituency in that state:| | | | | | ||------|------|------|------|------|-----|10(a) if the election commission is satisfied that a person—(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this act; anddisqualification for failure to lodge account of election expenses(b) has no good reason or justification for the failure, the election commission shall, by order published in the official gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order| | | | | | ||------|------|------|------|------|-----|29c—(1) the treasurer of a political party or any other person authorised by the polical party in this behalf shall, in each financial year, prepare a report in respect of the following, namely:—declaration of donation received by the political parties(a) the contribution in excess of twenty thousand rupees received by such political party from any person in that financial year;(b) the contribution in excess of twenty thousand rupees received by such political party from companies other than government companies in that financial year (2) the report under sub-section (1) shall be in such form as may be prescribed (3) the report for a financial year under sub-section (1) shall be submitted by the treasurer of a political party or any other person authorised by the political party in this behalf before the due date for furnishing a return of its income of that financial year under section 139 of the income-tax act, 1961 (43 of 1961), to the election commission(4) where the treasurer of any political party or any other person authorised by the political party in this behalf fails to submit a report under sub-section (3) then, notwithstanding anything contained in the income-tax act, 1961 (43 of 1961), such political party shall not be entitled to any tax relief under that act] 33 (1) presentation of nomination paper and requirements for a valid nomination(7) notwithstanding anything contained in sub-section (6) or in any other provisions of this act, a person shall not be nominated as a candidate for election,—(a) in the case of a general election to the house of the people (whether or not held simultaneously from all parliamentary constituencies), from more than two parliamentary constituencies;(b) in the case of a general election to the legislative assembly of a state(whether or not held simultaneously from all assembly constituencies), from more than two assembly constituencies in that state;(c) in the case of a biennial election to the legislative council of a state having such council, from more than two council constituencies in the state;(d) in the case of a biennial election to the council of states for filling two or more seats allotted to a state, for filling more than two such seats;(e) in the case of bye-elections to the house of the people from two or more parliamentary constituencies which are held simultaneously, from more than two such parliamentary constituencies;(f) in the case of bye-elections to the legislative assembly of a state from two or more assembly constituencies which are held simultaneously, from more than two such assembly constituencies;(g) in the case of bye-elections to the council of states for filling two or more seats allotted to a state, which are held simultaneously, for filling more than two such seats;(h) in the case of bye-elections to the legislative council of a state having such council from two or more council constituencies which are held simultaneously, from more than two such council constituencies explanation—for the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the election commission under section 147, section 149, section 150 or, as the case may be, section 151 on the same date| | | | | | ||------|------|------|------|------|-----|lodging of account with the district election officer78 every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the district election officer an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77definitions79 in this part and in [part vii] unless the context otherwise requires—| | | | | | ||------|------|------|------|------|-----|(e) "high court" means the high court within the local limits of whose jurisdiction the election to which the election petition relates has been held;| | | | | | ||------|------|------|------|------|-----|80a (3) the high court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or party, at a place other than the place of seat of the high court86 high court to try election petitions(6) the trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the high court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded(7) every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the high court for trial 99 (1) at the time of making an order under section 98 3 [the high court] shall also make an order—trial of election petitions(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording—(i) a finding whether any corrupt practice has or has not been proved to have been committed the election, and the nature of that corrupt practice;(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and (b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid: provided that 6 [a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless—(a) he has been given notice to appear before 3 [the high court] and to show cause why he should not be so named; and(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the high court and has given evidence against him, of calling evidence in his defence and of being heard(2) in this section and in section 100, te expression "agent" has the same meaning as in section 123100 (1) subject to the provisions of sub-section (2) of 3 [the high court] is of opinion other orders to be made by the high court(a) that on the date of his election a returned candidate was not qualified, or wasdisqualified, to be chosen to fill the seat under the constitution or this act 9 [or the government of union territories act, 1963 (20 of 1963)]; or(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or(c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far a as it concerns a returned candidate, has been materially affected—(i) by the improper acceptance or any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate 1 [by an agent other than his election agent], or(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or(iv) by any non-compliance which the provisions of the constitution or of this act or of any rules or orders made under this act,[the high court] shall declare the election of the returned candidate to be void (2) if in the opinion of 2 [the high court], a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice 4 but 2 [the high court] is satisfied(a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and 5 [without the consent], of the candidate as his election agent;(c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and(d) that in all other respects the election was free from any corrupt 7 practice on the part of the candidate or any of his agents, then 2 [the high court] may decide that the election of the returned candidate is not void 102—if during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates,—grounds for declaring election to be void(a) any decision made by the returning officer under the provisions of this act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and(b) in so far as that question is not determined by such a decision 1 [the high court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote,109 (1) an election petition may be withdrawn only by leave of the high courtwithdrawal of election petitions(2) where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the official gazette section 112 (1) an election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners(2) where an election petition abates under sub-section (1), the high court shall cause the fact to be published in such manner as it may deem fit(3) any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as [the high court may deem fit] abatement of election petitions116 if before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, 5[the high court] shall cause notice of such event to be published in the official gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as 5 [the high court] may think fit abatement or substitution on death respondent119 (1) costs shall be in the discretion of the high court provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the high court shall make an order for costs in favour of the returned candidate(2) undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7 [with the consent of the candidate or his election agent], with the free exercise of any electoral right: corrupt practices123 the following shall be deemed to be corrupt practices for the purposes of this act:— (2) undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7 [with the consent of the candidate or his election agent], with the free exercise of any electoral right:provided that—(a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who—(i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure,prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll126 (1) no person shall— (a) convene, hold or attend, join or address any public meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or (c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the fixed for the conclusion of the poll for any election in the polling area (2) any person who contravenes the provision of sub-section (1)shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both (3) in this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election———— a billfurther to amend the representation of people act, 1951————(shri feroze varun gandhi, mp)gmgipmrnd—1631ls(s3)—28-07-2016 | Parliament_bills | d45cad80-02ea-5d89-8f93-a2321a21a4c3 |
financial memorandumclause 3 of the bill provides that the central government shall provide compulsory military training to all able-bodied persons for a period of not less than one year and for the purpose shail establish such number of institutions and shall take such other necessary steps, as it may deem fit clause 4 provides that persons who have undergone military training and remain unemployed shall be given unemployment allowance the central government will have to incur expenditure in fespect of the union territories for carrying out the provisions of the bill, the central government may have to assist the state governments for carrying out the provisions of this bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees seven thousand crore per annum, a non-recurring expenditure of about rupees three crore is also likely to be involved, memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying 'out the purposes of the bill the rules will relate to matters ot detail only and as such the elegation of legislative power is of a normal character, | Parliament_bills | c2d692c6-ccb0-5990-b034-0cb73cd6523a |
financial memorandum >clause 7 provides for establishment of a children's home in every district for rehabilitation of children engaged in a job or employed in an establishment the central government would have to incur expenditure from the consolidated fund of india for - establishment of children's homes in respect of union territories the state governments will incur expenditure from their respective consolidated funds for children homes to be established q in their respective states the bill, therefore, if enacted, will involve expenditure from the | consolidated fund of india it is likely to involve a recurring expenditure of about rupees - fifty crore per annum : a non-recurring expenditure of about rupees one 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 the bill as the rules will relate to matters of detail only, the delegation of _ legislative powers is of a normal character | Parliament_bills | ddd82026-a06f-5cd6-9c74-f25bab47c9c5 |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.